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Old 02-12-2010, 01:20 PM
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Default Monterey Medical Pot Dispensary Faces Lawsuit

MONTEREY, Calif. -- The city of Monterey said it has exhausted all other options and is now hoping a judge will be able to shut the doors on the Mycaregiver Medical Marijuana Cooperative.

The city filed an injunction against the clinic on Monday calling it a public nuisance. The papers were served to one of its directors early Wednesday.

"It's kind of rude to basically call a group of 500 patients who haven't caused any disturbances in the neighborhood, a nuisance," said cooperative director Jhonrico Carrnshimba.

City attorney Deborah Mall maintains after the clinic ignored city law, including a cease and desist order, there was no choice but to go to court.

"We can only get police involved if courts tell us they have to shut their doors," Mall said.

"I'm sure the courts will respect California law and favor us because we're all lawful citizens running this organization," said cooperative director Francisco Cabellero.

Caballero said the clinic holds strict standards on both members and their behavior.

"[There is] no consumption of medicine within 1,000 feet, no sharing of medicine, no redistributing," Cabellero said.

The directors said they were truthful about being a healthcare cooperative that offers herbal remedies, but city manager Fred Meurer harbors some doubts about the motive of the three clinic directors, adding that their monthly pay of $10,000 doesn't help.

"We're dealing with patients on a regular basis. We definitely deserve to have compensation, that's allowed by the law," Carrnshimba said.

The issue transcends questions of legality, to those of morality.

"There are folks that have gained access to products from that storefront that were not bona fide patients," said Meurer.

"We didn't ask for our diseases and symptoms. We're just trying to treat ourselves and help each other as best we can," said cooperative director Marc Rowland.

On Feb. 16, the City Council will decide whether to extend the moratorium to a full year. The city attorney said the moratorium will apply to Mycaregiver because its application was invalid.


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