California, Norco

[palmspringsbum]

Norco cracks down on pot

Andrea Bennett, Staff Writer
Article Launched:10/11/2006 12:00:00 AM PDT
The Daily Bulletin

After discussing the issue with Corona -- which is battling one such business in court -- and learning of the county Board of Supervisors' Sept. 26 ban of such establishments in unincorporated areas, Norco decided it was time to take a stand on medical marijuana.

"Our senior planner had a recent discussion with the planner in Corona, and they said `You guys would be smart to do a moratorium until the legal issues are settled,' " said Jim Daniels, Norco community development director.

"We thought it was the prudent thing to do. It seems really simple, but it can get really complicated."

While state voters passed Compassionate Use Act of 1996, which allows marijuana use for medical purposes, and the Legislature passed the Medical Marijuana Program Act of 2004, which sketched guidelines for patients and caregivers, the federal government still says marijuana is illegal.

Second District Supervisor John Tavaglione said the dispensaries and cooperatives that began cropping up around Riverside County presented a few dilemmas for county officials.

"Our big concern is that these dispensaries are likely to cause illegal activities. That's been found in other jurisdictions in the state," Tavaglione said. "Then there's the conflict between state and federal law. So we opted to take the side of the federal government."

Riverside County joined San Bernardino and San Diego counties in a lawsuit against the state for creating the quagmire in the first place.

Norco is using the 45 days, which can be extended up to 2 years, to study the issue, watch the courts, and determine how such establishments would be zoned and what conditions they would be subject to, if allowed at all, said City Attorney John Harper.

"It's not an issue addressed in the city Municipal Code. No city's really developed standards to hold these places to," Harper said. "One of the difficulties is -- under federal law, they are unlawful, and if the city allows them, it puts federal funds at risk."

As the federal and state governments battle it out, many municipalities are finding themselves forced to navigate the legal gray area alone.

Pomona adopted a 45-day moratorium on such establishments in April, only to learn one already existed in town -- Farm Assist Caregivers.

"We're still researching the issue," said Pomona Planning Manager Matt Bassi. "We're waiting to see what the outcome is of court litigation going on now. We're researching other cities out there that allow for them and the operational standards they have in place to see if it's good enough to use here."

Bassi said Farm Assist Caregivers has applied for an exception to the moratorium, which is scheduled to be heard Nov. 20.

In Corona, a somewhat similar instance occurred. The city, which adopted a moratorium on Aug. 2, is trying to get a restraining order on a dispensary called Healing Nations that applied for its business license without disclosing it was a medical marijuana center, said City Manager Beth Grove.

Claremont enacted a moratorium at its Sept. 26 council meeting, only to learn from an audience member that he had already opened and was operating an medical marijuana establishment in town.

So Norco is taking precautions.

"I'm sure Norco wanted to get ahead of the curve," Tavaglione said of the city's Oct. 4 moratorium on such businesses. "They probably realized certain jurisdictions around them prohibit this, and that provides the potential for those dispensaries to start opening in their jurisdiction."

Though city officials say no dispensaries have applied for operation in Norco, the moratorium gives city staff time to analyze the issue and draw up some rules and conditions before their time is up.

"Now there's not enough information to know where to zone it," said Councilman Herb Higgins. "Does it fall into the same area as Jessica's Law? Does it belong in a clinic or hospital? It's not that I'm against the idea, but I want to be fair in where I put it."

While it's too late for cities like Pomona, Corona, and Claremont, cities like Norco are trying to create safeguards before they end up in a legal battle with medical marijuana dispensaries and advocates.

And, as they each step out into this uncharted territory, every city is keeping a close eye on the higher government bodies in court.

"We're waiting to see what happens with the federal-state battle," Harper said. "There are a lot of unanswered questions, so everyone is looking at everyone else."

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Norco ban on sales of medical pot on hiatus

Andrea Bennett, Staff Writer
Article Launched:11/21/2006 11:46:14 PM PST
The Daily Bulletin

NORCO - With the city's 45-day moratorium on marijuana dispensaries now expired, medical marijuana patient advocates are urging city officials to reconsider the issue.

Without any restrictions in place against the facilities at present, director of Inland Empire Patient Advocates Ryan Michaels said dispensaries will begin cropping up within city limits to meet the needs of patients already living in the area.

"I foresee there will be safe access for patients in Norco within five to seven days," said Michaels, who is also a medical marijuana patient. "With no rules or regulations in place, someone can open their doors and be grandfathered in."

While the city works to create a feasible plan for such dispensaries to present to the council at a future date, City Planner Steve King said Norco will likely extend its moratorium on the facilities at the next council meeting Dec. 6.

But until then, Michaels said there is a window of opportunity for dispensaries to open in town.

City Attorney John Harper said it is unlikely anyone will be able to set up shop before the next council meeting.

"They would have to go through a process with a business license and it's not a permitted use inany zone within the city as we speak," Harper said. "At best, they would have to come to the Planning Commission and show that their business is similar to another business that is permitted.

"And that will take a lot longer than Dec. 6," he said.

Harper said the city is taking the time allotted by the moratorium - which will likely be extended to one year - to study potential uses for such facilities and regulations that would apply to them.

California passed the Compassionate Use Act in 1996, which allows marijuana use for medical purposes. In 2004, the Legislature passed the Medical Marijuana Program Act, giving guidelines to patients and caregivers.

However, Riverside and San Bernardino counties and some Inland Empire cities have sided with the federal government on the issue, which deems marijuana unlawful.

On Oct. 4, Norco joined Claremont, Pomona and Corona in temporarily barring such businesses from opening within city limits. Last week, Upland voted to prohibit such facilities.

Judy Thompson, a Corona resident and medical marijuana patient, said she and other patients have become disillusioned with the decisions made by some local city councils.

"I'd just as soon see one open across from the police station," Thompson said. "It's just like going to Sav-on. It's a legitimate business and it's about re-educating society."

Harper said the city would have trouble allowing the dispensaries in town, given the disagreement on the issue between the state and federal government.

"Realistically, I don't know how - under the current conflict of law - that's ever going to happen without putting people in the position of violating federal law," Harper said.

Michaels, who says his organization works with at least 3,000 patients throughout Riverside County - about 25 of whom reside in Norco - said he is determined to get a dispensary up and running in Norco immediately.

"I'm collaborating with several other patients to open a collective in Norco," Michaels said. "It puts an unnecessary burden on patients to have to travel to other cities. It seems reasonable to have safe access in your own city."

Andrea Bennett can be reached at (909) 483-9347 or by e-mail at andrea.bennett@dailybulletin.com.

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Water, marijuana on council agenda

Article Launched:12/06/2006 12:22:13 AM PST
The Daily Bulletin

NORCO - Water rates and medicinal marijuana dispensaries are among issues going before the City Council today at 5:30 p.m.

The owner of Hidden Valley Golf Course also may get approval to prepare a specific plan to build homes on his property.

A Proposition 218 hearing on water rates already approved by the council in March will give ratepayers their legal right to protest.

And a one-year moratorium on medical marijuana dispensaries will be re-enacted just days after an applicant was denied a business license to operate such a facility in the city.

The meeting will be held in the City Council chambers, 2820 Clark Ave. in Norco.

- Andrea Bennett, (909) 483-9347

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Dispensary open despite moratorium

The Daily Bulletin
December 22, 2006

NORCO - City officials learned Wednesday that a medical marijuana dispensary has been operating in town for three weeks, despite Norco's moratorium on such establishments.

Collective Solution, run by a five-person partnership, opened its doors when the city's original 45-day moratorium ended in November. Three weeks passed before the City Council moved to extend it.

City officials have said they don't know where in the city the zoning would allow such a use.

The dispensary has kept a low profile, serving 35 patients in the area. Upon hearing of the facility, however, the city's code enforcement attorney delivered a letter informing Collective Solution that it is in violation of city law and demanding the dispensary cease and desist immediately.

- Andrea Bennett, (909) 483-9347

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Marijuana Outlet Norco Squaring Off

DISPENSARY: The City says it violates land-use ordinances; the owners plan to fight the ruling.

by Laura Rico
The Press-Enterprise
December 29, 2006

<table class=posttable align=right width=300><tr><td class=postcell><img class=postimg src=bin/anderson_ken.jpg></td></tr><tr><td class=postcap>Collective Solution owner Ken Anderson displays a variety of medical marijuana samples at the group's dispensary in Norco.</td></tr></table>NORCO - Owners of a medical marijuana collective here vowed to keep it open despite a legal challenge from the city.

Collective Solution opened Dec. 1 on a stretch of Sixth Street known for veterinary clinics and animal feed stores. Owner Ken Andersen said he and his partners opened the dispensary after a 45-day moratorium on the businesses ended.

"When the moratorium expired, we rented this building, applied for a business license and started signing up patients," Andersen said.

City Manager Jeff Allred said Norco denied Andersen's application for a business license on the grounds that a medical marijuana dispensary violated land-use provisions for the area.

"Basically, they thumbed their noses at the city of Norco and opened it anyway," he said.

The city has since sent the collective a cease-and-desist order.

Andersen and his partners say they hope to work with city officials to keep the collective open in the community.

"We have every intention to address the council in a respectful manner," Andersen said. "We are putting together our presentation to the city."

Andersen said the group has consulted with lawyers who specialize in land-use issues related to medical marijuana.

State and federal laws differ on the legality of the use and distribution of medical marijuana, complicating the issue for local governments.

In October, Riverside County supervisors approved a ban on marijuana dispensaries in unincorporated areas, joining San Bernardino, Merced and San Diego in challenging California's medical marijuana laws.

On Dec. 13 a Riverside County Superior Court ruling granted the city of Corona a preliminary injunction needed to close a medical marijuana dispensary that had opened in the city in May. The collective remains open pending an appeal.

California voters passed Prop. 215 in 1996 to decriminalize the use of marijuana for medicinal purposes.

Andersen and his partners say the collective provides a safe place for ailing patients to obtain medical marijuana.

"The alternative to safe access is to do it the illicit way, that is your back alleys and everything else," Andersen said. "Can you imagine sending your grandma out to who knows where?"

Reach Laura Rico at 951-893-2107 or lrico@PE.com

[palmspringsbum]

Norco: Shut pot shop

<span class=postbold>City files for injunction to close marijuana dispensary</span>

By Andrea Bennett, Staff Writer
Inland Valley Daily Bulletin
Article Launched:01/30/2007 12:00:00 AM PST

NORCO - The city has filed a complaint and a motion for a preliminary injunction against Collective Solution, a medical marijuana dispensary that opened its doors in December.
Bill Litvak, special counsel for the city, said the preliminary injunction will temporarily halt the operation of the facility until the case goes to trial, which can take up to a year.

Collective co-owner Ken Anderson said he received notice of the filing Saturday - the same day Norco gadfly Lois Loocke - also known as "Granny" - led a protest of the dispensary.

The city's most recent action and the disapproval by some residents, however, did not come as a surprise to Anderson.

"It's expected, but it's a shame we have to go through the routine," Anderson said Monday. "We're meeting with our attorney this afternoon, so we're going to get the legal bodies together and go from there."

As the city and Collective Solution prepare for a court battle, similar clashes are continuing elsewhere in the Inland Valley.

Healing Nations in Corona is currently appealing a court ruling against the collective for operating without a business license.

Claremont's request for a temporary injunction against a dispensary, Claremont All-Natural Nutrition Aids Buyers Information Services, is scheduled for Friday at Los Angeles Superior Court in Pomona.

In Pomona, city officials plan to address local collective Farm Assist Caregivers in March, when its moratorium expires.

Litvak said the city's complaint against Collective Solution is based on the facility operating without a business license and within a zone not permitting such use.

The dispensary also has been operating during a citywide moratorium on such facilities, according to Litvak.

The court will likely hear the city's request for a preliminary injunction in early March, Litvak said.

In the two months since it opened, Collective Solution's patient list has grown considerably, Anderson said. One quarter of its 130 patients are Norco residents.

"We have all of our permits, except for a business license, but we're filed for not-for-profit status," Anderson said. "We're operating purely under the state law."

Anderson said he spoke at a Norco Chamber of Commerce meeting last week, where he described how the collective works and argued the legitimacy and value of its operation.

Chamber president Kevin Russell said he and other members at the meeting found some of Anderson's statements convincing.

"He made a point that, 20 years ago, when people had pain, doctors didn't send them to the chiropractor because chiropractors were quacks," Russell said. "This is a similar situation. Twenty years from now, nobody will be talking about this."

Russell said it is unlikely, however, that Collective Solution will be admitted into the chamber because a business license is a prerequisite for membership.

<hr class=postrule>
Staff writer Andrea Bennett can be reached by e-mail at andrea.bennett@dailybulletin.com, or by phone at (909) 483-9347.

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Legal move by Inland town targets medical pot facility

<span class=postbigbold>Town takes action to close dispensary</span>

10:00 PM PST on Tuesday, January 30, 2007

By LAURA RICO
The Press-Enterprise

NORCO - The city has asked a judge to immediately close a medical marijuana dispensary in Old Town.

<table class=posttable align=right width=300><tr><td class=postcell><img class=postimg width=300 src=bin/loock_lois.jpg></td></tr><tr><td class=postcap>Lois Loock, 79, leads a 10-person protest outside Collective Solution, a medical marijuana dispensary in Norco. The city has asked a judge to order the dispensary closed. </td></tr></table>The city's legal counsel contends the dispensary, Collective Solution, operates in the city illegally, and he filed a motion for a preliminary injunction in Riverside County Superior Court last week.

"A marijuana dispensary is inconsistent with the city of Norco's values and those of the community," City Manager Jeff Allred said.

The city's action is the latest legal move by an Inland Empire city against medical marijuana dispensaries.

Cities have cited conflicting state and federal laws as the chief reason they have moved to ban collectives, which came about after California voters approved the Compassionate Use Act of 1996, allowing those with a doctor's recommendation to obtain medicinal marijuana.

A court hearing is set for March 1, in which Norco will await a ruling from the judge on the preliminary injunction, said the city's attorney, William Litvak.

Litvak cited the city's moratorium on medical marijuana dispensaries and the dispensary's lack of proper permits as the main grounds for a preliminary injunction.

Dispensary owner Ken Andersen said he expected the city to take legal action.

"It is easier for them to ban it than deal with it," he said.

Andersen said he hoped the city would work with medical marijuana dispensaries and regulate the businesses.

He said Tuesday that he plans to meet with his attorneys today to discuss possible legal filings. Until the injunction hearing, Andersen plans to continue operating the collective.

Collective Solution opened in early December along a stretch of Sixth Street best known for animal feed stores and horse trails. The marijuana collective treats about 100 patients a week, Andersen said.

While the city is taking a legal step toward shutting down the dispensary, some in the community have taken the issue to the streets.

On Saturday, a handful of protesters stood outside the dispensary, displaying signs with such slogans as "Out drug dealers" and "Prayer not Pot."

Norco resident Lois Loock, 79, led the 10-person protest outside Collective Solution.

Loock is no stranger to protests, having voiced her disapproval of a tattoo parlor operating at the same Sixth Street location, as well as a fortune-teller and The Maverick steakhouse.

One of her signs was even recycled from a Maverick protest, with an anti-marijuana phrase in front, and an anti-biker phrase in the back.

"When something incites me, I'm like a volcano," she said, while sitting in her wheelchair and waving to passing cars.

Others held up signs supporting the dispensary. A young woman stepped out of Collective Solution and placed a sign along the fence, reading "Protesting Sick People is Sick"

Staff writers Melanie Johnson and Steve Fetbrandt contributed to this report.

Reach Laura Rico at 951-893-2107 or lrico@PE.com

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Norco bans pot dispensaries

by Andrea Bennett, Daily Bulletin
September 21st, 2007


NORCO - The City Council voted to ban medical marijuana dispensaries in all city zones on Wednesday night.

The council considered extending its moratorium on such dispensaries for 10 months and 15 days as well as adopt a code amendment to prohibit them anywhere in the city.

An existing moratorium will expire Oct. 4 and an extension would prevent a lapse from occurring before the ban would be enacted.

Councilman Herb Higgins, however, moved to continue that discussion to the council next meeting on Oct.3.

He did so because the vote would have required a four-fifths tally, and only four council members were present on Wednesday night.

Higgins said he would have voted against the measure.

The City Council voted three to one to prohibit dispensaries in all city zones with Higgins dissenting.

It was a blow to local medicinal-marijuana advocates whom have been trying to reopen a dispensary called Collective Solution in the city.

After the meeting, the advocates said the fight was far from over.

- Andrea Bennett, (909) 483-9347

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Norco City Council likely to ratify marijuana dispensary ban


10:48 AM PDT on Friday, September 28, 2007

By SARAH GORDON
The Press-Enterprise

Norco is poised to join several other Inland cities in prohibiting medical marijuana dispensaries within its borders.

The City Council approved the first reading of an ordinance banning the shops on Sept. 19. The vote was 3-1 with Councilman Herb Higgins dissenting and Councilman Hal Clark absent. A second reading of the ordinance is scheduled for Wednesday. If the council approves it then, the ordinance will take effect Nov. 2.

The owners of a Norco dispensary, which a judge ordered to close in March, vowed to fight the ban in court.

Cities around California are struggling with how to address medical marijuana, which was legalized for medicinal use by state voters in 1996 but remains illegal under federal law.

Norco Mayor Harvey Sullivan, who supported the citywide dispensary ban, said the 1996 initiative isn't viable because the state failed to regulate medical marijuana, instead leaving the job to cities.

"I don't believe it's the city's responsibility," he said. Marijuana "is against federal law, and we can't go adopting something that's against federal law."

Sullivan voted in favor of the 1996 ballot measure, but he said he believes the state should set guidelines that protect cities from federal prosecution and allow marijuana to be sold in pharmacies. He said the current dispensary system is open to abuse.

"I think most of our residents feel the same way," he said Wednesday. "They don't have a problem with it if it's distributed properly."

Higgins voted against Norco's ban because the majority of voters in Norco, Riverside County and California approved the 1996 initiative.

"I voted to uphold the proposition measure that the voters in California supported," he said. "What choice did I have as somebody who represented the voters?"

Several Inland cities, including Indio, Palm Desert and Corona, have moratoriums or bans on marijuana dispensaries.

Norco's only dispensary, Collective Solutions, opened in December 2006 and was closed a few months later when a Riverside County Superior Court judge granted a preliminary injunction against the shop.

The city went after the Sixth Street dispensary on the grounds that it had no license and violated zoning laws.

Chris Yap, one of the dispensary's owners, said he's frustrated because he's willing to give the city whatever oversight it wants if he can open a dispensary to help sick people.

"I'd open a trailer right there at police headquarters," he said.

He'll continue to fight the issue in Norco, he said, adding, "Legal action is definitely coming."

The council also will decide Wednesday whether to extend a moratorium on medical marijuana dispensaries that otherwise will expire that day, said James Daniels, Norco's community development director.

John Harper, Norco's city attorney, said it is irrelevant whether the moratorium expires a month before the new ban takes effect. The shops remain illegal as always because the city's zoning code does not explicitly allow them, he said.

"If one opened up in that period, the city would prosecute them, saying they are not permitted," Harper said.

Medical-marijuana advocates are awaiting the outcome of a court challenge to the city of Fresno's ban on medical marijuana dispensaries, but they plan to keep pushing for access, city by city, said Kris Hermes, spokesman for the Oakland-based Americans for Safe Access.

More than 30 cities and counties have adopted rules to govern distribution of medical marijuana and that, he said, shows it can work.

"All shutting down dispensaries in Norco does is force Norco patients and patients in the surrounding area to go elsewhere for their medicine," Hermes said.

<hr class=postrule><center><small>Reach Sarah Gordon at 951-893-2114 or sgordon@PE.com</small></center>