A medical marijuana dispensary in Corning is turning into a hotbed of debate in the Olive City.
The controversy started when Ken and Kathy Prather, and Jason Labonte applied for a business license for their medicinal marijuana dispensary, Tehama Herbal Collective, located at 1317 Solano St.
The application was denied by City Planner John Stoufer.
"I denied the license on the basis a medical marijuana collective/dispensary is not listed as permitted use within city zoning ordinances," Stoufer said.
According to the Prathers, they are well within their rights to open the business and feel Stoufer made an incorrect decision in denying the license.
On Sunday the Prathers and Labonte went ahead and opened their business following the advise of their attorney, Eric A. Berg.
Two days later, the debate spilled into the City Council meeting when the council discussed and adopted an urgency measure prohibiting medical marijuana dispensaries, collectives or cooperatives in the city for a 45-day period. The ordinance took affect immediately upon the unanimous vote.
On Thursday Corning police Chief Tony Cardenas and one of his officers presented the Prathers with a city document stating that since the Prathers are continuing to keep their business open they are in violation of a city ordinance and "are hereby ordered to immediately discontinue the operation of a medical marijuana collective."
The document, signed by Stoufer, explains if the business is not closed and the Prathers are found guilty of the infraction they could be fined.
"I recieved the city document and told the city they are from this point on to refer all correspondance directly to my attorney," Ken Prather said. The business continues to remain open.
Stoufer told the council city staff has been in the process of preparing a draft ordinance to regulate the cultivation and possession of marijuana in order to protect the public safety, health, and welfare of the citizens of Corning, and to prevent the cultivation or distribution of medical marijuana in violation of the state's medicinal marijuana laws.
The decision was not met without an outcry of opposition.
Ken Prather told the council he didn't understand why the city denied issuing a license as they had produced all of the required paperwork to open a business.
"You are liable and I will take civil action if you continue to deny us our rights," Prather said. "We don't want to be this way, or do that, but we will. I think you are way out of line and I'm going to pursue this."
According to the Prathers, the required documents they have in their possession to run the business include being incorporated with the state as a nonprofit organization, registered with the state board of equalization, and filed with the federal employment agency for federal employee identification numbers.
City Manager Steve Kimbrough said he knows the city's position is legal and correct.
As for the dispensary staying open without a use permit, Stoufer said the city is consulting with legal counsel to take steps to deal with the business until the City Council makes its final decision.
"Things need to be done legally and if done illegally we need to address it," Cardenas said Friday.
Becky Brudun of Corning admitted she was a medicinal marijuana user and said she had to go all the way to Berkeley to buy her marijuana. There are medicinal marijuana collective/dispensary in Anderson and Redding.
"You think we are low-life pot smokers, but that's not how it is," she said.
Councilwoman Toni Parkins responded, "Don't put words in our mouths, Becky."
"It's coming whether you like it or not," Brudun countered.
A woman who identifid herself as "Zoe," said, "I've been a clown for 45 years working with children and I've been smoking pot for 50 years. Cannabis does help people who can't take pills. This is legitimate, you can't push us under the rug."
Mayor Gary Strack asked the Prathers if the business would provide revenue to the city.
Ken Prather said the business was a nonprofit and would be paying taxes to the city.
Councilwoman Becky Hill made a motion the city provide the dispensary/collective with a temporary license.
"Issue it while we study this issue and the staff can watch and see what's going on at the dispensary," Hill said.
That was not well received by all.
"This is our downtown we are talking about," Sandy Powell of Corning said.
The motion died from a lack of a second.
Following the urgency measure vote, the council directed city staff to work as quickly as possible to provide the necessary documents and information to educated them on the laws, rules and regulations concerning medical marijuana, and to schedule a special meeting if necessary.
The council also plans to hold a joint meeting with the city's Planning Commission to discuss the issue. A tentative date and time for that meeting is 6:30 p.m., Aug. 25, according to Stoufer.
"We didn't shut you down. I'm going to push it to get it through," Hill told the Prathers outside the meeting.
She told them they needed to educate the rest of the council as they had already educated her on the importance of having a medicinal marijuana dispensary/collection in the community.
Hill said in an interview that members of the community who use marijuana for the right reason but can't leave town to get it legally have to get it illegally.
"It's a necessary evil," Hill said. "I know I will receive phone calls and e-mails from people who are for and against the dispensary. I welcome those calls. I need to know how people feel."
Councilman Ross Turner said he is not taking any position on the issue at this time.
"Although I am probably not it favor. I will wait until I receive more information on the subject," he said.
Councilman John Leach said he also was waiting to receive more information and education before making a decision.
"I don't really want this downtown. I'm concerned it could bring a lot of trouble downtown," Leach said.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Corning Observer
Author: Julie R. Johnson
Contact: Corning Observer
Copyright: 2009 Freedom Communications
Website: Pot Shop Opens Cannabis Of Worms
The controversy started when Ken and Kathy Prather, and Jason Labonte applied for a business license for their medicinal marijuana dispensary, Tehama Herbal Collective, located at 1317 Solano St.
The application was denied by City Planner John Stoufer.
"I denied the license on the basis a medical marijuana collective/dispensary is not listed as permitted use within city zoning ordinances," Stoufer said.
According to the Prathers, they are well within their rights to open the business and feel Stoufer made an incorrect decision in denying the license.
On Sunday the Prathers and Labonte went ahead and opened their business following the advise of their attorney, Eric A. Berg.
Two days later, the debate spilled into the City Council meeting when the council discussed and adopted an urgency measure prohibiting medical marijuana dispensaries, collectives or cooperatives in the city for a 45-day period. The ordinance took affect immediately upon the unanimous vote.
On Thursday Corning police Chief Tony Cardenas and one of his officers presented the Prathers with a city document stating that since the Prathers are continuing to keep their business open they are in violation of a city ordinance and "are hereby ordered to immediately discontinue the operation of a medical marijuana collective."
The document, signed by Stoufer, explains if the business is not closed and the Prathers are found guilty of the infraction they could be fined.
"I recieved the city document and told the city they are from this point on to refer all correspondance directly to my attorney," Ken Prather said. The business continues to remain open.
Stoufer told the council city staff has been in the process of preparing a draft ordinance to regulate the cultivation and possession of marijuana in order to protect the public safety, health, and welfare of the citizens of Corning, and to prevent the cultivation or distribution of medical marijuana in violation of the state's medicinal marijuana laws.
The decision was not met without an outcry of opposition.
Ken Prather told the council he didn't understand why the city denied issuing a license as they had produced all of the required paperwork to open a business.
"You are liable and I will take civil action if you continue to deny us our rights," Prather said. "We don't want to be this way, or do that, but we will. I think you are way out of line and I'm going to pursue this."
According to the Prathers, the required documents they have in their possession to run the business include being incorporated with the state as a nonprofit organization, registered with the state board of equalization, and filed with the federal employment agency for federal employee identification numbers.
City Manager Steve Kimbrough said he knows the city's position is legal and correct.
As for the dispensary staying open without a use permit, Stoufer said the city is consulting with legal counsel to take steps to deal with the business until the City Council makes its final decision.
"Things need to be done legally and if done illegally we need to address it," Cardenas said Friday.
Becky Brudun of Corning admitted she was a medicinal marijuana user and said she had to go all the way to Berkeley to buy her marijuana. There are medicinal marijuana collective/dispensary in Anderson and Redding.
"You think we are low-life pot smokers, but that's not how it is," she said.
Councilwoman Toni Parkins responded, "Don't put words in our mouths, Becky."
"It's coming whether you like it or not," Brudun countered.
A woman who identifid herself as "Zoe," said, "I've been a clown for 45 years working with children and I've been smoking pot for 50 years. Cannabis does help people who can't take pills. This is legitimate, you can't push us under the rug."
Mayor Gary Strack asked the Prathers if the business would provide revenue to the city.
Ken Prather said the business was a nonprofit and would be paying taxes to the city.
Councilwoman Becky Hill made a motion the city provide the dispensary/collective with a temporary license.
"Issue it while we study this issue and the staff can watch and see what's going on at the dispensary," Hill said.
That was not well received by all.
"This is our downtown we are talking about," Sandy Powell of Corning said.
The motion died from a lack of a second.
Following the urgency measure vote, the council directed city staff to work as quickly as possible to provide the necessary documents and information to educated them on the laws, rules and regulations concerning medical marijuana, and to schedule a special meeting if necessary.
The council also plans to hold a joint meeting with the city's Planning Commission to discuss the issue. A tentative date and time for that meeting is 6:30 p.m., Aug. 25, according to Stoufer.
"We didn't shut you down. I'm going to push it to get it through," Hill told the Prathers outside the meeting.
She told them they needed to educate the rest of the council as they had already educated her on the importance of having a medicinal marijuana dispensary/collection in the community.
Hill said in an interview that members of the community who use marijuana for the right reason but can't leave town to get it legally have to get it illegally.
"It's a necessary evil," Hill said. "I know I will receive phone calls and e-mails from people who are for and against the dispensary. I welcome those calls. I need to know how people feel."
Councilman Ross Turner said he is not taking any position on the issue at this time.
"Although I am probably not it favor. I will wait until I receive more information on the subject," he said.
Councilman John Leach said he also was waiting to receive more information and education before making a decision.
"I don't really want this downtown. I'm concerned it could bring a lot of trouble downtown," Leach said.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Corning Observer
Author: Julie R. Johnson
Contact: Corning Observer
Copyright: 2009 Freedom Communications
Website: Pot Shop Opens Cannabis Of Worms
