Even as the chief executive of the C3 Collective cut a ribbon to officially open Walnut Creek's first medical marijuana dispensary, the city continued to push for the center's closure.
C3 held an official opening ceremony Oct. 8, even though it has been open and providing medical marijuana to its members for months. The opening happened in the face of the city's mounting defense against the collective.
The nonprofit private collective is already being hit with zoning violation fines from the city – $500 for every day it is open. So far the collective owes more than $14,800.
On Oct. 6, just two days before the grand opening, the city denied C3's appeal of the fines at an administrative review hearing. C3 has been ordered to pay the money by Nov. 6.
Walnut Creek officials not only consider the dispensary's operation illegal, but say similar legal uses, such as pharmacies, are prohibited by zoning code on Oakland Boulevard, where the collective operates.
The city sued the collective last month in an effort to shutdown the dispensary; the first hearing in that case is in March. But city attorneys are working on an injunction that, if granted, could force the center to close down sooner.
Scot Candell, attorney for the collective, said at this point his clients want a judge to step in, citing that medical marijuana is not illegal in California. Candell objected to the administrative hearing, where a city manager-appointed staff member was tapped to impartially decide whether zoning codes had been violated.
"It's not really the neutral and impartial judge we should be entitled to," he said.
Candell plans to ask for a judicial review, which the collective has a right to do within 20 days of the city's decision.
City Attorney Paul Valle-Riestra said the Oct. 6 hearing was part of the appeal process for a contested zoning violation. A city staffer who has no connection to the situation is chosen to make a judgment. In this case, the staffer was Kevin Safine, assistant director of arts, recreation and community services. Safine denied C3's appeal of the fines.
Such hearings are rare. Valle-Riestra said he couldn't remember another time when one had been held.
"It's rare that we even cite people," he said. "Our objective is compliance, not to get money out of people."
The only way for C3 to comply would be to shut down. But that isn't going to happen, Candell said.
"Their priority is the continuation of service to their patients who need medication," he said. "C3 feels they would be abandoning their patients if they were to just fold up their tent at this point."
Candell said he doesn't understand why the city is pushing for a shutdown so hard when, he believes, there will eventually be an ordinance that allows dispensaries in Walnut Creek.
City staff is currently studying whether to allow, or permanently prohibit, medical marijuana dispensaries.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Contra Costa Times
Author: Elisabeth Nardi
Contact: Contra Costa Times
Copyright: 2009 Bay Area News Group
Website: Fines Mount For Walnut Creek Marijuana Dispensary
C3 held an official opening ceremony Oct. 8, even though it has been open and providing medical marijuana to its members for months. The opening happened in the face of the city's mounting defense against the collective.
The nonprofit private collective is already being hit with zoning violation fines from the city – $500 for every day it is open. So far the collective owes more than $14,800.
On Oct. 6, just two days before the grand opening, the city denied C3's appeal of the fines at an administrative review hearing. C3 has been ordered to pay the money by Nov. 6.
Walnut Creek officials not only consider the dispensary's operation illegal, but say similar legal uses, such as pharmacies, are prohibited by zoning code on Oakland Boulevard, where the collective operates.
The city sued the collective last month in an effort to shutdown the dispensary; the first hearing in that case is in March. But city attorneys are working on an injunction that, if granted, could force the center to close down sooner.
Scot Candell, attorney for the collective, said at this point his clients want a judge to step in, citing that medical marijuana is not illegal in California. Candell objected to the administrative hearing, where a city manager-appointed staff member was tapped to impartially decide whether zoning codes had been violated.
"It's not really the neutral and impartial judge we should be entitled to," he said.
Candell plans to ask for a judicial review, which the collective has a right to do within 20 days of the city's decision.
City Attorney Paul Valle-Riestra said the Oct. 6 hearing was part of the appeal process for a contested zoning violation. A city staffer who has no connection to the situation is chosen to make a judgment. In this case, the staffer was Kevin Safine, assistant director of arts, recreation and community services. Safine denied C3's appeal of the fines.
Such hearings are rare. Valle-Riestra said he couldn't remember another time when one had been held.
"It's rare that we even cite people," he said. "Our objective is compliance, not to get money out of people."
The only way for C3 to comply would be to shut down. But that isn't going to happen, Candell said.
"Their priority is the continuation of service to their patients who need medication," he said. "C3 feels they would be abandoning their patients if they were to just fold up their tent at this point."
Candell said he doesn't understand why the city is pushing for a shutdown so hard when, he believes, there will eventually be an ordinance that allows dispensaries in Walnut Creek.
City staff is currently studying whether to allow, or permanently prohibit, medical marijuana dispensaries.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Contra Costa Times
Author: Elisabeth Nardi
Contact: Contra Costa Times
Copyright: 2009 Bay Area News Group
Website: Fines Mount For Walnut Creek Marijuana Dispensary
