Pubdate: Fri, 04 Dec 2009
Source: Record Searchlight (Redding, CA)
Copyright: 2009 Record Searchlight
Contact:  http://www.redding.com/
Details: http://www.mapinc.org/media/360
Author: Janet O'Neill
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

TEHAMA COUNTY POT COLLECTIVE REMAINS SHUT DOWN

RED BLUFF - District Attorney Gregg Cohen's request for  a
court-ordered shutdown of the only medical marijuana  collective in
Tehama County's jurisdiction may be  dropped, but Red Bluff Patient
Collective - at least  for the moment - remains closed.

"We are pleased to announce we have tentatively reached  an
agreement," assistant county counsel Arthur Wylene,  serving as a
deputy district attorney in the matter,  told Superior Court Judge
John Garaventa on Thursday.

Cohen, who appeared in court with Wylene, sought a  temporary
injunction - a civil action - after Dawn and  Mike Jenkins refused to
close their Antelope Boulevard  collective, he said.

But after consulting Redding attorney Keith Cope, the  couple agreed
to stop operating pending further court  proceedings. Garaventa
continued the matter until Dec.  15, when attorneys expect to propose
a stipulated  judgment "that we won't go to the extent of having a
court-ordered injunction," Cohen said.

After Thursday's proceedings, Cope said he'd met with  county lawyers
on Monday for more than two hours.

"At the county's invitation, the Jenkinses feel that  the best
approach for all concerned is to work with the  county on a long-term
basis to promote appropriate  regulations to best serve medical
marijuana patients in  the future," Cope said. "They are here to stay."

Cohen sees it differently.

"They agreed today that they're going to remain shut  down," he said
by telephone on Thursday afternoon. "We  just want the sales of
marijuana at that location to be  stopped."

Cope credited the Board of Supervisors with its efforts  so far to
draft an ordinance that regulates medical  marijuana collectives. Just
last week, the board and  other county officials met for more than two
hours to  discuss the options.

"It's the job of any municipality to filter the drug  dealers" from
those who are legitimately serving the  needs of the public, Cope said.

Also Dec. 15, the Jenkinses will be arraigned on 70  misdemeanor
counts stemming from near-daily citations  issued by Sheriff Clay
Parker beginning Oct. 15. Those  citations allege violations of the
county's medical  marijuana dispensary moratorium, adopted Sept. 15,
and  the zoning code.

"Our office's main interest was to ensure the county's  ordinance was
upheld," Cohen said.

But the couple maintain they were operating before the
moratorium.

"That is a factual issue that we will contest," Cope  said. 
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MAP posted-by: Jo-D