JUDGE EXTENDS RESTRAINING ORDER HALTING SALE OF POT IN DOWNTOWN

A temporary restraining order barring Quick N' East Markets from
selling marijuana in downtown Manteca has been extended for 90 days.

San Joaquin Superior Court Judge Lesley Holland Wednesday extended
her original temporary restraining order that was due to expire on
Thursday to allow both sides to prepare arguments at a later date on
whether she should issue a permanent injunction.

The extension came on the same day that the Secretary of State
confirmed that a measure to legalize recreational marijuana use for
those 21 and older had qualified for the November ballot. Currently,
it is legal in California to use pot for medicinal purposes providing
one has a doctor's prescription. The current law as outlined in
Proposition 215, though, give discretion to the cities and counties
as to whether they will allow so-called marijuana clubs.

Whether the Quick N' Easy Markets at 311 W. Yosemite Ave. is a co-op
or selling marijuana for profit is at the crux of the City of
Manteca's legal challenge.

The city has made it clear through an ordinance that Manteca does not
allow the sale of marijuana through a dispensary.

The District Attorney's office has reportedly stated that if the
business is operating a true cooperative, they will not seek
prosecution against those involved with the business.

California voters approved Proposition 215 in 1996 to allow for
individuals that have received a valid prescription from a licensed
medical doctor or the patient's primary caregiver to possess and
cultivate marijuana for medicinal use. Marijuana aids patients
afflicted with AIDS and cancer to regain their appetite and those
suffering from chronic pain with something different than the
opiate-based prescriptions that are commonly used.

But the federal government still doesn't formally recognize the
decisions of individual states to allow for marijuana - listed as a
prohibited Schedule 1 drug in the Controlled Substances Act - to be
used as a medicine even if it is approved by the doctor. The Obama
administration has said that going after dispensaries was extremely
low on their list of priorities.

Under Proposition 215, cities have the option of allowing pot
collectives or banning them. Nearly half of the state's cities have
done so. What cites have allowed is varied. There are four pot
dispensaries licensed by the City of Oakland, more than 20 in
Redding, and close to 900 in Los Angeles.

The Manteca City Council late last year at two separate meetings
maintained stony silence when a resident asked under citizens
comments for Manteca to allow pot dispensaries as he had to drive in
Oakland to get marijuana to deal with a series of work-related injuries.