Pubdate: Thu, 15 Jul 2010
Source: Times-Herald, The (Vallejo, CA)
Copyright: 2010 The Times-Herald
Contact:  http://www.timesheraldonline.com/
Details: http://www.mapinc.org/media/993
Author: Jessica A. York

STAN THE MAN'S MARIJUANA DISPENSARY TO REMAIN OPEN A BIT LONGER IN VALLEJO

A Solano County Superior Court judge Wednesday refused to temporarily
shut down a Vallejo medical marijuana dispensary operating since the
fall.

Judge Ramona Garrett, before a packed courtroom, said she did not find
"sufficient urgency" to close Stan the Man's Collective for the 14-day
restraining order period.

She did, however, indicate that after a preliminary injunction
hearing, the city had a "strong likelihood" of prevailing.

Vallejo is suing to close the Warren Avenue marijuana dispensary for
operating outside zoning codes.

While the city does not ban marijuana dispensaries, it also does not
specifically permit them, either. Deputy City Attorney Alan argued in
a court filing that business operations are limited to those included
in city zoning codes.

The preliminary injunction hearing, set for July 29, would call for
the dispensary to shut down while the court decides the issue. To
avoid a preliminary injunction, defense attorneys must show "grave
harm" would result if the dispensary closed. Attorney Scott Candell,
representing Stan the Man, indicated that a courtroom full of
dispensary patients, such as those present Wednesday, could testify to
that effect, if needed.

Cohen was optimistic after Wednesday's court hearing, despite failure
to win a temporary restraining order.

"I'm encouraged (by) the fact that the judge took the unusual step of
indicating that there was a significant likelihood that the city would
prevail on its preliminary injunction," Cohen said. "It only got
kicked out two weeks. ... I think that's a good indication that we're
going to prevail ultimately."

Stanley Eby, the 97-year-old namesake and principal owner of the
dispensary, pleaded with the Vallejo City Council on Tuesday night to
issue Stan the Man a medical marijuana dispensary business license.

"I didn't open it for the money," said Eby of the dispensary, adding
that he needed marijuana to get to sleep each night. "I'm interested
in getting marijuana to the people who need it."

Eby was named in the lawsuit, in addition to property owner Mike
Bakkar, who was not present for Wednesday's hearing.

The dispensary has been operating for the past nine months, after
receiving a business license to sell organic natural herbs and
vitamins. In December, a visiting Vallejo police officer discovered
marijuana plants growing at the site. The business license has not
since been revoked, Cohen said, because it is "incidental" to the
larger issue. 
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