Pubdate: Fri, 27 Aug 2010
Source: Red Bluff Daily News (CA)
Copyright: 2010 Red Bluff Daily News
Author: Julie Zeeb


CORNING - Ken Prather of Tehama Herbal Collective, Inc. has requested
the city stop all action against the collective and repeal interim
ordinance 637, which bans medical marijuana dispensaries, collectives
and cooperatives from operating within city limits.

Prather said his request was based on the fact that an Anaheim court
decision ruled California Medical Marijuana laws preempt federal
marijuana laws within the state.

I again ask you, the City Council, to dissolve interim ordinance 637
effective immediately and stop all action against the collective
association known as THC, Incorporated, Prather said.

City Attorney Mike Fitzpatrick said he disagrees with Prather's
interpretation of the impact of the Anaheim v. Qualified Patients case.

I won't go into it tonight, but I recommend against repealing the
interim ordinance, Fitzpatrick said.

Fitzpatrick said a local judge had already ruled on the matter of the
ordinance, saying the city was within its rights and that the idea of
federal law preempting state law was only one of many reasons Corning
has given for its ban.

The ordinance was adopted pursuant to California Government Code 65858
and there is no reference in any action the council took in adopting
or extending the ordinance, that references federal law, said City
Planning Director John Stoufer.

Tehama County Superior Court Judge Richard Scheuler ruled the court
found nothing to suggest that a marijuana collective could open its
doors anywhere in the city of Corning whether the zoning laws are
constitutionally valid or invalid ordinance.

Scheuler said the court found the city's interpretation of its zoning
laws to be correct.

Mayor Gary Strack said that any discussion at the Sept. 14 meeting
during a closed session would have no bearing on what happened at the
next court date for the citations, which is scheduled for Sept. 15.

The city is not citing THC, Inc. for violations of interim ordinance
637, Stoufer said. We are citing them for violating previously
established zoning regulations within the Corning Municipal Code.

The city began issuing citations in January and to date has issued 226
citations, which, if THC remains open every day until Sept. 14, will
total 245, Stoufer said.

The first citation imposed a $50 fine, the second $100 and $250 for
every violation following.

At 243 violations, the total would be $60,750, Stoufer

The Corning City Council, which meets the second and fourth Tuesdays
of the month at City Hall, 794 Third St., will next meet Sept. 14 with
a closed session at 6:30 p.m. followed by the regular meeting at 7:30
p.m. Meeting minutes and agendas are available at .
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