Pubdate: Tue, 05 Dec 2006
Source: Tri-Valley Herald  (Pleasanton, CA)
Copyright: 2006 ANG Newspapers
Contact:  http://www.insidebayarea.com/trivalleyherald
Details: http://www.mapinc.org/media/742
Author: Mike Martinez, Staff Writer
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

TRACY POT CLUB VOWS TO STAY PUT

Cannabis Dispensary Accuses City of Infringing on Constitutional Rights

TRACY -- The medical marijuana dispensary, which was ordered to close 
by the city of Tracy, has filed a request for an administrative 
hearing and vowed to continue operating.

Oakland attorney James Anthony said the Valley Wellness Center is a 
legal medical cannabis collective and would remain open under the 
threat of fines and citations.

"It causes no harm, and it provides a beneficial community service on 
a nonprofit basis," Anthony wrote in an e-mail. "The city's legal 
position -- that anything not explicitly permitted is therefore 
prohibited -- is dubious and infringes on constitutionally protected 
property rights."

Although nothing in the city code specifically bans medical marijuana 
dispensaries, there's also no specific code that allows for it. Last 
month, the collective was ordered by city code enforcement officers 
to "discontinue the nonlisted use of distributing medical marijuana" 
in Tracy by today.

City officials contend the group misrepresented themselves on their 
business license, saying their activity would be "retail sales 
conducted by a nonprofit corporation."

"It would have surprised me not to (file an appeal), but it doesn't 
surprise me," Bill Sartor, Tracy's assistant city attorney, said. 
"We'll schedule a hearing and go from there." Sartor maintained his 
position that the sale of medical marijuana isn't a listed use under 
the city code. He said the store front never should have opened and 
the city would prefer they shut down because they are out of compliance.

In 1996, California voters passed Proposition 215 -- the 
Compassionate Use Act -- providing the seriously ill with the right 
to obtain and use marijuana for medical purposes.

The San Joaquin County District Attorney's office interprets the 
retail sale of marijuana, even those who have a doctor's 
recommendation, as illegal. 
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MAP posted-by: Richard Lake