MARIJUANA CLUBS QUESTION ETHICS OF CITY'S ORDER TO CLOSE

RICHMOND: Both Dispensaries Told To Shut Their Doors Immediately

With the crafting of a medical marijuana regulating ordinance
stalled, the Richmond City Attorney's office has ordered the
immediate closure of two cannabis clubs, the only ones known to
operate in the city.

One, Natural Remedies Health Collective on Macdonald Avenue, promptly
closed. The other, Holistic Solutions on Hilltop Mall Road, remained
open Thursday. Owner Ken Estes said he hopes to persuade Richmond
officials and council members that his business benefits both
patients and the city at large.

In a cease-and-desist order dated May 16, Assistant City Attorney
Trisha Aljoe told Natural Remedies owner Linda Jackson that failure
to comply will result in the filing of criminal charges. Estes said
he received a similar letter. With no land-use standards permitting
medical marijuana dispensaries in the city, the letter reads, "your
continued marijuana operation is in clear violation of the Richmond
Municipal Code and constitutes both a public nuisance per se, as well
as a criminal misdemeanor."

Jackson closed her shop Wednesday, but on Thursday, she questioned
the legality and ethics of the city's order.

"This is taking away my livelihood and putting my patients in harm's
way," said Jackson. She also questioned how the city could prosecute
her, because no city law specifically addresses cannabis clubs, which
are legal under California law -- unless the city decides to enforce
the federal law.

In 1996, the state's voters approved marijuana for medical use on the
recommendation of a doctor. The federal government, however,
considers marijuana an illegal drug, with no medical use.

Aljoe did not return calls Thursday. The city's administrative chief,
Janet Schneider, said the city attorney's office takes the stand that
cannabis clubs are illegal since the city code does not explicitly
permit them. Moreover, she said, the city's zoning ordinance rules
out unlawful activities in general.

Richmond's legal stand differs from that of some other Contra Costa
cities, which passed urgency moratoriums on the opening of cannabis
clubs. Those cities, among them Antioch, Oakley, Pinole and San
Pablo, reasoned that without a moratorium, their cities lacked the
legal mechanism to keep cannabis clubs from opening absent any
reference to them in their municipal codes.

Richmond, too, once had a moratorium; it lapsed in October. A draft
ordinance that would limit cannabis clubs to certain commercial areas
bounced among the Planning Commission, Public Safety Committee, City
Council and city staff for months. On Thursday, the committee
declined to adopt a recommendation by the city staff to declare
cannabis clubs a "non-permitted use" and referred the matter to the
city council to consider as part of a general plan overhaul.

Police Chief Chris Magnus said Thursday that cannabis clubs are a
drain on police resources. But earlier this year, Richmond Police
spokesman Lt. Mark Gagan quipped that things were so quiet at Natural
remedies he had virtually forgotten it existed.

Magnus said there was a burglary at Natural Remedies in May 2005. But
Jackson said that occurred under a previous owner. And at Holistic
solutions, Magnus said, Richmond officers observed a steady stream of
young people coming and going, causing him to doubt they were there
for medical reasons. But Estes said many younger people use medical
marijuana for pain resulting from injuries and that police should
come inside to observe how he checks out his patients.