Tuesday, March 23, 2010

Walnut Creek's Only Pot Club Closes

By Jonathan Riley
Tue, Mar 23, 2010 at 2:56 PM

Walnut Creek’s only medical marijuana dispensary, the C3 Medical Cannabis Collective, has closed following a judge’s ruling in February that the club must close by March 23 or face contempt of court charges.
City leaders have been trying to expel the dispensary from the wealthy suburb since it opened last August. Citing a violation of zoning laws, the city has been fining the club $500 a day starting in the fall, and the total bill has accumulated to $60,000. C3 CEO Brian Hyman continued to operate his dispensary despite the fines, until Contra Costa County Superior Court Judge Barry Baskin’s February ruling finally forced him to give up the fight.
In the ruling, Baskin wrote that “operation of a medical marijuana dispensary is not an expressly permitted use under the city of Walnut Creek’s zoning code.” Additionally, as an explanation of the city’s position, assistant city attorney Bryan Wenter said, “There are numerous other sources of medical marijuana in this county and nearby counties. … Our view is there is no denial of access to medical marijuana. This is a land use matter.”

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