POT CLUB FACES CITY CRACKDOWN

SANTA CRUZ - City officials have served a shut-down order on a new medical
marijuana provider on Seabright Avenue but will allow the group to continue
operating while it seeks the proper permits.

Kate Wells, who opened Santa Cruz Cannabis Pharmaceuticals in a small home
on Seabright almost two weeks ago, said she wants to comply with city rules
but has no plans to abide by Monday's notice.

City officials said Wells, a lawyer, never obtained the proper permits to
open. A permit was needed because the house was previously used as a
residence and is zoned for offices.

Area residents complained that the use was inappropriate because the
neighborhood is largely residential and because a school and church are nearby.

Chief Building Official Dick Stubendorff said Tuesday the city could
legally shut down the non-profit group but is giving it a chance to apply
for permits.

"They are working with no permission from us whatsoever, but we are looking
at it objectively, forget the politics of it," Stubendorff said. "We are
telling them to get in an application immediately and let's go from
there. This is new water for us."

Stubendorff said the city wouldn't want to shut down an operation, thereby
depriving someone of medication.

Marijuana is used by some people to relieve suffering caused by diseases
and illnesses like HIV, migraines, cancer and anorexia.

Wells opened Santa Cruz Cannabis Pharmaceuticals April 7, just days before
the City Council approved an ordinance that allows recognized associations
to cultivate and distribute medical marijuana to qualified patients in
the city. That ordinance will take effect May 11.

"The council passed an ordinance without first communicating with the city
permit department," Wells said. "We are the ones caught in the middle.
We'll do whatever we have to do and jump through whatever hoops we have
to, but we don't know what the hoops are. They could red tag us, but it
won't close use down."

Wells said she picked up permit application forms Monday.

"I think the city letter (ordering a shut down) was a knee-jerk reaction
coming from neighbors' complaints," Wells said.

Meanwhile, she hopes to find a new space to distribute the medical
marijuana and wants to keep the Seabright house for administrative uses only.

Mayor Keith Sugar said the city will work out site details before the
ordinance takes effect. He said he wants the city to work with Wells and
neighbors, but that Wells must follow city zoning rules.

"It means she can't really operate," until we have (guidelines), Sugar said.

Sugar said he fears that if the city doesn't regulate its medical marijuana
associations "100 percent by the book," the federal government will be more
apt to intervene.

"We are now drafting guidelines and criteria. ... I'm sure Kate is all
above board and she will provide a valuable service, but she has to play
ball. What I want to do is meet with the residents and talk to them and
once we have rules in place we can provide assurances to them that these
operators are above board."

Wells said the new city ordinance doesn't make clear the zones in which a
marijuana operation can operate. She said such uses should be allowed in
residential areas.

Asked if she would close down if the city ordered her, she said, "Hell no.
Hell no I'm not going to back down."