MODESTO COUNCIL READY TO DISCUSS MARIJUANA STORE

It's Unclear Whether City Can Force Business To Close, Since It's Legal

Shirley Johns says everything has its place, including shops that sell
marijuana for medical use. But such stores don't belong in a Modesto strip
mall, she said, where shoppers go to get their nails done and have their
dogs neutered.

"I truly feel sorry for those who suffer, but look at this traffic," said
Johns, an employee at Modesto Insurance Center, as she peered into a
parking lot Friday that was jammed with cars and patients toting brown
paper bags of prescription pot.

It's been a tense week at 1009 McHenry Ave. since the new neighbors moved
into Suite D. The California Healthcare Collective, which opened Monday, is
Modesto's first medicinal marijuana retailer.

Business owners said for the most part the store's employees and patrons
have been polite; police have been keeping a close eye.

But they said the cannabis retailer has sparked a number of problems from
parking to loitering, and patients going across the street to smoke.
Business owners said they're frustrated they weren't forewarned and want
the city to take action.

"I voted for Proposition 215 and I'm sorry I did," said one employee of a
nearby business who didn't want to be named. She referred to the statewide
initiative that permitted the use of medicinal marijuana. "I'm concerned
about the clientele and the neighborhood -- I didn't expect this."

The fate of California Healthcare Collective and any future cannabis
retailer in Modesto is on the agenda for Tuesday night's meeting of the
Modesto City Council.

Several council members have expressed outrage over the store's arrival. It
is unclear what authority the city has to shutter a licensed shop that
sells a legal product and is in business.

Tashawn Dickerson, the shop's security guard, said the store is doing a
public service -- and it would be a mistake to close it down. He said
marijuana provides relief for people who suffer from painful diseases,
including cancer and AIDS, and the Modesto location means patients don't
have to drive to the Bay Area.

ID Shown Before Entering

"A lot of people can't make it through the day without medicating for their
illness," said Dickerson, who asks each patient to show identification and
a prescription card before letting them in. "We're helping out the
community a lot more than we're given credit for."

After observing for a few days, nearby business owners questioned the
medical needs of some of the store's patrons -- the majority of whom
appeared to be young men in relatively good shape.

"Let's just say we haven't seen a lot of wheelchairs," said a store owner,
who did not want his name used for fear of reprisal.

Dickerson countered: "Just because a patient is young doesn't mean he
doesn't have a problem."

Medicinal marijuana has been legal in California since 1996. Applications
for licenses to sell it rose the past year after state-issued guidelines
for medical marijuana possession took effect.

California Healthcare Collective is the only legal marijuana seller in
Modesto. It received a business license from the city in October and
operated in another store at 304A McHenry, near Five Points.

Second Store Has License

City officials said another company has a business license, under the name
of Real Medical Supplies, with the intention to sell marijuana. The
applicant lists a business address at 421 Maze Blvd., Suite B.

Shawn Harris said he was glad to finally to see cannabis come to Modesto.
Leaving the store Friday afternoon, brown bag in hand, the 39-year-old said
marijuana helps him deal with a stress disorder. He said he's had a
prescription for about five months.

"It helps me get by," said Harris, whose daily regimen includes three or
four blunts, which are hollow cigars filled with marijuana.

Harris said marijuana doesn't carry the social problems associated with
other drugs such as methamphetamine, which law enforcement officials say
plays a role in a large number of crimes in the Central Valley.

"As long as there ain't no violence or gangbangers coming up here, we're
cool," said Harris. "We're doing our thing, not hurting anyone."

The Modesto City Council will meet Tuesday at 5:30 p.m. at Tenth Street Place.