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Marijuana Club Files Suit Against San Jose

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Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
Accusing the city of illegally coercing landlords to evict medical marijuana collectives, the San Jose Cannabis Buyer's Collective has filed suit.

"We're staunchly defending the rights of our members and of all medical cannabis patients in San Jose," Dave Hodges, the group's founder said Thursday.

"Our priority has always been, and will continue to be, safe and easy access for patients in need," he said.

Joining in the suit is Pharmer's Health Center Cooperative Inc.

City Attorney Rick Doyle called the suit premature, saying the city is looking at developing guidelines to allow limited use of medical cannabis clubs.

The suit, filed Tuesday in Santa Clara County Superior Court, comes after the city's code enforcement office sent threatening letters to the landlords of 20 dispensaries, resulting in the departure from the premises of the city's first medical marijuana dispensary, San Jose Cannabis Buyer's Collective.

The letters were sent to landlords of clubs about which the city received complaints. The collective subsequently reopened at a new location.

The lawsuit calls for the city's planning director, Joseph Horwedel to stop this practice, which they contend violates state law.

Friday, a Superior Court judge will decide whether to ban the city from threatening dispensaries with compliance orders.

"What the city did is unconscionable," Andy Schwaderer, who runs Pharmer's, said in a statement.

"Putting pressure on landlords to the point where they felt the need to seek eviction is simply wrong."

San Jose City Councilman Pierluigi Oliverio had proposed that San Jose adopt regulations based on those in other cities that would allow an as-yet unspecified number of medicinal marijuana dispensaries to operate in industrial areas of the city — an option the city is considering.

Both clubs, meanwhile, are planning a noon protest rally Tuesday in front of the city's planning department.

NewsHawk: User: 420 MAGAZINE
Source: mercurynews.com
Author: Sandra Gonzales
Copyright: 2010 San Jose Mercury News
Contact: Help - San Jose Mercury News
Website: Marijuana club files suit against San Jose - San Jose Mercury News

• Thanks to MedicalNeed for submitting this article
VIDEO Coverage: SAN JOSE: City In Legal Battle With Cannabis Clubs Fighting Cease-And-Desist Order [Robert Honda]

Anyone who can please join us in our protest against Joseph Horwedel (Director of Planning, Building & Code Enforcement) for his words and actions against Medical Cannabis.

The City of San Jose has sent cease and desist orders to nearly all of the dispensaries currently operating! declaring them a nuisance. There is no basis for these letters other than the fact that medical cannabis is being provided to members. No actual nuisance activity has been reported. The Collectives and Cooperatives operating these dispensaries are doing their best to be good neighbors and compassionate providers. Unfortunately, some of them will be forced to close due to eviction notices from their landlords.

It is your time to stand up and speak out against these tactics by the city and protect safe access for patients in the South Bay. Patients, caregivers, and supporters are all invited to this rally for our rights. We are keeping things positive and fun so bring your signs, banners, and drums! There will be snacks and refreshments for everyone. Make it a family event and enjoy some of that sunshine we've been missing.

Tuesday, May 4th, 12pm

In front of the San Jose Code Enforcement Office
170 West San Carlos Street, San Jose, CA 95113

More Info:
Protest Rally to Defend Cannabis Collectives in SJ — NEXT Tuesday 5/4/10