STATE AGAIN ASKS COURT TO SHUT DOWN CANNABIS CLUB

Attorney general's office contends renaming is fig leaf

The state of California is renewing its 2-year-old battle to close San
Francisco's biggest marijuana dispensary, but the Cannabis Healing Center --
formerly the Cannabis Cultivators Club -- keeps dodging bullets.

Tuesday, the attorney general's office went to court seeking a temporary
restraining order to remove the club's director and her property -- which
would presumably include a large amount of marijuana -- and close the
operation down.

Superior Court Judge William Cahill, picked to hear the case after two other
judges were disqualified, one by each side, said he'd think about
restraining conduct at the center that offends its neighbors. But he
indicated that the issue of shutting down the 1444 Market St. operation
could best be handled at a full-fledged injunction hearing June 5.

Senior Assistant Attorney General John Gordnier argued that the Cannabis
Healing Center was "a drug house," that its director Hazel Rodgers was "no
different than any other drug dealer" and that it was an illegal operation
that should be shut down.

Defense attorney J. David Nick countered that the center was legal under
Proposition 215 as a primary caregiver dispensing medical marijuana to
desperately ill patients.

To comply with a court order, Dennis Peron, founder of the center, formally
quit as its director April 17 and handed the leadership to Rodgers.

Gordnier said the 79-year-old Rodgers, who suffers from glaucoma and
occasionally uses marijuana, was "nothing more than a straw person acting on
Mr. Peron's behalf."

Gordnier also presented an affidavit from Victor Zachariah, 93, who controls
the Zachariah Family Trust, which owns the building occupied by the cannabis
club. In his affidavit, Zachariah said he wanted the club shut down.

"I do not wish to have my property used for selling, serving, growing or
cultivating marijuana or any other illegal drug," Zachariah said. "I do not
wish to continue renting the premises to him (Peron)."

Gordnier also presented several affidavits from the center's neighbors, who
labeled the club and the crowds of marijuana users who congregate in front
of it daily a public nuisance.

Nick said the club would not oppose any restraining order requiring it to
maintain an outside atmosphere that won't offend neighbors. Cahill indicated
he would probably issue the limited order.

©1998 San Francisco Examiner