WHITTIER RESIDENTS AREN'T GIVING UP ON DREAM OF OPENING MEDICAL
MARIJUANA DISPENSARY

SOUTH WHITTIER - Two brothers and a cousin who were forced to shut
down their medical marijuana dispensary last week, say they aren't
giving up on their plans.

The dispensary, 3P Wellness Center, 11331 La Mirada Blvd., in
unincorporated South Whittier, had been open only a month when
brothers Victor, 34, and Steven Munoz, 22, of Whittier and their
cousin, Alex Hernandez, 34, of Pomona voluntarily shut it down after
Los Angeles County officials told them they didn't have the necessary permits.

But the dream isn't dead, they say.

"We will be open," predicted Victor Munoz. "It might not be here but
we will be open some place."

Still, making this happen won't be easy. They need a partner to come
up with money to negotiate their way through a county system that
has yet to issue a conditional-use permit for a dispensary since the
ordinance was approved in 2006.

The three already have spent about $50,000 to obtain nonprofit
status and renovate the space they were in.

It was Victor Munoz's idea to open a medical marijuana dispensary,
in part because of his brother's illness.

Steven Munoz was diagnosed with lupus in April 2009.

Lupus is a chronic, autoimmune disease that can damage any part of the body.

Munoz said he has severe pains in his joints and sometimes can't
even make a fist.

Then, he discovered medical marijuana last summer.

"Once I smoked it, it totally relaxed my muscles and I was able to
open my hand up," he said. "My knees weren't locking up and I was
able to go to bed pain free."

Still, Steven Munoz had medical bills and couldn't get health insurance.

As a result, Victor Munoz, who had been in real estate with his
brother and cousin, decided it was time to open a new business in
which they could get health insurance.

"One day we were talking about medical marijuana and I said, `Why
not open up a dispensary."'

However, they were never open long enough to get health insurance.

Victor Munoz, who has attention deficit disorder, said he has smoked
medical marijuana to help with the situation and had some ideas from
being in different dispensaries.

In December 2009 they began the process, first creating a nonprofit
corporation, Maya Management Corp., leasing space and then opened on April 17.

But the group didn't want their dispensary to be the same as others.

"We didn't want to look like a head shop," Victor Munoz said. "We
weren't going to carry bongs, pipes or things like that."

They also created a space where a group could meet to talk about
their medical issues.

"There would be no smoking or meditation, just conversation," Victor
Munoz said.

However, they never obtained a permit from the county.

"We contacted the county on numerous occasions but they don't issue
(permits)," he said.

"Sure you can file," he said. "It will cost thousands of dollars and
nobody gets it. At the end of the conversation they tell you nobody
has successfully obtained a permit."

The county hasn't issued any permits, although the Regional Planning
Commission denied an application for a dispensary near Los Angeles
International Airport.

In addition, there are two applications currently in the system.

Munoz said when he first talked to county planning officials they
told him his location was legal in that it was in a commercial zone
and not within 1,000 feet of what are described as "sensitive uses,"
such as schools, playgrounds, parks, libraries, places of religious
worship, child-care facilities and youth facilities.

But later he found there was a home day care center behind them in
the residential neighborhood.

"If it was across the street, I'd say (the county) was right," he
said. "We're talking about having to jump over a bunch of fences to
get to the house."

Sonia Alexania, deputy director for the current planning division
for the county Regional Planning Department, denies that the county
is trying to discourage applicants.

"If someone is interested, we can counsel them. We work with the
applicant and give them advice and counseling," Alexania said.

However, the county doesn't have a map showing locations that are
available. Instead, a physical inspection has to be done once you
apply. The fee for a conditional-use permit is $5,000.

No study was done because the county is too large, said Karen
Simmons, section head of the Ordinance Study Section of the county
Regional Planning Department.

Still, an applicant whose dispensary would be within the 1,000-foot
area can apply for a variance, Alexania said.

For the two brothers and the cousin, they still have a lease for
their site and their dream.

"We're looking for a partner who can pick up the rest of the
expenses," Victor Munoz said.