PROSECUTORS CLAIM MARIJUANA STORE IS UNLAWFUL

THOUSAND OAKS, Calif. (AP) -- A local medical marijuana business is not
protected by Proposition 215, according to Ventura County authorities who
are suing to shut down the Ventura County Medical Cannabis Center.

The suit, filed Monday, contends the business violates both federal and
state law and allowing it to remain open would cause "great or irreparable
injury" to the public.

It is the latest attack on marijuana clubs around the state in the wake of
legal challenges to the ballot measure that legalized some use of the drug.

Deputy District Attorney Mitchell Disney wants a judge to order the
cannabis center closed and the Sheriff's Department to seize its assets.
The suit also asks that the operators pay $100,000 in fines, legal and
investigative fees.

Named as defendants are center owner Andrea Nagy and her boyfriend, Robert
Carson, both of Thousand Oaks. A hearing in the case was scheduled for
Wednesday.

In a related action, the Thousand Oaks City Council was scheduled to vote
Tuesday night on whether to outlaw medical cannabis sales in the city.

Disney said the county decided against seeking criminal charges against Nagy.

"She's trying to do what she thinks is right," Disney said. "For that
reason, we're not going to try to make a criminal of her if she's willing
to comply with the law."

Nagy has vowed to continue operating the center, which opened in September
at a business park.

"The only comment I have right now is we are going to fight this
vigorously," Nagy said.

Nagy, 28, says she keeps a small amount of marijuana in a desk drawer to
sell to about 60 clients, but the most of the supply is locked in a safe.

Patients also must go through a screening process before she will sell
marijuana to them, Nagy said.

Proposition 215, passed in 1996, changed state law to allow patients
suffering from cancer, AIDS, glaucoma and a variety of other illnesses to
possess and grow marijuana for medical use, with a doctor's recommendation.

But federal officials and some local lawmakers have resisted the initiative.

Last month, the state's 1st District Court of Appeal ruled that marijuana
clubs are commercial enterprises and cannot sell the drug legally to
patients despite the initiative.

The measure only allows for the use of the drug, not its sale, the court ruled.

The case has been appealed to the State Supreme Court.

"Proposition 215 is essentially a grow-your-own statute to allow people
with a doctor's approval to grow their own marijuana to treat their
symptoms. It wasn't intended to allow marijuana emporiums," Disney argued.

Copyright ) The Associated Press
Copyright ) The Sacramento Bee