URL: http://www.mapinc.org/drugnews/v10/n601/a10.html
Source: Ventura County Reporter (CA)
Author: Shane Cohn
MEDICAL MARIJUANA SUPPORTERS DETERMINED TO OPEN COLLECTIVE IN VENTURA
Backers Say The City Is In Violation Of State Law
On July 12, the city of Ventura voted against medical marijuana cooperatives being allowed to operate in the city. But on Friday, July 23, the city received an 83-page business plan from Medi-Kal Cooperative, stating its plans to open such a business on Sept. 15 on Thompson Boulevard in Downtown Ventura.
City Manager Rick Cole said that the plan seeks to defy the city's moratorium on medical marijuana businesses.
"They sent us a business plan showing they intend to make $5 million a year with 43 percent gross profit," said City Manager Rick Cole. "It simply would be in violation of our zoning law, and we'll make it clear that won't be tolerated."
But Medi-Kal believes that the city is in violation of state law and still has its eyes set on opening.
"It is not our intention to defy, but to, in fact, help the city and county of Ventura to more clearly understand compliance as it relates to the law voted in by the citizens of the state and county," said Sergio Berga, who is planning to open Medi-Kal. "There is case law to support our position that clearly states that our local and state government should have set up guidelines and access to medical cannabis more than 12 years ago .... Somehow, the administration of this county believes it doesn't have to operate under state law."
If the city interferes with the opening of Medi-Kal, William McPike, Medi-Kal's attorney, said that there would be litigation for not providing zoning rights to a nonprofit collective. Yet, despite the moratorium outlawing collectives in the city, Medi-Kal is willing to wage legal battle, even if it is the taxpayers who would foot the bill for the city's potential legal expenses.
"There is a clear lack of responsibility for the potential legal actions that could arise, costing the citizens directly," said Berga. "This even more so than the clear disregard this county already has for its seriously ill."
Opponents of the medical marijuana moratorium have accused the city of obstructing the state's Compassionate Use Act, approved by California voters in 1996, to "ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician."
McPike referenced a major case from the city of Anaheim in which the California 4th District Court of Appeal will decide next month whether municipalities can legally prohibit medical marijuana cooperatives within their borders. The case has taken nearly one year to decide, and the decision will have long-reaching impacts on cities with existing moratoriums on marijuana collectives.
But for now, Cole insists there will be no collective operating in Ventura any time soon.
"We told them they shouldn't go forward with it," said Cole "They're not going to get any business license for any legal business, so I'm not sure how they're going to operate."
Source: Ventura County Reporter (CA)
Author: Shane Cohn
MEDICAL MARIJUANA SUPPORTERS DETERMINED TO OPEN COLLECTIVE IN VENTURA
Backers Say The City Is In Violation Of State Law
On July 12, the city of Ventura voted against medical marijuana cooperatives being allowed to operate in the city. But on Friday, July 23, the city received an 83-page business plan from Medi-Kal Cooperative, stating its plans to open such a business on Sept. 15 on Thompson Boulevard in Downtown Ventura.
City Manager Rick Cole said that the plan seeks to defy the city's moratorium on medical marijuana businesses.
"They sent us a business plan showing they intend to make $5 million a year with 43 percent gross profit," said City Manager Rick Cole. "It simply would be in violation of our zoning law, and we'll make it clear that won't be tolerated."
But Medi-Kal believes that the city is in violation of state law and still has its eyes set on opening.
"It is not our intention to defy, but to, in fact, help the city and county of Ventura to more clearly understand compliance as it relates to the law voted in by the citizens of the state and county," said Sergio Berga, who is planning to open Medi-Kal. "There is case law to support our position that clearly states that our local and state government should have set up guidelines and access to medical cannabis more than 12 years ago .... Somehow, the administration of this county believes it doesn't have to operate under state law."
If the city interferes with the opening of Medi-Kal, William McPike, Medi-Kal's attorney, said that there would be litigation for not providing zoning rights to a nonprofit collective. Yet, despite the moratorium outlawing collectives in the city, Medi-Kal is willing to wage legal battle, even if it is the taxpayers who would foot the bill for the city's potential legal expenses.
"There is a clear lack of responsibility for the potential legal actions that could arise, costing the citizens directly," said Berga. "This even more so than the clear disregard this county already has for its seriously ill."
Opponents of the medical marijuana moratorium have accused the city of obstructing the state's Compassionate Use Act, approved by California voters in 1996, to "ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician."
McPike referenced a major case from the city of Anaheim in which the California 4th District Court of Appeal will decide next month whether municipalities can legally prohibit medical marijuana cooperatives within their borders. The case has taken nearly one year to decide, and the decision will have long-reaching impacts on cities with existing moratoriums on marijuana collectives.
But for now, Cole insists there will be no collective operating in Ventura any time soon.
"We told them they shouldn't go forward with it," said Cole "They're not going to get any business license for any legal business, so I'm not sure how they're going to operate."
