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A medical marijuana physician has begun issuing prescriptions at a newly opened Claremont office, the COURIER has learned, the announcement being the second in as many weeks that a medical marijuana facility has set up shop without the city's consent or prior knowledge.
Madison Burbank Medical Center, located on the 600 block of S. Indian Hill Boulevard, has already sent one patient to the dispensary that opened in Claremont about 3 weeks ago.
Pro-marijuana forces are bracing for a battle with city hall, as city officials maintain that the operations are subject to city regulations.
Marijuana activist Darrell Kruse announced the existence of his dispensary at the most recent city council meeting, where the council that night issued a moratorium on medical marijuana dispensaries. Despite the moratorium, Mr. Kruse remains open and has pledged not to shut down.
The dispensary is operating without a business license, and as such is in violation of the city's land use code, City Attorney Sonia Carvalho said.
"I have advised the city to address the matter in the same way it would any other case where a person is operating a business without a business license and in violation of the city's land use regulations," Ms. Carvalho said vie e-mail.
"If an individual opens an auto repair shop in Claremont without a business license and in a zone where the operations are not permitted, the city would seek to enforce its rules and regulations. Mr. Kruse appears to be saying that for some reason the city cannot enforce its business license and land use regulations when it comes to his operations. He is wrong."
City hall's next step will be to send a letter to Mr. Kruse demanding that he cease his operation, City Manager Jeff Parker said. Should Mr. Kruse refuse, the city could then issue him a citation.
But if nothing came of that, and the establishment remained open, the city would have to go to court to force Mr. Kruse to close down, Mr. Parker said.
Any city effort to enforce its regulations through court action would have to be sanctioned by the city council, Mr. Parker said.
"Consistency in enforcing the law is very important to me," Councilman Corey Calaycay said. The council has passed an emergency ordinance for the moratorium, and "it must be enforced," he said, otherwise it is meaningless.
"We have to go to court with a lot of other people who violate various city codes," he said.
"I think we all want to make a decision on this as quickly as possible," Councilwoman Sandy Baldonado said.
Reached by telephone Wednesday afternoon, Mr. Kruse was tending to a new patient, who had just received his prescription from the medical marijuana doctor down the street. With the addition of a new patient, the dispensary now has 3 regular patients, he said.
He repeated his pledge to remain open despite resistance from city hall, maintaining that the city has "no way to win."
"I don't think they want to tread on me," he said. "It's a fight they can't win, so why waste the money?"
Mr. Kruse said he opened up his establishment in Claremont in part because Ms. Carvalho, Claremont's city attorney, works for the same law firm as the city attorney in Corona, which is engaged in a similar battle with a medical marijuana dispensary.
The medical marijuana movement is so large, Mr. Kruse said, that "if Sonia really wants, we can pack the city council chambers with people with signs that say: 'Dump Sonia.'"
NewsHawk: _qWERTY - 420Times.com
Source: Claremont Courier
Pubdate: Saturday, October 07, 2006
Copyright: 2006 Claremont Courier
Contact: editor@claremont-courier.com
Website: https://www.claremont-courier.com/index.html
Madison Burbank Medical Center, located on the 600 block of S. Indian Hill Boulevard, has already sent one patient to the dispensary that opened in Claremont about 3 weeks ago.
Pro-marijuana forces are bracing for a battle with city hall, as city officials maintain that the operations are subject to city regulations.
Marijuana activist Darrell Kruse announced the existence of his dispensary at the most recent city council meeting, where the council that night issued a moratorium on medical marijuana dispensaries. Despite the moratorium, Mr. Kruse remains open and has pledged not to shut down.
The dispensary is operating without a business license, and as such is in violation of the city's land use code, City Attorney Sonia Carvalho said.
"I have advised the city to address the matter in the same way it would any other case where a person is operating a business without a business license and in violation of the city's land use regulations," Ms. Carvalho said vie e-mail.
"If an individual opens an auto repair shop in Claremont without a business license and in a zone where the operations are not permitted, the city would seek to enforce its rules and regulations. Mr. Kruse appears to be saying that for some reason the city cannot enforce its business license and land use regulations when it comes to his operations. He is wrong."
City hall's next step will be to send a letter to Mr. Kruse demanding that he cease his operation, City Manager Jeff Parker said. Should Mr. Kruse refuse, the city could then issue him a citation.
But if nothing came of that, and the establishment remained open, the city would have to go to court to force Mr. Kruse to close down, Mr. Parker said.
Any city effort to enforce its regulations through court action would have to be sanctioned by the city council, Mr. Parker said.
"Consistency in enforcing the law is very important to me," Councilman Corey Calaycay said. The council has passed an emergency ordinance for the moratorium, and "it must be enforced," he said, otherwise it is meaningless.
"We have to go to court with a lot of other people who violate various city codes," he said.
"I think we all want to make a decision on this as quickly as possible," Councilwoman Sandy Baldonado said.
Reached by telephone Wednesday afternoon, Mr. Kruse was tending to a new patient, who had just received his prescription from the medical marijuana doctor down the street. With the addition of a new patient, the dispensary now has 3 regular patients, he said.
He repeated his pledge to remain open despite resistance from city hall, maintaining that the city has "no way to win."
"I don't think they want to tread on me," he said. "It's a fight they can't win, so why waste the money?"
Mr. Kruse said he opened up his establishment in Claremont in part because Ms. Carvalho, Claremont's city attorney, works for the same law firm as the city attorney in Corona, which is engaged in a similar battle with a medical marijuana dispensary.
The medical marijuana movement is so large, Mr. Kruse said, that "if Sonia really wants, we can pack the city council chambers with people with signs that say: 'Dump Sonia.'"
NewsHawk: _qWERTY - 420Times.com
Source: Claremont Courier
Pubdate: Saturday, October 07, 2006
Copyright: 2006 Claremont Courier
Contact: editor@claremont-courier.com
Website: https://www.claremont-courier.com/index.html
