TRACY POT CLUB VOWS TO STAY PUT

Cannabis Dispensary Accuses City of Infringing on Constitutional Rights

TRACY -- 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 by today.

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.