Pubdate: Thu, 30 Oct 2014
Source: San Diego Union Tribune (CA)
Copyright: 2014 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: Edward Sifuentes

CONTROVERSIAL POT SHOP IN OCEANSIDE TO CLOSE

Nature's Leaf Collective in Oceanside Agrees to Shut Doors by Friday 
After More Than a Year of Fighting Against City

Oceanside - A medical marijuana dispensary that Oceanside has been 
trying to shut down for more than a year finally agreed to close this 
week, city officials said.

The Nature's Leaf Collective on Vista Way opened early last year 
without a permit. It later applied for a permit but was denied 
because the city's zoning regulations don't list marijuana 
dispensaries as an approved use and are therefore not allowed, officials said.

In a rare show of unanimity, the City Council stood firm against the 
shop and ordered it closed.

"I hope it sends the message to others that if you are going to open 
(a marijuana dispensary), we are going to go after you," said 
Councilman Jerry Kern.

The city filed a lawsuit against the shop last year and won a court 
order in April to close it down. That order was stayed until August 
while the shop unsuccessfully tried to obtain a permit.

City Attorney John Mullen said this week that the owner of the shop, 
George Sadler, agreed to close by Friday after a judge denied a 
petition to keep the shop open while the case makes its way through the courts.

Sadler could not be reached for comment Tuesday.

Mullen said the case was unusual because most medical marijuana shops 
agree to close when the city approaches them. Nature's Leaf used 
several legal maneuvers in an attempt to remain open, including 
filing a lawsuit against the city earlier this year.

The shop has now agreed to drop that suit, Mullen said.

Nature's Leaf won a minor victory in May, when the city's Planning 
Commission sided with the shop and recommended that the council 
change its rules to allow medical marijuana dispensaries.

A narrow 3-2 majority on the commission said residents who need 
marijuana for medical purposes should have a safe place in the city 
to get it. The council unanimously voted in June to deny the zoning change.

The city's planning staff had recommended that the commission deny 
the request, saying the Oceanside Police Department considers the 
dispensaries a public safety hazard. California allows the use of 
medical marijuana under Proposition 215, an initiative approved by 
voters in 1996, but the drug remains illegal under federal law.

Last year, San Diego approved a controversial city ordinance to allow 
and regulate a limited number of marijuana dispensaries. Earlier this 
month, the city gave tentative approval for one shop to open in Otay Mesa.

But most North County cities, including Oceanside, have stood fast 
against the shops.

Kern said the city has a right to regulate land uses and deny 
unwanted establishments. He added that medical marijuana sends mixed 
messages to the city's youths.

"I'm really concerned that we're telling our youth, 'Oh, it's OK,' " 
he said. "Well, it's not OK."
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MAP posted-by: Jay Bergstrom