Pubdate: Fri, 27 Jul 2012
Source: San Diego Union Tribune (CA)
Copyright: 2012 Union-Tribune Publishing Co.
Contact:  http://www.utsandiego.com/
Details: http://www.mapinc.org/media/386
Note: Seldom prints LTEs from outside it's circulation area.
Author: Nathan Scharn

JUDGE ALLOWS VISTA POT SHOP PROSECUTIONS TO PROCEED

VISTA -- A Superior Court judge on Friday allowed Vista's prosecution 
of a medical marijuana dispensary to proceed, ruling against a 
request from North County Botanicals, Inc. to stop the case.

Vista has initiated lawsuits against a slew of pot shops, which the 
City Council has made clear are unwelcome in town.

Vista code blocks dispensaries by listing land uses that are allowed. 
Medical marijuana dispensaries are not on the list, so they can't get 
a business license.

Judge Jacqueline M. Stern denied North County Botanicals' argument 
that the case should be stricken because Vista violated state law by 
prohibiting the dispensaries.

Vista officials were pleased with the outcome.

"It's a step in the right direction, the case will move forward," 
said Martin Grover, Vista assistant city attorney. "The City Council 
has made a decision that they don't want to have marijuana 
dispensaries located in the city because of the potential secondary effects."

Those secondary effects could include unapproved people getting ahold 
of the medical cannabis, the city argues.

"The sole purpose of (North County Botanicals) is to provide 
medication for patients who mitigate their conditions and/or symptoms 
using cannabis rather than with other more dangerous drugs like 
Vicodin or OxyContin," Matthew Pappas, the organization's attorney, 
wrote in a motion. "Members include cancer patients undergoing 
chemotherapy as well as patients with a variety of medical conditions 
or disabilities. ... The City's zoning law and the zone at issue here 
was not established considering the needs of the patients and 
discriminates against them."

Vista's brief said the zoning and business license regulations 
applied to everyone, and did not discriminate against anyone specifically.

"The courts have been pretty clear that the cities have the ability 
to provide local control (and) land use controls," Grover said. "In 
this case, no business license was obtained."

Court records show the city filed a lawsuit in March and has sued 
several other dispensaries this year.

Cities throughout California have grappled with how to deal with 
medical marijuana dispensaries, as the question of their legality is 
in limbo pending decisions by the state Supreme Court.

California voters in 1996 approved medicinal use of marijuana, but 
federal law says all pot is illegal.

Medical marijuana advocates have argued in numerous cities that 
municipal restrictions on dispensaries violate California law.

Voters in several San Diego County cities, including Del Mar, Solana 
Beach and Imperial Beach, will vote in November whether to allow dispensaries.
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MAP posted-by: Keith Brilhart