Are Marijuana Dispensaries "Stores"?

In tiny Myrtletown, California, the Hummingbird Healing Center is arguing that it doesn't need a conditional use permit to sell weed. The county does not agree.
July 17, 2010, 1pm PDT | Tim Halbur
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Humbolt County is seeking a preliminary injunction against the dispensary because it claims it hasn't received a conditional use permit, which the Center argues it doesn't need because the area is zoned for retail. Next Weds. a Superior Court judge will hear oral arguments.

Chris Johnson Hamer of the defense says in the Eureka Times Standard: "There is nothing to lead a person of ordinary intelligence to believe that a medical marijuana dispensary would not be permitted in the (neighborhood commercial) zone," Hamer said, adding that the county code leaves too much room for discrimination. "There's no notice that if you have a store that sells medical marijuana, that's somehow different than a store that sells anything else.""

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Published on Thursday, July 15, 2010 in Eureka Times Standard
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