News (Media Awareness Project) - US CA: New Tool For City Attorney In Medical Pot Fight |
Title: | US CA: New Tool For City Attorney In Medical Pot Fight |
Published On: | 2011-08-28 |
Source: | Press-Enterprise (Riverside, CA) |
Fetched On: | 2011-09-01 06:02:00 |
NEW TOOL FOR CITY ATTORNEY IN MEDICAL POT
Riverside City Attorney Greg Priamos now has another weapon in his
fight against medical marijuana dispensaries: the power to subpoena.
The City Council last week voted to let the city attorney's office
use legislative subpoenas when people connected with dispensaries
won't cooperate.
Medical marijuana proponents say state law gives dispensaries the
right to operate within certain guidelines. However, Riverside
officials maintain the city zoning code bans medical marijuana
facilities citywide.
Priamos said he has used legislative subpoenas before, when the city
was seeking to close group homes for parolees that did not have
permits. He already has filed 15 lawsuits against marijuana
dispensaries, some of which have closed.
"We are having quite a bit of difficulty with property owners ...
that are leasing their property to dispensaries in knowing violation
of our zoning code," Priamos said. "The subpoenas are necessary to
get additional information."
For example, Priamos said he might subpoena copies of lease documents
to determine how much rent is being charged, if it's being paid in
cash, and whether the owner knew the tenant planned to operate a dispensary.
In Craig Celse's case, the lease likely would show he had no idea his
tenant intended to run a dispensary. Celse is cooperating with the
city, which earlier this month shut down a medical marijuana
collective in a Victorian house Celse owns in the Magnolia Center area.
"All we had was a residential rental agreement," Celse said, and the
house isn't zoned for business use.
Celse said the city attorney's efforts were successful regarding his
property, and he has given the tenants notice to leave. For property
owners who aren't as compliant as Celse, Priamos now can use
subpoenas and seek court orders to back them up if necessary.
Priamos said he is investigating a number of dispensaries, but as of
Thursday he had not issued any subpoenas and declined to say which
dispensaries might be the first targets.
Riverside City Attorney Greg Priamos now has another weapon in his
fight against medical marijuana dispensaries: the power to subpoena.
The City Council last week voted to let the city attorney's office
use legislative subpoenas when people connected with dispensaries
won't cooperate.
Medical marijuana proponents say state law gives dispensaries the
right to operate within certain guidelines. However, Riverside
officials maintain the city zoning code bans medical marijuana
facilities citywide.
Priamos said he has used legislative subpoenas before, when the city
was seeking to close group homes for parolees that did not have
permits. He already has filed 15 lawsuits against marijuana
dispensaries, some of which have closed.
"We are having quite a bit of difficulty with property owners ...
that are leasing their property to dispensaries in knowing violation
of our zoning code," Priamos said. "The subpoenas are necessary to
get additional information."
For example, Priamos said he might subpoena copies of lease documents
to determine how much rent is being charged, if it's being paid in
cash, and whether the owner knew the tenant planned to operate a dispensary.
In Craig Celse's case, the lease likely would show he had no idea his
tenant intended to run a dispensary. Celse is cooperating with the
city, which earlier this month shut down a medical marijuana
collective in a Victorian house Celse owns in the Magnolia Center area.
"All we had was a residential rental agreement," Celse said, and the
house isn't zoned for business use.
Celse said the city attorney's efforts were successful regarding his
property, and he has given the tenants notice to leave. For property
owners who aren't as compliant as Celse, Priamos now can use
subpoenas and seek court orders to back them up if necessary.
Priamos said he is investigating a number of dispensaries, but as of
Thursday he had not issued any subpoenas and declined to say which
dispensaries might be the first targets.
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