Pubdate: Wed, 18 Oct 2006
Source: Pasadena Star-News, The (CA)
Copyright: 2006 Pasadena Star News
Contact:  http://www.pasadenastarnews.com/
Details: http://www.mapinc.org/media/728
Author: Fred Ortega

MEDICAL MARIJUANA STORES LOSE CITY LICENSE

COVINA - The City Council has revoked the business  licenses of three 
shops selling medical marijuana in  the city, the latest move against 
such establishments  in the San Gabriel Valley.

Several cities in the Valley - including El Monte,  Monterey Park and 
Monrovia - have passed temporary  moratoriums against the 
establishment of medical  marijuana shops, also called cannabis 
dispensaries.  Pasadena recently instituted a permanent ban against 
such businesses.

But the Covina City Council's unanimous action Tuesday  night was the 
first time a Valley city has taken away a  license from an existing 
pot store. The Los Angeles  County Board of Supervisors tried to shut 
down a  cannabis dispensary operating in Hacienda Heights, but  a 
judge later shot down the board's decision.

The three dispensaries in Covina - United Caregivers  Group Inc. on 
Second Avenue and So Cal Consultants and  Legal Ease Inc., on Arrow 
Highway - had each received  licenses to operate retail businesses in 
the city.  Legal Ease had received its license in January and  United 
Caregivers and So Cal Consultants had been  operating since July and 
June, respectively.

But the business operators were not up front with the  city when they 
applied for their business licenses, said Bobbi Kemp, Covina's public 
information supervisor.

"They signed under penalty of perjury that they would  uphold all 
local, state or federal laws," Kemp said.  "The bottom line is that 
they promised to do that, and  they didn't."

The owners of Legal Ease and So Cal Consultants could  not be reached 
for comment. But Shawn Tabibian, a  lawyer representing United 
Caregivers, said the city  should have been well aware of what his 
clients were  applying for when they granted the license.

"My clients were operating well within the law, and it  is 
unfortunate that they are coming out and revoking  their license at 
this point," Tabibian said. "They are  providing safe access to 
patients with valid recommendations from their physicians, and they 
are  doing this pursuant to state law."

The business license application for United Caregivers  stated the 
shop would be a "prescription only, herbal  only" business, according 
to city records. The other  two dispensaries stated they would 
"educate and assist"  patients who qualify for medical marijuana use 
under  state law.

The U.S. Supreme Court ruled in July 2005 that federal  authorities 
can prosecute growers, sellers and those  who use marijuana, even 
with a doctor's recommendation.

But that decision is in direct conflict with several  state laws that 
allow people with certain illnesses to  use marijuana for medicinal purposes.

City officials found out about the establishments in  September. 
Visits by Covina police revealed marijuana  being sold behind glass 
cases, as well as food products  containing marijuana such as 
brownies. Employees said  all customers had to present California 
identification,  as well as a doctor's prescription or 
recommendation, before being allowed to purchase any drugs.

The city has to ensure that Covina businesses do not  operate outside 
the law, Kemp said.

The council's decision means at least one of the  dispensaries - 
United Caregivers - will stop operating  in the city immediately, 
Tabibian said.

"My clients have no intention of operating without a  valid business 
license," said Tabibian, adding that his  clients haven't decided if 
they will challenge the  council's decision in court. "They are 
making the city  of Covina an unsafe place, where patients will have 
to  go to other, illegal sources, to acquire their  dosages."
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MAP posted-by: Elaine