POT SHOP OWNER WANTS CITY'S BAN REVISITED

The subject of Corning's city interim ordinance which bans medical
marijuana dispensaries, collectives or cooperatives will be back before the
City Council at its next regular meeting.

Ken Prather, who is running for council on November's ballot, is happy
about that.

Prather and his wife, Kathy, are the owners of Tehama Herbal Collective, a
medical marijuana dispensary on Solano Street.

Because of the interim ordinance and the fact the Prathers opened and
continue to operate the business without a permit, they receive a citation
from the city every day stating they are in violation of the interim
ordinance and city zoning codes.

During Tuesday's City Council meeting Prather stood at the podium and asked
the council to reconsider the interim ordinance, and that the subject be
placed on a council agenda.

He got his wishes when the council decided by unanimous consensus to hear
the item on the Sept. 14.

Prather feels the interim ordinance is in conflict with last week's state
4th District Appeals Court ruling on an Anaheim case, which states cities
in California cannot base decisions concerning medical marijuana on federal
laws.

City Planner John Stoufer disagrees, as does Mayor Gary Strack.

"I believe our ordinance is based on state law, not federal law," the mayor
said.

In July, the council voted unanimously to extend the ordinance for an
additional year.

"We are now waiting on the November election to see what happens with the
measure concerning the legalization of marijuana for recreational use,"
Stoufer said. "After that, and with the Anaheim decision, we will be
better able draft a permanent ordinance."

In the meantime, the Prathers and the city are battling it out in court
over the citations. The trial is scheduled for Sept. 15.