MEDICAL MARIJUANA DISPENSARY ARGUES FOR VALLEJO'S CONSENT

The Stan the Man Collective's operations should be up to the Vallejo
Planning Commission and City Council -- not the courts, the medical
marijuana dispensary's attorney has argued in a recent court filing.

The dispensary is the target of a recent city lawsuit to shut it down.
Attorneys are scheduled to appear Thursday before Solano County
Superior Court Judge Ramona Garrett to argue the merits of a temporary
cease-operations order for the collective.

City Deputy Attorney Alan Cohen argued this month that the dispensary
is violating city zoning codes, and is working under a falsified
business license.

City officials believe Stan the Man is one of about nine such
operations open in the city.

"Through its zoning ordinance, (the city) is attempting to prohibit
the (medical marijuana sales) use based on federal law ... (and) such
a prohibition violates the power granted to the city by the state of
California and is invalid and unenforceable," Stan the Man attorney
Scot Candell argued in his briefing, filed Friday.

The city has neither accepted nor denied a January 2010 medical
marijuana sales business license application from the collective, and
has not revoked an existing 2009 license for sale of "organic natural
herbs and vitamins," according to the filing. Without formal action by
the city, collective officials are unable to appeal to the planning
commission and/or city council, Candell's filing states.

Cohen replied Monday that the city's business license ordinance does
not specify how the city can revoke business licenses.

"We have the option of choosing our remedy," Cohen said, noting that
the city decided to take the issue to court following informal
discussions with Stan the Man's representatives. "Just because you put
in an application doesn't mean you can continue to operate. The permit
process is to establish the legality of the use, prior to that use
going into effect."

Candell also argued that the city's determination of marijuana sales
as not conforming to existing city property uses should also be open
to appeal.

"(Acting Planning Director) Ms. (Michelle) Hightower's determination,
notice of which was not given until the city sought a temporary
restraining order, was a sweeping determination ... ," Candell contended.

The collective's representatives filed a $12,438 application to amend
the city's zoning code in December to allow marijuana cooperatives in
certain commercial districts. That application is pending, said
dispensary founder Ken Estes.