LATEST YUBA COUNTY MARIJUANA DISPENSARY SHUT DOWN AFTER ONLY 2 DAYS

Once again, a proponent of medical marijuana has tried to open a
dispensary in Yuba County. And once again, he has only been open a few
days before the county shut him down.

The newest chapter in the county's ongoing marijuana wars began when
the county's Building Department issued an occupancy permit to the
owner of Ivy Shop/Garden Shop, 5040 Olivehurst Ave., in Olivehurst.

After only two days, though, the county revoked the permit and gave
the store owner, Robert Smith, no ability to appeal, said Smith's
attorney, Jeffrey Kravitz of Sacramento.

"What we have on one side is people who believe in the United States
of America where people can engage in free enterprise, and on the
other side is a nanny state that won't allow him to do so," Kravitz
said.

But reality doesn't match rhetoric, said county spokesman Russ
Brown.

When the county issued the occupancy permit, the owner portrayed it as
a garden supply store. Afterward, the owner put up new walls in the
building, Brown said.

"It was never zoned for that and it was never permitted for that," he
said, adding Smith also added signs identifying the business as a
medical marijuana dispensary.

As well, current county zoning has no provision for dispensaries,
either in terms of specifically permitting them or banning them, in
particular areas, Brown said.

Kravitz said he sees it differently: "My understanding is their
feeling is that nothing that is not permitted is allowed."

Brown said the situation is frustrating for the county because the
dispensary's owner didn't comply with the terms of the permit, then
turned to the media to seek relief. Smith could not be reached for
comment.

But the status of dispensaries could change. The county is in the
beginning stages of updating its zoning ordinances, and officials have
said encouraging small business owners who've run into past issues is
a goal of the update.

Medical marijuana dispensaries could be part of that discussion, Brown
said.

Other counties already have zoning to permit such operations, Kravitz
said, adding Smith's clientele would've been limited to members of a
medical marijuana cooperative.

"There would be a question whether you could completely prohibit
them," he said.

Kravitz said he is trying to appeal the revocation with the county,
but there is no word yet. Brown said the dispensary's operators can
start over with the Planning Department, but still face the same
zoning hang-ups.