Pubdate: Sun, 06 Jun 2010 Source: Whittier Daily News (CA) Copyright: 2010 Los Angeles Newspaper Group Contact: http://www.whittierdailynews.com/writealetter Website: http://www.whittierdailynews.com/ Details: http://www.mapinc.org/media/497 Author: Mike Sprague WHITTIER RESIDENTS AREN'T GIVING UP ON DREAM OF OPENING MEDICAL MARIJUANA DISPENSARY SOUTH WHITTIER - Two brothers and a cousin who were forced to shut down their medical marijuana dispensary last week, say they aren't giving up on their plans. The dispensary, 3P Wellness Center, 11331 La Mirada Blvd., in unincorporated South Whittier, had been open only a month when brothers Victor, 34, and Steven Munoz, 22, of Whittier and their cousin, Alex Hernandez, 34, of Pomona voluntarily shut it down after Los Angeles County officials told them they didn't have the necessary permits. But the dream isn't dead, they say. "We will be open," predicted Victor Munoz. "It might not be here but we will be open some place." Still, making this happen won't be easy. They need a partner to come up with money to negotiate their way through a county system that has yet to issue a conditional-use permit for a dispensary since the ordinance was approved in 2006. The three already have spent about $50,000 to obtain nonprofit status and renovate the space they were in. It was Victor Munoz's idea to open a medical marijuana dispensary, in part because of his brother's illness. Steven Munoz was diagnosed with lupus in April 2009. Lupus is a chronic, autoimmune disease that can damage any part of the body. Munoz said he has severe pains in his joints and sometimes can't even make a fist. Then, he discovered medical marijuana last summer. "Once I smoked it, it totally relaxed my muscles and I was able to open my hand up," he said. "My knees weren't locking up and I was able to go to bed pain free." Still, Steven Munoz had medical bills and couldn't get health insurance. As a result, Victor Munoz, who had been in real estate with his brother and cousin, decided it was time to open a new business in which they could get health insurance. "One day we were talking about medical marijuana and I said, `Why not open up a dispensary."' However, they were never open long enough to get health insurance. Victor Munoz, who has attention deficit disorder, said he has smoked medical marijuana to help with the situation and had some ideas from being in different dispensaries. In December 2009 they began the process, first creating a nonprofit corporation, Maya Management Corp., leasing space and then opened on April 17. But the group didn't want their dispensary to be the same as others. "We didn't want to look like a head shop," Victor Munoz said. "We weren't going to carry bongs, pipes or things like that." They also created a space where a group could meet to talk about their medical issues. "There would be no smoking or meditation, just conversation," Victor Munoz said. However, they never obtained a permit from the county. "We contacted the county on numerous occasions but they don't issue (permits)," he said. "Sure you can file," he said. "It will cost thousands of dollars and nobody gets it. At the end of the conversation they tell you nobody has successfully obtained a permit." The county hasn't issued any permits, although the Regional Planning Commission denied an application for a dispensary near Los Angeles International Airport. In addition, there are two applications currently in the system. Munoz said when he first talked to county planning officials they told him his location was legal in that it was in a commercial zone and not within 1,000 feet of what are described as "sensitive uses," such as schools, playgrounds, parks, libraries, places of religious worship, child-care facilities and youth facilities. But later he found there was a home day care center behind them in the residential neighborhood. "If it was across the street, I'd say (the county) was right," he said. "We're talking about having to jump over a bunch of fences to get to the house." Sonia Alexania, deputy director for the current planning division for the county Regional Planning Department, denies that the county is trying to discourage applicants. "If someone is interested, we can counsel them. We work with the applicant and give them advice and counseling," Alexania said. However, the county doesn't have a map showing locations that are available. Instead, a physical inspection has to be done once you apply. The fee for a conditional-use permit is $5,000. No study was done because the county is too large, said Karen Simmons, section head of the Ordinance Study Section of the county Regional Planning Department. Still, an applicant whose dispensary would be within the 1,000-foot area can apply for a variance, Alexania said. For the two brothers and the cousin, they still have a lease for their site and their dream. "We're looking for a partner who can pick up the rest of the expenses," Victor Munoz said. - --- MAP posted-by: Keith Brilhart