Judge orders shut-down of Lighthouse Ave medical cannabis co-op.
Friday, October 8, 2010
Monterey County Superior Court Judge Lydia Villarreal ruled that the city of Monterey's temporary ban on medical marijuana facilities means My Caregiver, the Lighthouse Ave medical marijuana co-op, which has been operating for nearly a year, must shut down. But the judge's permanent injunction isn't so permanent. It's only in effect as long as the city's temporary ban on pot shops, which expires in January 2011, is in effect.
The city enacted the temporary ban early this year to give staffers time to craft regulations that would govern medical marijuana in the city.
Richard Rosen, the attorney who represents My Caregiver, says his clients will appeal the judge's ruling and request a stay of her order while the appeal is pending.
"We're in this for the long term," Rosen says. "The city has consistently violated [the state's medical marijuana law]. If they have to be dragged kicking and screaming into the 21st century, we'll be happy to help with that."
Rosen wouldn't say whether My Caregiver would continue to operate once the judge's order is finalized.
The Monterey City Council is set to discuss its medical marijuana moratorium at its October 19 meeting, according to Christine Davi of the city attorney's office. The council is likely to hear from staff on their progress in crafting regulations and could extend the temporary ban. Or Davi says, they may want to wait to see whether voters approve Prop 19, the November ballot initiative that would legalize pot for recreational purposes.