MEDICAL MARIJUANA SUPPORTERS DETERMINED TO OPEN COLLECTIVE IN
VENTURA

Backers Say The City Is In Violation Of State Law

On July 12, the city of Ventura voted against medical marijuana
cooperatives being allowed to operate in the city. But on Friday, July
23, the city received an 83-page business plan from Medi-Kal
Cooperative, stating its plans to open such a business on Sept. 15 on
Thompson Boulevard in Downtown Ventura.

City Manager Rick Cole said that the plan seeks to defy the city's
moratorium on medical marijuana businesses.

"They sent us a business plan showing they intend to make $5 million a
year with 43 percent gross profit," said City Manager Rick Cole. "It
simply would be in violation of our zoning law, and we'll make it
clear that won't be tolerated."

But Medi-Kal believes that the city is in violation of state law and
still has its eyes set on opening.

"It is not our intention to defy, but to, in fact, help the city and
county of Ventura to more clearly understand compliance as it relates
to the law voted in by the citizens of the state and county," said
Sergio Berga, who is planning to open Medi-Kal. "There is case law to
support our position that clearly states that our local and state
government should have set up guidelines and access to medical
cannabis more than 12 years ago .... Somehow, the administration of
this county believes it doesn't have to operate under state law."

If the city interferes with the opening of Medi-Kal, William McPike,
Medi-Kal's attorney, said that there would be litigation for not
providing zoning rights to a nonprofit collective. Yet, despite the
moratorium outlawing collectives in the city, Medi-Kal is willing to
wage legal battle, even if it is the taxpayers who would foot the bill
for the city's potential legal expenses.

"There is a clear lack of responsibility for the potential legal
actions that could arise, costing the citizens directly," said Berga.
"This even more so than the clear disregard this county already has
for its seriously ill."

Opponents of the medical marijuana moratorium have accused the city of
obstructing the state's Compassionate Use Act, approved by California
voters in 1996, to "ensure that seriously ill Californians have the
right to obtain and use marijuana for medical purposes where that
medical use is deemed appropriate and has been recommended by a physician."

McPike referenced a major case from the city of Anaheim in which the
California 4th District Court of Appeal will decide next month whether
municipalities can legally prohibit medical marijuana cooperatives
within their borders. The case has taken nearly one year to decide,
and the decision will have long-reaching impacts on cities with
existing moratoriums on marijuana collectives.

But for now, Cole insists there will be no collective operating in
Ventura any time soon.

"We told them they shouldn't go forward with it," said Cole "They're
not going to get any business license for any legal business, so I'm
not sure how they're going to operate."