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Tracy pot club vows to stay put
Cannabis dispensary accuses city of infringing on constitutional rights
12-05-06 l Tri-Valley Herald l Mike Martinez

The medical marijuana dispensary, which was ordered to close by the city of Tracy, has filed a request for an administrative hearing and vowed to continue operating.

Oakland attorney James Anthony said the Valley Wellness Center is a legal medical cannabis collective and would remain open under the threat of fines and citations.

"It causes no harm, and it provides a beneficial community service on a nonprofit basis," Anthony wrote in an e-mail. "The city's legal position — that anything not explicitly permitted is therefore prohibited — is dubious and infringes on constitutionally protected property rights."

Although nothing in the city code specifically bans medical marijuana dispensaries, there's also no specific code that allows for it. Last month, the collective was ordered by city code enforcement officers to "discontinue the nonlisted use of distributing medical marijuana" in Tracy bytoday.

City officials contend the group misrepresented themselves on their business license, saying their activity would be "retail sales conducted by a nonprofit corporation."

"It would have surprised me not to (file an appeal), but it doesn't surprise me," Bill Sartor, Tracy's assistant city attorney, said. "We'll schedule a hearing and go from there." Sartor maintained his position that the sale of medical marijuana isn't a listed use under the city code. He said the store front never should have opened and the city would prefer they shut down because they are out of compliance.

In 1996, California voters passed Proposition 215 — the Compassionate Use Act — providing the seriously ill with the right to obtain and use marijuana for medical purposes.

The San Joaquin County District Attorney's office interprets the retail sale of marijuana, even those who have a doctor's recommendation, as illegal.