City says pot club is illegal | Napa Valley Register

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City says pot club is illegal

Legal filing seeks to shut it down

Tuesday, October 27, 2009

Comment

By ALISHA WYMAN
Register Staff Writer

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The city of Napa has filed for an injunction against a business it says is operating a medical marijuana dispensary illegally within the city.

The city is asking the court to order Kimberly Ann Pelham to close “Going Green” at 735 Eighth Street.

Pelham applied for a business license in May, asking for permission to operate a “retail sales — herbal supplements and organic products” store at 611 Soscol Street.

The city informed her the application was denied July 1, after it sad it learned the business was selling medical marijuana, “a use that was not indicated on the original business license application,” according to court documents.

The Register was unable to contact Pelham at the business or at her home.

The failure to describe the nature of her business completely was a violation of the city’s municipal code, the city says. It informed Pelham she could request the city to evaluate if her business was permitted under Napa’s zoning ordinance.

Pelham made that request on Aug. 4, but the city denied it on Aug. 28, saying that medical marijuana dispensaries are not a permitted use in any zoning district in the city.

An ordinance the Napa City Council adopted in September declaring a nine-month moratorium on dispensaries went into effect on Oct. 15.

Meanwhile, Going Green began operating at the Eighth Street address at least by early October and continues to without a business license or other city approvals, court documents say.

This violates the city’s municipal code that requires businesses to obtain licenses, as well as the ordinance temporarily prohibiting medical marijuana dispensaries, court documents say.

“Defendants’ unlawful operation constitutes a public nuisance” under the city’s municipal code, court documents say.

The city attempted to resolve the issue through letters and other channels, City Attorney Michael Barrett said.

“Because that was ineffective, we’ve now taken it to the court for the court to make a decision,” he said.

A Web site advertises Going Green as a dispensary that offers “alternative medicinal treatments to registered patients with a doctor’s recommendation.” The site says it is compliant with state medicinal marijuana laws.

It lists the Eighth Street address, as well as one in Corte Madera. A woman who answered the Napa phone number listed said the business is still operating.

Court documents include a statement from Napa Police Lt. Brian McGovern, who was assigned to investigate the operations at Going Green on Soscol in mid-July.

On July 23, he went to a Napa doctor’s office who advertises that he provides medical marijuana evaluations, McGovern wrote. He met with the doctor, who gave him a medical marijuana recommendation and asked him for $135.

McGovern went to Going Green several days later and showed his recommendation to a man who answered the door, he said. He filled out forms and entered a back room, where there were numerous glass jars that contained marijuana, he said.

A young woman helped him select a type advertised as “Purple Urkel,” he said. He paid $55 for an eighth of an ounce and was offered a free piece of cake as a first-time customer.

McGovern booked the marijuana and cake into evidence at the Police Department, he said.

In September or early October, he learned Going Green had moved its operation to Eighth Street. He staked out the business on Oct. 16. There, he saw a sign and a similar entryway to the business he had visited on Soscol. An A-frame sign advertised it as Going Green.

During his surveillance, he saw eight to 10 people enter the business. Some left carrying bags similar to the one he was given in July, he said.

The case is scheduled for a hearing on May 1.

68 comment(s)

tiredofcomplainingnapkins wrote on Oct 26, 2009 8:40 PM:

" Wow a cannabis club operating right here in Napa for nearly 6 months and no reports of any robberies, loitering, criminal actvities, and noise nuisances. I guess we can finally put all those stereotypes to rest about cannabis clubs because this club just completely proved those stereotypes are wrong. Seems like the city doesnt need to do any investigating into what could happend if napa opened club, seems harmless to me "

diesel145 wrote on Oct 26, 2009 8:57 PM:

" Why not send the police over to arrest every one involved and confiscate all the illegal drugs? "

Surferem2387 wrote on Oct 26, 2009 9:00 PM:

" This is so ridiculous. Marijuana has been legal in California for some time now. No complaints were made against this place, and frankly it's a shame that Napans can't open their minds. I have a medical marijuana card and frankly it's the best thing that ever happened to me. It solves my chronic pain problems without turning me into a zombie. I never drive when high, I am a full time college student, and I have a 3.2 GPA. Napa needs to stop the sterotypes, and accept that marijuana is a good medicine to the people that need it. "

Bear_the_dog wrote on Oct 26, 2009 9:14 PM:

" Selling an illegal substance is criminal activity, so therefore one cannot say there was no criminal activity going on. Despite what gullible California voters voted on, marijuana is still illegal in the United States of America. If people wish it to be legalized, they need to change the FDA's classification of marijuana from a Schedule I Controlled Substance to a Schedule II or Schedule III, thus being legal when prescribed by a physician. "

jmo wrote on Oct 26, 2009 9:34 PM:

" What a bunch of Hashish from the city.
Can’t the city see the way the winds are blowing from Washington D. C. and the Obama folks? Lighten up!...and give peace (pipe) a chance!!!

I'll smoke to that!

Tireofcomplaining.....you are so right!!! "

chango wrote on Oct 26, 2009 9:34 PM:

" This Lt. McGovern is quite the sleuth! Gee, he has cornered the evil empire of "going green". I most likely drove by Soscol and 8th that day. Maybe he jotted down my license number! Seems like an important policeman could make much better use of the tax payers money by going after some real criminals. Like maybe some anti-gang work or catch some drunk driving tourists. Sounds like they want to harass the doctor as well. Grow up Napa- it's almost 2010. Just let the store buy a business license. "

sickonapkins wrote on Oct 26, 2009 9:37 PM:

" tiredofcomplainingnapkins: Why can't everybody come to logical conclusions based on observations and facts like you and I. Silly me its that darned emotion... "

sickonapkins wrote on Oct 26, 2009 9:43 PM:

" Bear_the_dog: We live in California. Police officers in California enforce California's laws. California law states that Medical Marijuana is legal as long as the rules are followed. Therefore if the rules are being followed CALIFORNIA laws are not being broken. California police officers CANNOT enforce federal laws. "

raybo wrote on Oct 26, 2009 9:45 PM:

" I guess the law the citizens of California, myself included, voted in has no effect if the city doesn't want it. Zoning laws? What business(es) operated at the address previous to Going Green? Did they violate zoning laws? "

Little Lord Fauntleroy wrote on Oct 26, 2009 9:45 PM:

" Once again a group of stoners thinks it is above the law. You can't expect people who smoke pot all day to be upstanding, law-abiding citizens. "

kevin wrote on Oct 26, 2009 9:48 PM:

" Maybe because us "old farts" smoked enough herb in our day and our "observations" of the resulting paranoia and other harmful side effects convinced us that it too dangerous to legalize... "

Mr. Burns wrote on Oct 26, 2009 9:51 PM:

" Obtaining a doctor's prescription under false pretenses can't be legal! Can it?? "

Mr. Burns wrote on Oct 26, 2009 9:55 PM:

" A quick google search indicates that it is a crime to lie to a doctor in order to get a prescription.

On the face of it, the Napa chief of police lied to get a prescription for medical marijuana.

I hope I'm wrong. "

barefoot wrote on Oct 26, 2009 10:14 PM:

" I'm sorry, but Bear_the_dog, is what is the prime example of what is wrong with society. Why does everyone want to be so "politically correct"? That is so '80's. Make up your own mind for once. If everyone should be convicted of every illegal activity, then you should be given 6 months in jail for not using your turn signal Saturday. "

tiredofcomplainingnapkins wrote on Oct 26, 2009 10:55 PM:

" To kevin,

And whats your observation of alcohol tell you? Is that safe enough to be legal? Last time I checked it kills thousands every year and causes domestic problems. I've never heard of marijuana causing any of those problems. I'd much have a society of paranoid people, then a society of drunks driving around and family members physically and mentally abusing other family members "

My2cents wrote on Oct 26, 2009 11:06 PM:

" Grow up Napa. You've made near billions intoxicating the world on the back of a plant you feel is just fine. How many monthly DUI's you pad the coffers with from that? This plant that a corrupt govt official 40 years ago added to the list of sched 1 drugs against the advice of 95% of his staff is far harmful in every single way than what you push on the world. Get over your hypocritical ways. Alcohol in any form worse than pot in every way. I stopped drinking at 25. Stopped smoking Pot at 35. Having done and stopped both I know of what I speak. Pot is only a gateway drug for those predisposed to do more. Booze is exactly the same in that manner. I can buy booze at what I assume is close to 1000 or more places in the valley. When I get gas. Eat. Play pool. Drive on any block in town. Etc. Children are exposed to the ok to booze it up nature of society from early childhood. But because the hobnobboers of the 20's wanted to drink they repealed prohibition. If the elitest in our society were pot smokers you can be darn sure it would be legal too. It is not cocaine like. Nor like meth or herion or LSD or any other drug you throw out there. You say it's stronger these days. 120 proof liqour ring a bell? How bout 151? Just because it is avail doesn't mean everyone goes for it. Almost at my limit so I end with this, be progressive not regressive. The world will not end. Armageddon will not descend upon us. Grow up and don't think your opinion is the only. One that counts. "

napamouth wrote on Oct 26, 2009 11:09 PM:

" Free cake??? Why didn't the NVR post that in advance? Darn! Any left? "

blackpony wrote on Oct 26, 2009 11:21 PM:

" I have my club card an this place was very nice, clean, an you had to call 24 hours before you can show up so there was only 2-3 people in the store at a time and that made it very nice for me i was always in an out... sad to see it go "

napanoir wrote on Oct 26, 2009 11:28 PM:

" Last week the Feds said they will no longer enforce or prosecute states who have passed medicinal marijuana laws such as California. Napa is surrounded by counties that also do not prosecute. (In Sonoma last week, the sheriff responded to a land lord complaint of tenants having more than 300 plants. The DA refused to prosecute.) When will Napa see the light?... "

clean and serene wrote on Oct 26, 2009 11:48 PM:

" Lets get real folks.. this club has been operating for months.. is this the same one called "STARBUZZ"? I know my friends son came home with a flier from that place of what the menu was there.

If you want to get a license and you want a medicinal pot dispensary then go about it the RIGHT WAY! The City Council is going to hold hearings for this in the future.

Pretty stupid and selfish of the people who are already running illegal shops.

If you want to OWN and OPERATE a business in NAPA then DO THE FOOTWORK. Don't do it like this.

I understand compassionate use but this is pretty pathetic of this business. "

firststreetmayor wrote on Oct 26, 2009 11:51 PM:

" So Napa, the city that permits more liquor License's then Oakland wants to shutdown their only one dispensary, let them shut it down, City of Napa will loose the Tax revenue, which I hear is mighty high, and all the people looking for their medicine will either travel to another town and support that city with Taxes, that are much needed at this time in every town or they may now hit the streets of Napa looking for medical marijuana, prompting more street dealers to come into Napa, to deal without a city permit, a zoned retail rental space or the watchful I of our city
police department chief.

good job ?

Right thing for Napa, shut down, injunction ?

First street mayor thinks we should shut down the city of Napa and send home all the dead beats that cost the Napa tax payers for meeting after meeting on this subject .. "

nee_vapir wrote on Oct 27, 2009 12:19 AM:

" Old farts is right! Were not going to try to change your minds but we would like if you old farts would let us make up our own minds and let us do what we want to do. I have a father and don't need more out there telling me what is right when you don't even have all the facts! You think marijuana is bad but you don't read the new medical journals coming out from collages like UCLA, Berkley or other large well know medical research institutions! Who most say Alcohol drinking is worse for you then using THC in any form, also crime studies that say Alcohol drinking has a much higher crime rate then marijuana users!
Point is use facts not your personal ideals to force others to do what you what you think is right! Fact is medical marijuana is legal in the state of CA when state and county guide lines are fallowed hence the fact the cops have not shut her down yet because she is fallowing the guide lines set forth by state and county! Marijuana is a organic product and a herb no one can debate that and that is what her license is for! Semantics it is all in the wording the city should have asked when they gave her the license or have it on there application will you be selling medical Marijuana at your herbal supplements and organic products store! "

hoozcryinow wrote on Oct 27, 2009 12:48 AM:

" Bear_the_dog: If I'm not mistaken, California IS still part of the United States. USA's (Federal) government left it up to the states (ie: California) to decide this issue. The voters may be gullible (after all, the Bush Administration did get elected twice), but the majority of the California VOTERS did give medical marijuana the 'green' light, within certain parameters. My question is this: why is the prescribing Dr. not in trouble? It seems the purpose of Lt. McGovern's investigation was to show that those parameters so voted upon were easily gotten around by unscrupulous individuals who may not medically qualify for the card. If a licensed physician wrote the prescription for a person who really shouldn't have it, why would that physician not be culpable? I guess we can wait and see what happens to Michael Jackson's dr. & then decide that one. The pharmacies who filled all those prescriptions for Mr. Jackson (or Elvis or Betty Ford or countless other prescription drug abusers) never get charged for not checking the judgement of the dr.'s writing the prescriptions. So why would we expect the cannabis club to do so?
Yes, I am an old fart and smoked plenty of weed in my day... I want some of what YOU were smoking Kevin, cos I never observed the resulting paranoia you speak of. As for other dangerous side effects, the closest thing I saw to that would have been lethargy and inability to concentrate. I can see where those side effects would be harmful to teenagers; but hardly could be considered 'harmful' to a cancer patient going through chemo & radiation treatments. By the way, I don't smoke weed anymore and I don't have cancer or a card. "

nee_vapir wrote on Oct 27, 2009 1:36 AM:

" Napa Police Lt. Brian McGovern was wrong when he went to a Dr. and got the medical marijuana recommendation under false pretenses. Going Green broke none selling him his 8th of marijuana he had his card they made him fill out the papers and coped his medical marijuana recommendation card number, selling him well under the legal amount set forth by Napa county! Lt. Brian McGovern did not go after the Dr. for giving him the card when he is not disabled at all!
Kimberly Ann Pelham should take this one to court I feel with a good lawyer it is a case she could win! Not for money but to help keep it so we the people who need THC to help with our medical needs can go to a safe environment like hers to get our meds and not be forced to get it from the streets in a unsafe and unknown situation where a real crime could happen to us! "

napan79 wrote on Oct 27, 2009 6:18 AM:

" I drove by this buisness last week and thought to myself I bet this place is selling pot. The name alone and the type of people that were hanging out in front of the business look very shady. Going Green should have obtained the correct license to run their business, the business should be closed ASAP. "

selim wrote on Oct 27, 2009 6:45 AM:

" The City has been on its own careful, conservative path to decriminalizing pot clubs. It was going to take a while (by their own admissions), and they wanted to make sure all the I's were dotted and the T's were crossed. I'm convinced that they will eventually get there. As a civil libertarian and a supporter of *smart* decriminalization, I believe the City is on the right track.

All the while, this "Going Green" place was operating under a business license that was guilty of lying through omission. It is against the law to operate outside the bounds of one's business license. And operating a pot dispensary while the City performs its due dilligence (legally and fiscally), is irresponsible and risks the entire decriminalization process.

"Going Green" appears to be guilty of enthusiasm, and of not wishing to play by the rules. What about the other people wishing to run a dispensar but have been told to wait by the City? I would imagine that they may also have a hand in this sudden investigation.

Let the City do their job, and I believe you'll see properly regulated and taxed dispensaries before too long. "

nappalachia wrote on Oct 27, 2009 6:48 AM:

" I wonder how many homes were burglarized, drunk drivers drove, etc while this cop was wasting his time. "

NVC wrote on Oct 27, 2009 7:26 AM:

" Unfortunately this is the approach the California Police Chiefs Assoc., Calif. Narcotic Officers Assoc. and the CCPOA have been using. Convincing cities of the dangers, using towns like Arcata as negative examples while overlooking the majority of cities that don't have problems with MMJ dispensaries, and encouraging cities to use moratoriums and zoning to stop them.

Sadly, I don't believe it's due to crime associated with MMJ or 'protecting the children' but rather, the almighty dollar and budgets.

"A 2008 study by Harvard economist Jeffrey A. Miron estimated that legalizing drugs would inject $76.8 billion a year into the U.S. economy--$44.1 billion from law enforcement savings, and at least $32.7 billion in tax revenue ($6.7 billion from marijuana, . . ."(the $44.1B included all drugs)
source:http://www.cabot.net/Issues/CWA/Archives/2009/10/Al-Capone-Barack-Obama.aspx

The prison industry is a huge industry in CA, pro legalization of any kind works against their bottom line.
Here's just one: http://www.correctionscorp.com/
Stock is CXW on NYSE
Another cynical corporate prison view:
http://www.corpwatch.org/article.php?id=853

Typically if you follow the money trail it all starts making sense. "

crooked6pence wrote on Oct 27, 2009 7:42 AM:

" Since when does the City Police and Lt. Brian McGovern investigate activity that has been approved since 1996 by California voters?

At this point the only agency that should be investigating this dispensary, if at all, is the Federal Government.

More disturbing is the fact that Lt. Brian McGovern goes to a doctor, who is not his primary care physician (Doctor Shopping) to obtain a recommendation under false pretense.

Then entered a business using this recommendation to make a purchase he was not truly entitled to make.

Disturbing to say the least... "

jfz wrote on Oct 27, 2009 8:30 AM:

" SOME people say taxes are illegal. So why haven't the mayor, Napa's Board of Supervisors, and every politician, up to and including Obama, come under suspicion? I wonder, will the persons running Napa allow SOME things "illegal", like aliens, as they do in San Francisco? Ya gotta watch out for those little green men, they're everywhere! (No mention of "little green women", but I keep hoping.) "

Garbonzo420 wrote on Oct 27, 2009 8:57 AM:

" Maybe the patients of Going Green should file an injunction against the city of Napa. Better yet maybe we should file a multi-million dollar class action law suit against the city for denying us our legally prescibed medication. What would happen if they told you could not get antibiotics for your kids because CVS filed a misleading application. As a patient who relied on Going Green as a safe, legal means to obtain my medication, I will now be forced to either purchase my medication illegally in Napa, or travel to Berkely or Santa Rosa to fill my prescription. Since I will not purchase my medicne illegaly I will drive to Santa Rosa or Berkely, and due to the 2 hour round trip drive and gas prices, I will purchase larger quantities thus leaving me less money to spend here in the local economy. Smart move Napa. I think all of those who voted for medical canabis in 1996 should remeber this when we go to the ballot box. Vote the bozos out!!!!!! "

cheezcakemaker wrote on Oct 27, 2009 9:02 AM:

" Yeah! Just what Napa needs. More stoners downtown.

tiredofcomplainingnapkin says:

"Wow a cannabis club operating right here in Napa for nearly 6 months and no reports of any robberies, loitering, criminal actvities, and noise nuisances."

However, now that the address has been published, it sure would make an easy target. Maybe the owners have tasers for protection...

Google "Pot club robbery" "

kaye wrote on Oct 27, 2009 9:07 AM:

" I would be interested to know the name of the dr. who provided the prescription, apparently without a thorough examination of the "patient." Or does the officer have a documented medical condition that would warrant the use of medical marijuana? One of the biggest complaints about the use of medical marijuana is the perceived ease of obtaining bogus prescriptions. And that's on the doctors. "

mominapa wrote on Oct 27, 2009 9:20 AM:

" Starbuzz is a smoke shop. It does not sell or distribute marijuana. It sells pipes, vaporizers, jewelry, clothing, posters, etc. No pot. Going Green is a Cannabis Club and sells marijuana in several forms for people who want to smoke or do not want to smoke. There are vaporizers, edibles, clone plants, etc.

I went with a friend and because I do not have a cannabis card, I was not admitted to the room where the pot is sold. We were both asked if we carried or possessed a gun. Did they ask this cop that? He must have lied to get in and I see no mention of paperwork beyond his recommendation from the doctor. Did he have a Cannabis Card? That is mandatory to buy anything in Going Green. They were very careful when we were there. It will be too bad if this place closes down and we are forced to go out of town for our medications. This is nothing but a whole load of road apples and Going Green needs to be left alone to do what it is meant to do - help people with chronic pain, cancer, arthritis, glaucoma and many other ailments which are helped by medical marijuana. Or.... we could all go back to our prescription drugs which we can throw back with a glass of gin and then we can all get in our cars and drive around the valley. Which would you chose? "

detritus wrote on Oct 27, 2009 9:49 AM:

" Great detective work there guys. It's great to see our City coffer is spilling over with ample funding for these much needed special-ops stake-outs. Lt McGovern pulled the lucky straw for this overtime cash cow. I wonder how many other business operating outside of the City of Napa zoning laws will receive the same treatment. I cant wait for the next episode of "Napa Vice" "

winemd wrote on Oct 27, 2009 10:13 AM:

" Thank you, Selim. I agree 100%. Going Green has set back their cause in my humble opinion.

And yes, crooked6pence, I am disturbed that ANYONE could obtain a recommendation on false premises so easily. That is one of the problems that I feel should be addressed before the city allows medical marijuana dispensaries. I agree that there are legitimate needs to fulfill, but the fact is that they can also be obtained too easily for no good reason.

I also feel that businesses should not be denied licenses that they tried to obtain under false premises.

I think pharmacies should be allowed to fill doctors' recommendations for marijuana, not shops or pot clubs that are not as well regulated. They already have the security and licensing. That would make sense to me. "

merri wrote on Oct 27, 2009 10:53 AM:

" What a waste of time. For everyone. I am staying underground. With the exception of "Napa's Second Annual Weed and Wine Pairing'. Last years was great, Chef's Winemakers, Hotel and Buisness leaders and a few of you attended. Over 40 people were allowed in. Lets put this to rest and get on with Weed as a way of life. "

blackpony wrote on Oct 27, 2009 11:10 AM:

" clean and serene starbuzz opend not to long ago so pls lets not give it a bad name it doesnt sell drugs... "

gemini wrote on Oct 27, 2009 11:23 AM:

" i think you are right mr. burns. good call "

clean and serene wrote on Oct 27, 2009 11:38 AM:

" Oh you are right.. Starbuzz was not the place.. it was the shop across the street.

However, do we really need another Smoke Shop in Napa? Another place that sells apparatuses? C,mon!

I think it is pretty tacky. After all the work the Soscol corridor has done and we have a "smoke" shop there. Geez

And I still say Shame on going green! Shame! You should have waited and done the footwork! "

yerbotherinme wrote on Oct 27, 2009 11:39 AM:

" OK, so the hippies all became politicians and now look what you've got. If you want to make sure that organized crime doesn't move in on this business, then you have to pass a municipal ordinance taxing the quantity purchased and have full audit capability and spot checks on the tax revenues weekly. Tax deposits must be brought into the City Hall every week. Start with a tax of $1000 per ounce. Also, set up a business tax on anybody that prescribes "medical" pot. That would be right priced at about $1000 per prescription issued (quack, quack). You'll either have less traffic at these pot clubs which, eventually, will cause gang turf wars for the revenues or you'll make tons of city revenue. Either outcome is going to upset the hippies and make the rest of the community just smile at their silly addiction to "tuning out" of life. "

winemd wrote on Oct 27, 2009 11:57 AM:

" sorry, typo in my post:
I also feel that businesses SHOULD be denied licenses that they tried to obtain under false premises. "

random name here wrote on Oct 27, 2009 12:09 PM:

" I'm fairly certain I know how the Police Officer's Union would feel if some citizen attended their academy, received all the training, passed every test, and then published a public expose' on all of their training, techniques, and procedures. Including all the "implied" methods of enforcement.

Of course, if some citizen were to do this they would not be breaking any laws.

I bet officer McGovern never once revealed that he was a police officer conducting an investigation. If the police are OKay with using false pretenses within the boundaries of the law then they should have no complaints about citizens doing the same. "

Skip M. wrote on Oct 27, 2009 12:26 PM:

" Didn't the City recently approve a medical marijuana operation?

Way to get up with the times (1950's style). "

bdnf wrote on Oct 27, 2009 1:36 PM:

" Bear the Dog said "Despite what gullible California voters voted on, marijuana is still illegal in the United States of America."

Wow - I hope you're not an attorney practicing in California, Bear!

You might start by googling some recent decisions of the California Supreme Court pertaining to lawsuits by San Diego County among others using that same old tired Federalist argument. "

oneworld77 wrote on Oct 27, 2009 1:43 PM:

" This plant, created by the same creator who created you, is natural- It has not killed anyone, it does not create violence- in fact it makes people passive. DUIs? Find me one. Addiction? No. The only reason anyone is in rehab as an addict, is because the state calls them one once busted...legally or illegally. BTW- Cannibus is NOT illegal.
Cannibus clubs are around because the state government has allowed it to be- Now if BO says that the feds will turn the other cheek to small medical shops, what gives napa lawmakers the right to invent a reason? It wasn't zoned correctly? YOu mean to tell me, that this person got a business license, opened a shop, and was asked to close it down because the license wasn't filled out correctly? Why not amend the license? This was obviously not an option, otherwise they wouldn't have changed locations.
The police officer in this story is precisely the reason why there will always be pushback.... While the cops have it easy going to stores that have legal pot iin them, they are missing the guys who are breaking into my cousin's house, stealing cars, or worse. Obviously drug wars do exist, but small town pot clubs and dealers exist too, and by lumping them in with murderers, rapists, and pushers of other drugs is a misallocation of taxpayer dollars, and neglect of real crime. Instead, Napa will keep its smalltown head where the sun don't shine, and the old money will again fillibuster another decsion. When there is no power, stall. Yet again.

Don't worry, there are other pot clubs arleady moving in and speaking with commercial RE agents in town. Better knock back that piece of cake officer, and get to work! More evil lurks! "

John Richards wrote on Oct 27, 2009 2:01 PM:

" Whether medical marijuana is legal in California is not the point. The point is that the city has a right to enforce its business zoning laws. "

John Richards wrote on Oct 27, 2009 2:07 PM:

" Burns wrote: "Obtaining a doctor's prescription under false pretenses can't be legal!"

It's not a prescription. California's marijuana law is so lax that anyone can get a note from a doctor saying they would benefit from medical marijuana. The law is a joke, and no wonder the feds are contemptuous of it. "

Paddy wrote on Oct 27, 2009 2:17 PM:

" Well. This puts more stoners on the road going, card in hand, to the nearest dispensary and back. Smart? "

vocal-de-local wrote on Oct 27, 2009 2:21 PM:

" Let the pharmaceutical industry distribute it. "

post-it wrote on Oct 27, 2009 2:25 PM:

" I will not argue whether medical Marijuana has benefits.

However, the demand for illegal pot fuels criminal activity. Grow houses destroy rental properties - look at Arcata CA, and you will see that it prices people out of homes, and destroys private property. Grow houses steal power from the power company, and put burdens on public safety because of their unsafe wiring. Cartels grow illegally on public land and destroy national forests, national parks state parks as well as private property. In order to protect their drug turf, gangs purchase illegal weapons and enforce their own "laws". All of these problems are caused by the demand for an illegal product. The fact that anyone can visit a doctor who will write a recommendation for "headaches" does not help this situation.

How can citizens be assured that pot sold in medical marijuana dispensaries is acquired "legally" and not supplied from grow houses or drug cartels? I think the current law is flawed and needs a significant rewrite. The supply and distribution needs much tighter controls than those currently in place. The idea that controlled substances be sold in registered pharmacies is a sound concept. These drugs should be under the same scrutiny as any prescription drug if it is to be sold for medicinal purpose. "

hisownself wrote on Oct 27, 2009 2:29 PM:

" But keep the booze and cigs leagal, baby. "

sickonapkins wrote on Oct 27, 2009 2:56 PM:

" vocal-de-local: That's just about the worst thing to do. If that were done there would be commercials advertising for medical marijuana every commercial break. Rx companies already make more money than you could believe and control many aspects of this country. I'd prefer they don't get anymore powerful. I'd actually prefer that Rx companies become LESS powerful. We need to break their grip on us not tighten it. "

oneworld77 wrote on Oct 27, 2009 3:09 PM:

" John Richards, please tell us where in Napa it is zoned for this sort of business? If it isn't, what does it take?

This is not the 'chicken or the egg' argument here in Napa. I'd like to reiterate the higher power that continues to laminate this red-tape with teflon, as quoted by NVC:

"A 2008 study by Harvard economist Jeffrey A. Miron estimated that legalizing drugs would inject $76.8 billion a year into the U.S. economy--$44.1 billion from law enforcement savings, and at least $32.7 billion in tax revenue ($6.7 billion from marijuana, . . ."(the $44.1B included all drugs)
source:http://www.cabot.net/Issues/CWA/Archives/2009/10/Al-Capone-Barack-Obama.aspx

The prison industry is a huge industry in CA, pro legalization of any kind works against their bottom line.
Here's just one: http://www.correctionscorp.com/
Stock is CXW on NYSE
Another cynical corporate prison view:
http://www.corpwatch.org/article.php?id=853 "

brownstain wrote on Oct 27, 2009 3:15 PM:

" "Napa Vice", way to clean up the town! "

UpstandinginNapa wrote on Oct 27, 2009 3:37 PM:

" Until an Ordinance can be created to allow the dispensary to legally operate it is considered "illegal". Simple legal fact.
I utilize their services because I was diagnosed with breast cancer and am undergoing chemotherapy. If you have never felt th eeffect of chemo, you have NO IDEA how awful the body reacts to the drugs and how a simple piece of cake, brownie, or single hit of marijuana takes away the intense bone pain, joint pain, and nausea that ensues. Until a few months ago I was a working gal without a history of drug use. I still think I am- this is a medicine. When I am healed I wont need it anymore. Let's allow compassion to rule in this case, assist the dispensary with obtaining a license which will suffice City rules and use that tax money to teach young people the difference between medical use and abuse. "

just sayin wrote on Oct 27, 2009 4:09 PM:

" Just want to say that it's quite decent of the club to provide the marijuana and take care of the munchies at the same time. No 7-11 stops! "

pharper wrote on Oct 27, 2009 5:24 PM:

" To everyone who keeps yelling that alcohol is more dangerous than marijuana - no one's disputing that. But can you think of a plausible way to criminalize drinking at this point in time? I can't. Marijuana, however, is currently illegal, and many people (myself included) would prefer it stay that way.

Winemd - I think you're absolutely right; medical marijuana should be distributed at a pharmacy, where there are already provisions in place for the distribution of prescription drugs. It only makes sense that something that requires (or should require) a PRESCRIPTION should be distributed with other prescription drugs. "

Wine Nurse wrote on Oct 27, 2009 6:42 PM:

" What would warrant the use of medical marijuana?

Cancer, Chronic pain, headache,l, being underweight , hang nail? "

John Richards wrote on Oct 27, 2009 8:48 PM:

" You wrote: "What would warrant the use of medical marijuana? Cancer, Chronic pain, headache,l, being underweight , hang nail?"

Under current California law, all of the above and then some. It's completely up to the discretion of the doctor, who just wants to collect his $135 fee. Which is why the current law is such a stupendous joke that it needs to be corrected before any dispensaries are authorized. "

napaoldguy wrote on Oct 27, 2009 9:05 PM:

" It works great for stress, and you don't have to smoke it all day. Just a couple of hits at the end of your day works wonders.
If the city worries about code enforcement, how come the taco trucks all over town don't have city permits or adequate parking,or restrooms for their employees? "

college student wrote on Oct 27, 2009 9:48 PM:

" Ok Napa lets get it straight...this dispensary is clean, professional, and upscale, unlike no other dispensary I have ever seen before. Why in the world would anyone want to deny sick patients their medicine. Cancer patients rely on their medicine to eat. What if you could not eat? How would that make you feel? Napan 79 is completely wrong. Shady people? You have to be at the wrong location.
Just to clean up the rumors GG does not have any type of loitering in front of their facility at any time. "

nee_vapir wrote on Oct 27, 2009 11:42 PM:

" I was in a motorcycle accident witch put me in a coma from a closed head injury, I had a broken neck and 23 broken bones and told I wouldn’t walk again I still have 3 bone fragments near my spine and live in pain, every day is just a struggle to get out of bed I have to sit in a special office chair to keep the pain down and I can’t sleep unless I am beat tired cause of pain! I can’t drive so have to hire someone just to drive me to DR witch I have to see all the time and they put me on pain pills that make me lethargic and sleep all the time and side effects like killing my kidneys, blurred vision lets not forget the fact I have to take more and more as time goes by because of tolerance levels and the list goes on! I have given up on the pain meds my Dr’s put me on and got a medical marijuana recommendation card and smoke some and not all the time but I buy some and use at night when the pain is bad and for the rest of the month I can function! So when people say they think pot is bad please go take Vicodin or morphine 3 times a day for a month, then smoke a ½ OZ of marijuana a month and see witch one you would rather live with! I’ll take the marijuana thank you and my life is much better for it just ask my Girl friend or her kids. "

vegan4life wrote on Oct 28, 2009 10:29 AM:

" There are more pressing matters in Napa than going after businesses who fail to give their money to the City for a license.
And more pressing matters than closing down a medical marijuana site.

I want my taxes back. "

Lexme2 wrote on Oct 28, 2009 2:00 PM:

" And once again Napa goes back 20 years in evolution. Maybe it will take one these "decision makers" to become extremely ill to realize the benefits. Apparently these politicians believe they know more than medical professionals, what a joke. Next they will move on to your profession and tell you what is what despite the fact they have done no research in the matter. Even Vallejo has made smarter decisions than this. What does that say about Napa. I do find it funny, no crime at this place and that is what all the whiners kept saying would be the problem, WRONG AGAIN! Do you ever get tired of being wrong? Keep beating your head against the wall and telling yourself it doesn't hurt. "

sickonapkins wrote on Oct 28, 2009 4:15 PM:

" I just don't understand how people are ok with taking synthetic heroin if it's prescribed by a doctor but are completely against marijuana being used to treat that same ailment. I don't know about you but I'd rather smoke or ingest something that doesn't have the capability of killing me or destroying my internal organs if the doses are messed up. People need to wake up and realize that medical marijuana is vastly safer than countless drugs Big Pharma puts out to treat conditions. "

People Should Think wrote on Nov 3, 2009 12:48 AM:

" I found the following in the second paragraph of the Napa Police Law Enforcement Code of Ethics,

“I will keep my private life unsullied as an example to all; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life.”

So how does one go to a doctor under false pretenses in order to obtain a drug prescription and maintain an unsullied private life while being honest in thought and deed?

Unless it was not a private act and totally at the direction of the police department.

If that was the case, than was the false pretenses given to the doctor in order to obtain the prescription legal? Should the officer obtaining the prescription and his supervisor be cited for unlawfully securing a drug prescription?

Why are obtaining a prescription and buying drugs required when the unlawful act under investigation is related to zoning and licensing laws and not relating to the drug itself?

Why are my tax dollars being spent on busting a legal distributor instead of drug dealers selling illegal drugs?

Most importantly, is the service of providing Napa’s population with a legal avenue to marijuana undermining the power of criminals and lowering gang activity while providing tax revenue to the city?

Unfortunately, my best guess is the Napa pot business was exclusively earmarked for some of our board members’ favorite kickback/land developer friends.

As the real estate development engine has run out of gas, I would imagine the dark rooms of the courthouse are abuzz with how and who to give the legal pot distribution rights too to ensure plenty of election funds going to the proper incumbents. "

thoughtank wrote on Nov 17, 2009 11:01 PM:

" Really...the city of Napa should encourage safe, legal dispensaries of medical marijuana. They are probably dragging their feet to enact a very restrictive ordinance that will require extraordinary criteria for a dispensary to meet before it can be approved for a license. What a bunch of stupid prigs.
If medical marijuana is legal, isn't the city's inaction restraint of trade? "

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