UPLAND SEEKING TO CLOSE TWO MEDICAL MARIJUANA CO-OPS

UPLAND - Aaron Sandusky hopes to change the city's views on medical
marijuana.

Sandusky is president of G3 Holistic - one of two medical marijuana
cooperatives in Upland that the city is trying to close.

"We try to lead by example and I think it shows all the way through
and hopefully (the city) will see that and give us a chance to
continue," said Sandusky, who opened G3 Holistic in November and has
members in San Bernardino County.

City officials are attempting to shut down G3 Holistic in the 1700
block of West Foothill Boulevard and UHPC in the 900 block of North
Central Avenue. City zoning rules prohibit medical marijuana
dispensaries.

"There's a considerable amount of people that look for this
kind

Bud-tender Dan Forman labels jars of medical marijuana on June 17 at
G3 Holistic, Inc. in Upland. (Jennifer Cappuccio Maher Staff
Photographer)of alternate way of medicating for whatever their needs
are and I think we're providing them a pretty good place to come and
obtain what they're looking for," Sandusky said.

G3 and UHPC, which operate as medical marijuana cooperatives, are
allowed to operate in California as long as they follow strict
guidelines set up by the state Department of Justice.

Voters approved a measure in 1996 that decriminalizes the use of
marijuana for medicinal purposes if recommended by a physician.
Lawmakers in 2004 made it mandatory for counties to implement a
medical marijuana identification card program.

But the U.S. Supreme Court has stated that the federal Controlled
Substances Act trumps any state law legalizing marijuana.

Upland's zoning ordinance, which was passed a couple of years ago,
banned dispensaries from operating in the city in order to comply
with federal law.

"Here we've got this odd federal law saying no dispensaries and state
law saying sort of maybe," City Attorney William Curley said. "Then
we've got the state Constitution that says the city can adopt any law
that is not in violation of state or federal law. We can adopt
anything not in conflict with federal law, and federal law says it's
a prohibited substance."

Although federal law does not exempt the use of medical marijuana,
there is no legal conflict between the state and federal governments,
according to the state Department of Justice.

"We have a zoning ordinance that says it's not permitted in town -
period," Curley said. "And if the court agrees, as most courts have,
that zoning is a valid land use control. then it's pretty cut and
dried."

Several Inland Valley cities - including Fontana, Claremont, Pomona,
Rancho Cucamonga, Chino, Chino Hills, Ontario and Montclair - also
prohibit dispensaries as a possible land use.

None of these cities are currently in the process of shutting down
dispensaries.

Sandusky said he would like cities to find a way to allow legitimate
cooperatives to stay open instead of spending tax dollars on shutting
them down.

"Unfortunately, we see or hear about these places being shut down
because they're operating in a way that's not right," Sandusky said.

Upland does not have the power to use its zoning laws to prevent UHPC
from operating, when the state allows for medical marijuana
cooperatives and collectives, said Roger Jon Diamond, an attorney
representing UHPC.

Diamond described UHPC as a medical marijuana dispensary cooperative.
The facility has been open about five months.

"It seems to me the city should determine by zoning law where this
type of operation can exist," Diamond said. "The city argues they
have the right to totally ban it, so we have a legal disagreement
over the power of the city."

Diamond said a hearing date has been set for UHPC on July 13 in West
Valley Superior Court in Rancho Cucamonga.

Sandusky said his case is still pending.

California residents on Nov. 2 will vote on letting marijuana be
legally sold and taxed in the state.

"It's a waste of taxpayer money to pursue a lawsuit when we will get
a definitive answer on Nov. 2," Diamond said.

Mayor John Pomierski said the city may reconsider its ordinance if
the initiative to legalize marijuana passes in November.

"We're not going to take that route until the will of the people
speaks," Pomierski said. "We've already said we're not going to allow
them, so now the court stuff kicks in gear."