TRACY WEIGHS FUTURE OF POT CLUB

Hearing on Thursday to Consider Legality of the Valley Wellness Center

TRACY -- While the national debate over the use of medical marijuana
has yet to be settled, city officials hope to resolve the confusion
over whether or not cannabis clubs that distribute the drug to
patients are allowed under the city code.

The situation has come to a head after Tracys own cannabis club, The
Valley Wellness Center at 130 W. 11th St., continued to operate
after the city owners ordered to close it.

Although nothing in the city code specifically bans medical marijuana
dispensaries, theres also nothing that allows them. In November, city
code enforcement officers ordered the club to discontinue the
nonlisted use of distributing medical marijuana.

The city also contends the group misrepresented itself on its
business license, saying its activity would be retail sales conducted
by a nonprofit corporation.

An attorney for the dispensary said it provides a benefit to the
community on a nonprofit basis and called the citys legal position --
anything not explicitly permitted is therefore prohibited -- dubious
and infringes on constitutionally protected property rights.

A hearing is now set for Thursday, and according to city officials a
local attorney has volunteered to serve as the hearing officer.

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 Attorneys Office interprets the
retail sale of marijuana, even to those who have a doctors
recommendation, as illegal.