MONTEREY SUES MEDICAL POT DISPENSARY

Monterey has sued the proprietor of a medical marijuana dispensary
alleging that the business violated the city's zoning codes by
setting up shop in town last fall.

City officials filed the complaint against MyCaregiver Inc. and
director Jhonrico Carrnshimba on Monday, after the City Council voted
4-1 in closed session Feb. 2 to authorize legal action against the
clinic, which has been operating at 554 Lighthouse Ave. since November.

Also Feb. 2, the council finalized a 45-day moratorium on medical
marijuana clinics, initiated under an emergency ordinance. Council
member Jeff Haferman dissented.

Mayor Chuck Della Sala declined to comment on details of the
litigation, but noted there is no provision for medical marijuana
clinics in the city's rules.

"There is no zoning ordinance in the city that allows for a medicinal
marijuana dispensary," Della Sala said.

City Manager Fred Meurer said that means the clinic is prohibited
from operating.

"Basically, it violated the city's code and should be closed," Meurer
said.

City Attorney Deborah Mall was unavailable for comment.

MyCaregiver Inc. officials, including Carrnshimba and San Jose
attorney Jim Roberts, have argued that the clinic is a private,
nonprofit cooperative that complies with state law, and that a
business license or permit is not needed. California voters approved
the use of medical marijuana in 1996.

But city officials said the nature of the clinic's business was not
fully disclosed as part of a business license application, which
listed MyCaregiver Inc. as a "Health care Cooperative/Individual &
Family Services."

Carrnshimba said the distribution of medical pot was covered in the
application under "herbal remedies."

The city has issued a cease-and-desist order and is reportedly
seeking to extend the moratorium.

City officials said clinic operators can apply to have the city's
zoning code changed or appeal the cease-and-desist order to the city
Planning Commission, but have not done so.

Several Central Coast cities, including Pacific Grove, Marina,
Hollister and Gilroy, have been attempting to deal with the medical
marijuana clinic issue. Last month, Pacific Grove approved its own
temporary moratorium on the clinics.