LARKFIELD MARIJUANA DISPENSARY MUST REMAIN CLOSED, FOR NOW

A tentative ruling from a Sonoma County judge will keep a Larkfield
marijuana dispensary closed while it goes through the county
permitting process.

Judge Mark Tansil Wednesday issued a preliminary injunction against
Kush Organics on Old Redwood Highway that opened in April without a
permit.

He ruled that Sonoma County has an interest in enforcing zoning laws,
deterring violations from other marijuana clubs and protecting the
public. But he also said Kush has a right to speedy consideration of
its business license application, which includes a hearing before the
Board of Zoning Adjustments.

Kush was one of two dispensaries that were sued by the county for
opening prematurely. The other, Valley of the Moon Collective in
Kenwood, also was closed but has since been allowed to reopen.

"It's simple -- Kush Organics thought they were above the law and they
got caught," said Supervisor Mike McGuire, whose 4th district includes
the neighborhoods just north of Santa Rosa. "It wouldn't be OK for any
other business to operate without a permit," he said.

The ruling confirmed potential hurdles for Kush, which include a
complaint that it is within 1,000 feet of a dance studio that offers
classes for children and that it is too close to a residential
neighborhood.

But Kush lawyer Dan Beck said it also offered good news for his
client. He said Tansil ordered Kush be given a "timely hearing" on its
application rather than being forced to wait what Beck estimated would
be six to nine months. Beck said he would ask to have it in 30 days.

"We're hoping the court will set a short fuse and we'll get our day to
argue a valid use," Beck said. "It's all we really wanted."

Issues surrounding the dispensary's location could be resolved by
establishing special hours of operation and putting up physical
barriers, like a fence, Beck said.

Tansil is expected to confirm his ruling after hearing from both sides
Thursday.

In the ruling he traced a timeline of the dispute between the business
and the county:

Kush opened just north of Santa Rosa on April 5, without first getting
a permit.

County officials sent a letter, asking the dispensary to close. When
that failed, the county sued and the judge issued a temporary
restraining order May 1, shutting the dispensary until it obtained a
permit.

In issuing a preliminary injunction, which essentially extends the
restraining order, the judge had to first find the county would
prevail on the merits of the case. He said the county met that burden.

Also, he had to find no harm would come to either side. Since there
are other dispensaries, customers could go elsewhere to buy marijuana,
he said.

"While the court hears the pleas of medical marijuana users, this
business has only been open since April," Tansil wrote. "There are
other marijuana dispensaries and Kush can aggressively pursue a use
permit."

In the unincorporated county alone, there are 11 open dispensaries,
including four with permits and six without, said Pete Parkinson,
director of the county's Permit and Resource Management Department.

If they nominally meet standards, they are allowed to remain open
while their applications are pending, Parkinson said. Only those that
don't have been sued, he said.

He defended the length of time it takes to complete the process,
saying the analysis is thorough and many applications are turned in
before they are complete.

"It does take a few months," Parkinson said.