You've gotta pity the poor, put-upon city officials of Fresno. After all, they've only had 13 years
to suss out Proposition 215, this newfangled medical Marijuana law that's being forced upon their fair city by more progressive Californians. And, heck, it's only been a little over half a decade
since the legislature amplified and clarified the intent of the law with SB 420, opening the door for medical Marijuana dispensaries statewide.
So what have they been doing all that time? It's hard to say, actually. But one thing seems pretty clear: They didn't find much time to study the law.
The city of Fresno is trying to shut down Medmar Clinic, the first medical Marijuana dispensary in town -- along with seven other city dispensaries -- via the monumentally lame move of filing a suit through its city attorneys. But on Thursday, a judge said Medmar did not appear to post an immediate threat to public safety.
"He is not in violation of any law, ordinance, or
regulation," said William Logan, an attorney who represents Medmar's
president, Rick Morse. "He is completely in compliance with state law,
and he is not doing anything wrong."
Could Deputy City Attorney Charlotte Konczal really be unaware of the
difference between federal and municipal government? Perhaps Konczal always wanted to be a federal agent, because she seems quite eager to
enforce federal law (which is an activity completely outside her job
description). Konczal and the city say they don't like Medmar because
it is not in compliance with federal rules. She asked Judge Alan Simpson
to issue an emergency restraining order to close the dispensary.
Konczal , who huffily notes that federal drug laws prohibit the use of Marijuana for any reason, indignantly told Fresno TV station ABC30
"We had two undercover officers actually purchase Marijuana in an
illegal manner, so we feel that is sufficient enough to show there's
illegal activity at this particular dispensary." Wait, they bought pot at a pot dispensary? Horrors!
Judge Simpson delayed making a decision, admitting he is "unclear how to move
forward," but the net effect is that Medmar gets to stay open at least
until September when another hearing is scheduled.