STOP SELLING MEDICAL POT, CONCORD TELLS BUSINESS

CONCORD -- City officials have told a new medical marijuana
dispensary to quit providing pot, saying the existence of the
business violates a city ban, and that its owners misrepresented
themselves on their business license application.

Herbal Essence, at 5065 Clayton Road, has 10 days to prove that it is
not providing medical marijuana or face a lawsuit, according to a
"cease and desist" letter sent by City Attorney Craig Labadie.

City officials would also ask a judge for an immediate injunction to
close the dispensary if marijuana continues to be provided, the letter says.

Labadie said Wednesday that the letter -- sent late Tuesday afternoon
- -- had likely not yet arrived at the dispensary. He said he hopes to
meet with Herbal Essence's operators early next week.

Herbal Essence listed itself as a "Holistic Healing Services"
business on its application for a business license and cannot provide
marijuana, the letter says. Medical marijuana dispensaries are banned
in Concord's city code.

Citywide bans such as Concord's have been challenged in court; a case
challenging Anaheim's ban is still pending. Labadie's letter notes
that Concord's ban survived a court challenge in 2005.

Devlyn Sewell, 51, of Concord, said the dispensary should be allowed
to stay open. She said she uses marijuana to calm muscle spasms she
still experiences nine years after a stroke, and was glad to see a
dispensary open less than a mile from her house.

"If I have two medical doctors here in Concord that say this is what
I should be doing, can't I do it in my own community?" Sewell said.
"How does a longtime resident get their medication? What are my options?"

Although she is able to drive, going to a dispensary in Richmond or
Berkeley can be "scary," she said, and the stress of getting there
makes her muscle problems worse. And others with medical conditions
may not be able to drive, she said.

In contrast, Herbal Essence "was very warm and inviting," she said.
The business also offers chair massages and natural foods, she said.

Operators of the business were not available for comment.

Sewell said she had spoken Wednesday with employees of the business,
who said it did not have "people in place" to make a formal statement.

"They do want to try to accommodate the city and try to find a way to
find some common ground so they can have an above-board dispensary at
some point," Sewell said.