The owner of a medical marijuana store sued the city of Mountain View Friday over the legality of a moratorium preventing medicinal cannabis sales, which is forcing the club to close its doors.
Though city officials say the moratorium is only in place until Mountain View lawmakers figure out how to regulate dispensaries, Matt Lucero, owner of Buddy's Cannabis Patient Collective in Mountain View, is seeking an injunction to keep his 13-day old dispensary in business. . "We're not going away," said Lucero.
The City Of Mountain View said Lucero is in volition of a 12-month ban passed in February forbidding any new medical marijuana clinics.
"You can't have a local ban depriving people of a constitutional right," says Lucero. "That's illegal. It's unenforceable and we're not going to stand for it."
Acting Mountain View City Attorney Jannie Quinn said the ban was approved to give the city time to study the matter and make some decisions.
"Are there appropriate areas in the city of Mountain View where dispensaries could be located?" said Quinn. "What are the best districts where they should be located? Should a permit be required to open a medical marijuana dispensary?"
Lucero says his business poses no threat to the public, particularly its location.
"They complain they need to study it," says Lucero. "Look where this place is, across the street is the highway behind it is the swamp."
But Acting City Attorney Quinn said Lucero needs to operate within city ordinances, and the situation is cut and dried.
"Instead of participating in the process and waiting for the city to enact an ordinance he chose to commence operation in violation of the prohibition on medical marijuana dispensaries," said Quinn.
California voters approved medical marijuana 14 years ago. About three dozen cities across the state have rules governing dispensaries. Mountain View city leaders say they plan to meet in June to see if any of the other city ordinances would be helpful to use as a basis for regulations there.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: KTVU
Copyright: 2010 KTVU.com
Though city officials say the moratorium is only in place until Mountain View lawmakers figure out how to regulate dispensaries, Matt Lucero, owner of Buddy's Cannabis Patient Collective in Mountain View, is seeking an injunction to keep his 13-day old dispensary in business. . "We're not going away," said Lucero.
The City Of Mountain View said Lucero is in volition of a 12-month ban passed in February forbidding any new medical marijuana clinics.
"You can't have a local ban depriving people of a constitutional right," says Lucero. "That's illegal. It's unenforceable and we're not going to stand for it."
Acting Mountain View City Attorney Jannie Quinn said the ban was approved to give the city time to study the matter and make some decisions.
"Are there appropriate areas in the city of Mountain View where dispensaries could be located?" said Quinn. "What are the best districts where they should be located? Should a permit be required to open a medical marijuana dispensary?"
Lucero says his business poses no threat to the public, particularly its location.
"They complain they need to study it," says Lucero. "Look where this place is, across the street is the highway behind it is the swamp."
But Acting City Attorney Quinn said Lucero needs to operate within city ordinances, and the situation is cut and dried.
"Instead of participating in the process and waiting for the city to enact an ordinance he chose to commence operation in violation of the prohibition on medical marijuana dispensaries," said Quinn.
California voters approved medical marijuana 14 years ago. About three dozen cities across the state have rules governing dispensaries. Mountain View city leaders say they plan to meet in June to see if any of the other city ordinances would be helpful to use as a basis for regulations there.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: KTVU
Copyright: 2010 KTVU.com
