TOLD TO CEASE AND DESIST

Officers went to two dispensaries to warn them they are not in
compliance. Both businesses denied selling pot.

Costa Mesa code enforcement and police officers caught K.C. Bui, a
volunteer at the Bottega-M marijuana dispensary on 17th Street, by
surprise when they paid him a visit Thursday afternoon.

Walking into 435 E. 17th St., the smell of marijuana was
inescapable.

It was the second time that police visited Bottega-M. This time, the
authorities handed out a cease-and-desist order, one of two they
would issue to local pot dispensaries Thursday.

They delivered a second one to the Costa Mesa Patients
Assn.

About two weeks ago, after the city turned down Bottega-M's
application for a business license to dispense marijuana, police Lt.
Mark Manley stopped by to drop off a copy of a city ordinance. He
also informed Bui about the city law that prohibits marijuana
dispensaries from setting up shop.

When asked why he continued to operate after being informed, Bui said
he's not in charge of the operation. The Daily Pilot accompanied the
police and code enforcement on their afternoon visit to Bottega-M and
another pot dispensary, Shoreline Medical Assistance on 17th Street.

Although Bottega-M's website includes its menu and prices, Bui said
he doesn't sell marijuana, but provides it to patients after
verifying their prescriptions.

It also appeared that Bottega-M was in violation of city building
codes, Manley said.

"We don't have a moral or ethical position on medicinal marijuana,"
Manley said. "At this point in time it's a violation of the city's
law, and we are just doing our job of enforcing the code."

City officials also walked in while a person was working on wall
outlets. Code Enforcement Officer George Nichols determined that
there was an electrical outlet in the office that did not comply with
city codes.

Police have raided dispensaries in the city and arrested employees on
suspension of selling the drug, which under California law continues
to be illegal when not sold in compliance with the state's
restrictive medical marijuana law.

The city has also issued cease-and-desist orders to several
dispensaries in Costa Mesa.

Every marijuana dispensary in the city is operating illegally,
according to the city's ordinance, but the difference between those
that were raided and those that were served cease-and-desist orders
is evidence that they are also operating in violation of the state
law, law enforcement officials said.

"We've identified ones that are going above and beyond the state's
guidelines," Manley said. "They're just illegally selling drugs."

Shoreline Medical Assistance has 30 plants and all the equipment
needed to grow pot. But the two men who eventually answered the door
said they don't sell it, but grow it for personal use and showed city
officials their medical marijuana cards.

The two men, who refused to give their names, applied for a business
license with the city to operate a marijuana dispensary, but were
turned down.

They told Manley, Nichols and the undercover officer who accompanied
them that their office was originally a finance company that went out
of business.

One of them told Manley his wife doesn't like the smell, so he's
growing the pot in his old office.