Pubdate: Tue, 24 Aug 2010
Source: Contra Costa Times (CA)
Copyright: 2010 Bay Area News Group
Contact:  http://www.contracostatimes.com/
Details: http://www.mapinc.org/media/96
Author: Paul Thissen

STOP SELLING MEDICAL POT, CONCORD TELLS BUSINESS

CONCORD -- City officials have told a new medical marijuana 
dispensary to quit providing pot, saying the existence of the 
business violates a city ban, and that its owners misrepresented 
themselves on their business license application.

Herbal Essence, at 5065 Clayton Road, has 10 days to prove that it is 
not providing medical marijuana or face a lawsuit, according to a 
"cease and desist" letter sent by City Attorney Craig Labadie.

City officials would also ask a judge for an immediate injunction to 
close the dispensary if marijuana continues to be provided, the letter says.

Labadie said Wednesday that the letter -- sent late Tuesday afternoon 
- -- had likely not yet arrived at the dispensary. He said he hopes to 
meet with Herbal Essence's operators early next week.

Herbal Essence listed itself as a "Holistic Healing Services" 
business on its application for a business license and cannot provide 
marijuana, the letter says. Medical marijuana dispensaries are banned 
in Concord's city code.

Citywide bans such as Concord's have been challenged in court; a case 
challenging Anaheim's ban is still pending. Labadie's letter notes 
that Concord's ban survived a court challenge in 2005.

Devlyn Sewell, 51, of Concord, said the dispensary should be allowed 
to stay open. She said she uses marijuana to calm muscle spasms she 
still experiences nine years after a stroke, and was glad to see a 
dispensary open less than a mile from her house.

"If I have two medical doctors here in Concord that say this is what 
I should be doing, can't I do it in my own community?" Sewell said. 
"How does a longtime resident get their medication? What are my options?"

Although she is able to drive, going to a dispensary in Richmond or 
Berkeley can be "scary," she said, and the stress of getting there 
makes her muscle problems worse. And others with medical conditions 
may not be able to drive, she said.

In contrast, Herbal Essence "was very warm and inviting," she said. 
The business also offers chair massages and natural foods, she said.

Operators of the business were not available for comment.

Sewell said she had spoken Wednesday with employees of the business, 
who said it did not have "people in place" to make a formal statement.

"They do want to try to accommodate the city and try to find a way to 
find some common ground so they can have an above-board dispensary at 
some point," Sewell said.
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MAP posted-by: Keith Brilhart