California, Claremont

[Midnight toker]

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Medical marijuana dispensary opens in Claremont

The Claremont Courier
September 30, 2006

<table class=posttable align=right width=300><tr><td class=postcell><img src=bin/kruse_darrell.jpg width=300></td></tr><tr><td class=postcap>Mr. Kruse tends to his marijuana plants growing under florescent lights at his medicinal marijuana dispensary in Claremont.</td></tr></table>The council proceeded to pass its moratorium as expected, but Mr. Kruse said he has no intention of shutting down, and his medical marijuana dispensary is now open for business in Claremont.

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City staff is taking a wait-and-see approach regarding Mr. Kruse’s establishment, deferring most questions to City Attorney Sonia Carvalho. Because the dispensary is currently operating without a business license, Ms. Carvalho said, the city can go to court to force him to shut down.

“We have not issued a business license to this operator, and that means that he currently operates one of these storefronts or cooperatives without a business license, and is in violation of our municipal code,” Ms. Carvahlo said.

The city will issue Mr. Kruse a notice that he needs to stop operating his business because of the code violation, City Manager Jeff Parker said, and if he does not, the city will “go into court as fast as we can on this to try to get an injunction,” he said.

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Late Wednesday afternoon, Mr. Kruse invited the COURIER to his medical marijuana dispensary—named Claremont All-Natural Nutrition Aids Buyers Information Service (CANNABIS)—for an interview and a photo shoot.

Approaching the front door of the business park’s suite 5, one business-operating necessity is notably absent—a sign. After a knock, Mr. Kruse swung the door open, removed a red lollipop from his mouth and greeted his visitors with a wide grin.

To say that his dispensary is sparely decorated would be an understatement.

There is only one painting or picture hanging from the wall—a painting of an old west saloon brawl—and two wide ceiling-high bookshelves are completely empty.

There is one pea-green loveseat, two small receptionist desks and 3 chairs.

A brand-new copy machine rests beside a desktop computer, and the copy machine box is being used as a TV stand.

One side room houses his marijuana products, and another room contains 13 small plants—with names such as “Cherry Bomb” and “Sour Diesel”—that are currently growing under a florescent light.

He explains his red lollipop: It’s called a couch pop, he said, and it has cannabis in it, so it has similar effects as marijuana. “Very tasty,” he said. “No medicine taste at all.”

Couch pops are just one of several items that he provides to the two patients for whom he serves as caregiver at his Claremont location. He has 5 additional patients at a dispensary in Canyon Country.

He also sells plant cuttings, edibles and traditional dried marijuana.

Mr. Kruse considers himself part of a larger medical marijuana movement, and advocates legalization of the drug. He is also passionate about what he says are the legitimate medical uses for the drug.

“I know that cancer, AIDS, and a significant number of other diseases affect the ability to take in nutrients, to nourish yourself,” he said. “The reason it does this is that the opiates and pills you have to take for the pain disrupt your stomach and destroy your liver. Radiation therapy causes severe nausea. Marijuana alleviates the nausea. It allows you to eat, and it allows you to keep the food down.

“That is why I am an all-natural nutrition aid. It aids in the intake of nutrition by allowing them to keep the food down. It also allows people to work. Imagine if you wake up every morning with a stomach that just is in spasms, or is nauseated, or makes you feel as if you just can’t get on with your business. And then after whatever, a couple of minutes, you feel much more at ease and able to do whatever you need to. And you can conduct your business.”

Mr. Kruse is also a licensed medical marijuana user. He medicates himself with the drug to treat nausea and pain, he said.

“People don’t know how sick I am,” he said. “I was on disability, federal disability, for a few years. And now I’m back at work doing things, and I’m no longer on federal disability.”

By opening his facility without a business license, and sneaking its opening date in less than two weeks before the city passed its moratorium, Mr. Kruse is bracing for a legal fight.

He has been in contact with attorneys, he said, and has had previous run-ins with unwelcoming cities and has learned much from his past legal battles.

He is confident that he conducted the process of opening the business in Claremont properly, by giving the city 45 days to respond to his request for a business license. After the 45 days passed, he opened his business with the belief that because such establishments are legal within the state of California, he has the right to open a medical marijuana dispensary in the absence of city regulations.

“I have a defense against every one of their arguments,” he said.

California voters approved the legalization of marijuana for medical use in 1996, as Prop. 215 is intended to shield medical marijuana users from federal prosecution.

However, the federal government does not recognize any appropriate legal use of the drug, and several California cities have successfully fought to keep out medical marijuana dispensaries such as Mr. Kruse’s.

One city in the midst of a legal battle over an existing medical marijuana dispensary is Corona, whose city attorney is the same as Claremont’s—Sonia Carvahlo of the Best, Best and Krieger law firm.

At the mention of Ms. Carvahlo’s name, the pitch in Mr. Kruse’s voice rose, and he spoke louder.

“That’s why I’m here, OK,” he said. “Best, Best and Krieger, they are harassing [the operator of the dispensary] over in Corona. They have no right to harass him. They should have learned from harassing him, but they don’t wish to learn.

“I am here basically in sympathy of him. I looked it up, I found this place has the same attorney—that’s why I gave them 45 days notice. I said to myself, ‘I’m going to see if this attorney knows what she’s doing. I’m going to give them 45 days notice, I’m going to tell them I’m doing the exact same thing as the guy over there,’ and see what she does to protect this city. She did nothing for 45 days, that’s what she did.”

Ms. Carvahlo did not return COURIER phone messages before deadline.

Mr. Kruse continued: “I came here because this city is on the border of San Bernardino [County], this place is close to my house, and this city’s attorney is the same city attorney in Corona, and I’m pretty sure she is going to learn,” he said. “I was surprised [Tuesday] night when I heard her talk. I realized that she isn’t going to learn from her mistake in Corona, that she’s going to pull the same mistake here.”

However, no action by the city can be prompted by the city attorney alone. It will be the council’s decision whether it wants to fight Mr. Kruse.

Mayor Peter Yao said Wednesday in a phone interview that at the moment he is happy leaving Mr. Kruse alone, though any complaint from a resident about the establishment should be met with strident action from the city.

“If a citizen brings it to our attention, then somebody has made the decision for us, and we will definitely address it,” he said. “ … If there is a complaint, then we have no choice but to act on it.”

For more information on CANNABIS, Claremont’s newly opened medical marijuana dispensary, contact Mr. Kruse at 399-9420, or visit the location at 630 S. Indian Hill Blvd., Ste. 5. Opening hours are 10 a.m. to 5 p.m., every day of the week but Sunday, Mr. Kruse said.

“I expect to have a lot of Claremont patients

[budman]

by Ann Sagan

The Student Life
Tuesday, September 26, 2006

City Places Moratorium on Medical Marijuana Dispensaries

On Tuesday evening, Claremont City Council voted to place a moratorium on local dispensaries which sell medical marijuana within Claremont city limits. The vote will suspend the ability of distributors to open establishments in Claremont. During the period of moratorium, the city claims it will seek to establish city regulations regarding medical marijuana dispensaries.

Daniel Kruse, a Claremont city resident, spoke at the council meeting on Tuesday on behalf of the dispensary, Claremont All-Natural Nutrition, that he operates on Foothill Avenue. In his statement he claimed that he had applied for a permit for his dispensary, received no comments from the city after 45 days, then proceeded to open shop. The Claremont Courier reports that the city does not intend to prosecute Mr. Kruse unless complaints concerning his business arise.

The council members were unanimous in their decision to impose the moratorium. Although federal law prohibits the possession of marijuana, California passed proposition 215 in 1996 which protects medical marijuana users.

[budman]

Medical marijuana doctor opens up shop in Claremont

Will Bigham
The Claremont Courier
October 7, 2006
<blockquote>
<big><span class=postbold>Establishment joins marijuana dispensary as city braces for possible legal battle</span></big>
</blockquote>


<table class=posttable align=right width=300><tr><td class=postcell><img class=postimg src=bin/claremont_dispensary.jpg width=300></td></tr><tr><td class=postcap>With a medical marijuana prescription, now available from a new doctor in Claremont, patients can purchase canisters of medicinal marijuana, as pictured above.</td></tr></table>A medical marijuana physician has begun issuing prescriptions at a newly opened Claremont office, the COURIER has learned, the announcement being the second in as many weeks that a medical marijuana facility has set up shop without the city’s consent or prior knowledge.

Madison Burbank Medical Center, located on the 600 block of S. Indian Hill Boulevard, has already sent one patient to the dispensary that opened in Claremont about 3 weeks ago.

Pro-marijuana forces are bracing for a battle with city hall, as city officials maintain that the operations are subject to city regulations.

Marijuana activist Darrell Kruse announced the existence of his dispensary at the most recent city council meeting, where the council that night issued a moratorium on medical marijuana dispensaries. Despite the moratorium, Mr. Kruse remains open and has pledged not to shut down.

The dispensary is operating without a business license, and as such is in violation of the city’s land use code, City Attorney Sonia Carvalho said.

“I have advised the city to address the matter in the same way it would any other case where a person is operating a business without a business license and in violation of the city’s land use regulations,” Ms. Carvalho said vie e-mail.

“If an individual opens an auto repair shop in Claremont without a business license and in a zone where the operations are not permitted, the city would seek to enforce its rules and regulations. Mr. Kruse appears to be saying that for some reason the city cannot enforce its business license and land use regulations when it comes to his operations. He is wrong.”

City hall’s next step will be to send a letter to Mr. Kruse demanding that he cease his operation, City Manager Jeff Parker said. Should Mr. Kruse refuse, the city could then issue him a citation.

But if nothing came of that, and the establishment remained open, the city would have to go to court to force Mr. Kruse to close down, Mr. Parker said.

Any city effort to enforce its regulations through court action would have to be sanctioned by the city council, Mr. Parker said.

“Consistency in enforcing the law is very important to me,” Councilman Corey Calaycay said. The council has passed an emergency ordinance for the moratorium, and “it must be enforced,” he said, otherwise it is meaningless.

“We have to go to court with a lot of other people who violate various city codes,” he said.

“I think we all want to make a decision on this as quickly as possible,” Councilwoman Sandy Baldonado said.

Reached by telephone Wednesday afternoon, Mr. Kruse was tending to a new patient, who had just received his prescription from the medical marijuana doctor down the street. With the addition of a new patient, the dispensary now has 3 regular patients, he said.

He repeated his pledge to remain open despite resistance from city hall, maintaining that the city has “no way to win.”

“I don’t think they want to tread on me,” he said. “It’s a fight they can’t win, so why waste the money?”

Mr. Kruse said he opened up his establishment in Claremont in part because Ms. Carvalho, Claremont’s city attorney, works for the same law firm as the city attorney in Corona, which is engaged in a similar battle with a medical marijuana dispensary.

The medical marijuana movement is so large, Mr. Kruse said, that “if Sonia really wants, we can pack the city council chambers with people with signs that say: ‘Dump Sonia.’”

[palmspringsbum]

Marijuana doctor defies city, issues prescriptions without business license


The Claremont Courier
October 14, 2006

The doctor whose Claremont clinic has been issuing recommendations for medical marijuana patients has not yet received a business license to operate in the city, and officials say they will “most likely” have code enforcement send her a letter demanding that she stop.

“In the case of the business that they’re operating, they should wait until they have a business license from the city to operate in that location,” Assistant City Manager Tony Ramos said.

Despite the clinic’s preemption of city law in issuing recommendations without a license, city officials say the doctor eventually will be issued a license, as the operation does not violate any city codes.

“She’s a doctor; she has a right to open a business,” City Manager Jeff Parker said. “Issuing prescriptions is not against the law.”

Approval of the license is still pending, Senior Accounting Assistant Candice Ponce said, as it is still awaiting approval from the planning department, but she said it would “most likely” pass.

“The way the application was submitted, it came in as a doctor’s office,” she said. “Under the description, there is nothing in our code that would cause us to deny it.”

In its dealings with the clinic, the city has no choice but to allow it to operate because the issuance of medical prescriptions is a matter of state law, City Attorney Sonia Carvalho said.

“The city may not pass laws where the state law has already addressed the issue, unless the state law expressly authorizes the city to also regulate in the area,” she wrote in an e-mail.

The clinic, Madison Burbank Medical Center, is operated by Dr. Sharon McBeth, who listed a Newport Beach address on her business license application. The doctor also operates other medical marijuana clinics in the region, according to Darrell Kruse, who opened a dispensary in Claremont last month.

According to the Medical Board of California, Ms. McBeth graduated from Dartmouth Medical School in 1981, and has been a licensed physician in the state since 1983.

She declined a COURIER request to be interviewed on Wednesday.

“The doctor does not want to interview right now,” said Don Houston, the clinic’s office administrator, who said Madison Burbank was far different than Mr. Kruse’s dispensary.

“I don’t even think we are in the same bracket with them,” he said. “They are a dispensary; we just have an office here to evaluate people. That’s what the doctor does.”

Though the clinic is just down the street from the medical marijuana dispensary, on the 600 block of S. Indian Hill Boulevard, both the clinic and Mr. Kruse deny that there was any coordination in setting up either operation.

—Will Bigham

[palmspringsbum]

A patient in Claremont

The Claremont Courier
October 17, 2006


Rob Shively, longtime medical marijuana user, celebrates dispensary close to home

<table class=posttable align=right width=300><tr><td class=postcell><img class=postimg width=300 src=bin/shively_rob.jpg></td></tr><tr><td class=postcap>Claremont resident Rob Shively, who has used medical marijuana for two years, is delighted that a dispensary has opened in Claremont. </td></tr></table>As the debate between city hall and the operator of Claremont’s medical marijuana dispensary has played out, often lost in the discussion have been the medical marijuana patients themselves.

One patient, Claremont resident Rob Shively, has used medical marijuana for two years to treat chronic pain, and for him, the dispensary in Claremont is a blessing. No longer must he drive 20 miles or more to get his marijuana—he can now pick it up in the city where he lives.

“That dispensary is so discreet,” Mr. Shively said. “There are no signs on the road. You can’t get in without a doctor’s recommendation. …

“I just think it’s helping patients like me. It’s easier with it closer. I can drive two miles or I can drive 20 miles.”

On Tuesday, the city council will be in a position to make its initial determination on whether it will allow medical marijuana dispensaries to operate in Claremont. Last month the city placed an emergency 45-day moratorium on such establishments, but medical marijuana activist Darrell Kruse had beat them to it.

His dispensary, on the 600 block of S. Indian Hill Boulevard, opened about two weeks before the council issued its moratorium, and he has since resisted city demands that he close. Currently he is operating without a business license.

Despite his troubles with the city, Mr. Kruse has quietly, but successfully, established his dispensary.

Though he started with only two patients, he now provides medical marijuana to more than 10 people from the area, including several Claremonters such as Mr. Shively.

Mr. Shively, 36, grew up in La Verne and moved about 10 years ago to Claremont, where he is raising a family. The story he tells about his path to medical marijuana use is common among patients.

About 4 years ago, he was leaving his doctor’s office in Rancho Cucamonga in the middle of a rainstorm. He slipped and fell down a set of uncovered rain-slicked steps, and the tumble ruptured 8 disks in his spine.

Following the accident, his pain was “severe,” he says, and for medication his doctor prescribed Vicodin (150 pills a month), ibuprofen and a host of other pills. The medication helped relieve the pain, but it took a toll on his stomach. He experienced extreme stomach pain and lost more than 40 pounds: “All that gave me an ulcer,” he said. The pain put him on medical leave from work, and he was routinely throwing up blood.

So about two years ago, on a recommendation from a friend, he decided to look into the possibility of obtaining a medical marijuana recommendation from a doctor. He had used the drug previously in limited amounts to help alleviate asthma problems, but he wanted to be able to use the drug without fear of being caught and charged criminally.

Since receiving his medical recommendation, the drug has helped limit the pain from his accident and has allowed him to work and feel normal. His ulcers no longer flare up as often and as painfully, and a stronger stomach allows him to take his pain medication as well.

“I’ve been back to work for a year now—that’s the main reason it’s been effective,” he said. “I wish people would recognize the medical value, and not focus on a law that was passed in 1937” that outlawed the drug in the United States.

Since Mr. Kruse opened his dispensary, Mr. Shively has been able to avoid a 20-mile drive out to Hacienda Heights, or a 35-plus mile drive to Los Angeles to pick up his medication. He’s already visited Mr. Kruse’s Claremont dispensary twice.

“It’s great, Darrell’s a really nice guy—very helpful,” he said.

He was also pleased to learn that a doctor who is issuing recommendations has opened up a clinic in the city. His prescription expires at the end of the month, and he plans to visit Claremont’s new marijuana doctor to renew his recommendation.

“I don’t like dealing with drug dealers,” he said. “This is just like dealing with my doctors on my prescriptions.”

But not everyone in Claremont agrees with what Mr. Shively considers the obvious benefits of a dispensary in the city. One such letter-writer to the COURIER, who said she wanted “the city council to do everything possible to get them out of here,” was Jan Shively, his mother.

“Our children are confronted on a daily basis with illegal drugs, and now we’re housing a so-called ‘legal’ drug dispensary in Claremont?” she wrote. “What is the council’s thinking on this? You have not hesitated to speak out on far less important issues, but now you remain silent?”

Rob Shively, disappointed when he read his mother’s letter to the editor in the newspaper, contacted the COURIER because he wanted to tell his story, and also in part to rebut some of his mother’s claims.

“It’s just so absurd to think that this could affect our kids in Claremont,” he said, adding that he was more concerned with sex offenders who live in the city, including one just down the street from his family’s home. “I don’t think [medical marijuana] will ever get into the hands of children.”

Mr. Shively insists that he consumes the drug safely—he said he never drives immediately after using the drug—and he’s looking forward to being able to pick up his medication in Claremont for years to come.

“I think it’s great for patients who live out here,” he said. “There’s not too many places around.”

—Will Bigham

[palmspringsbum]

Legal battle looms as dispensary pledges to remain open

The Claremont Courier
October 21, 2006

City officials worked frantically the past week in an effort to force Darrell Kruse, the operator of Claremont’s rouge medical marijuana dispensary, to cease his operation—which is currently open though it has not been granted a business license.

The city and Mr. Kruse now appear to be on a collision course that will lead to court action, as city council members repeated their desire for him to cease his operation, and Mr. Kruse pledged to remain open despite repeated city demands that he shut down.

Referring to the conflict as a “crisis situation,” Councilman Corey Calaycay said he is prepared to take Mr. Kruse to court, and is prepared to authorize the expenditure needed to do so. Two other council members who were willing to speak on the record echoed his sentiments.

“We have a policy in this city that businesses need to be licensed, and [court action] may be our only recourse,” Councilwoman Sandy Baldonado said Thursday. “I don’t think [Mr. Kruse] should receive any special treatment.”

The doctor whose newly opened Claremont clinic has been issuing recommendations for medical marijuana use without a city business license was expected to be granted a license to operate legally in the city on Friday, Assistant City Manager Tony Ramos said.

On Wednesday, city code enforcement officers visited the marijuana dispensary on the 600 block of S. Indian Hill Boulevard—named Claremont All-Natural Nutrition Aids Buyers Information Service (CANNABIS)—and verified that Mr. Kruse was still in operation.

After the visit, the city drafted a second letter to Mr. Kruse demanding that he shut down, this time with an October 25 deadline.

A chronology and anticipated enforcement timeline regarding the dispensary was released by the city manager’s office on Thursday. According to the timeline, if Mr. Kruse fails to cease his operation by the October 25 deadline, he will be issued a $100 citation. The following week the fine will rise to $200, and each proceeding week Mr. Kruse will be fined $500 if he is still operating without a business license.

Unless he is granted a business license, Mr. Kruse said he will ignore further demands that he close his dispensary, and he will refuse to pay the $500-a-week fine.

“Letters and visits? No, I wouldn’t shut down for a letter and visit,” he said.

The Claremont Police Department has also begun discussions with city hall regarding the role that it may have in the ongoing conflict, Claremont Police Capt. Gary Jenkins said, though at this point the department has no role in enforcing the city code violation.

At its Tuesday meeting, the city council is expected to extend its moratorium on medical marijuana dispensaries, which was set at a 45-day limit at a meeting in late September. State law allows the city to extend the moratorium for a maximum time period of two years, at which time the city would be required to have appropriate code in place to regulate medical marijuana dispensaries.

Mr. Kruse said he is prepared to remain open against the will of the city for two years if that’s the length of time it takes for the city to draft appropriate regulations. He has signed a 3-year lease with his Claremont landlord.

City council members—who were quick to condemn Mr. Kruse’s dispensary for operating without a business license—were hesitant in interviews last week to state a position on how and if the city should permit and regulate marijuana dispensaries in the future.

“At this point I’m still gathering information as to what our options are, and really, until I know what they are, I don’t want to say anything that may turn around and be inappropriate if something should happen,” Ms. Baldonado said. “We are going to be getting our briefings on that issue from [City Attorney] Sonia Carvalho, and once I’ve seen what we can and can’t do I will develop an opinion at that time.”

—Will Bigham

[palmspringsbum]

Cities take sides on medical marijuana

By Lori Consalvo, Staff Writer
Article Launched:11/17/2006 12:00:00 AM PST
The Daily Bulletin

CLAREMONT - If it were up to Darrell Kruse, anyone who wanted to consume or cultivate marijuana should be able to - for medical reasons, of course.

"There are patients all over that require the medicine, or feel that they do," said Kruse, a Corona resident who owns a medical marijuana dispensary in Claremont.

Since he opened his business in September, called Claremont All-Natural Nutrition Aids Buyers Information Service, or CANNABIS, Kruse has been in an ongoing battle with city officials.

Several cities throughout the Inland Valley, including Claremont, Upland, Norco and Pomona, have addressed marijuana distribution.

Upland recently voted to prohibit the dispensaries, while Pomona, Norco and Claremont have each enacted a temporary moratorium, with a final decision due within the next few months.

When Kruse started his establishment, there were no laws prohibiting medical marijuana in Claremont. Shortly after his doors opened to the public, the city enacted a 45-day moratorium and ordered him to close down several times.

The city has since extended the moratorium through the end of the year.

"There are actually a lot of patients in the city that use marijuana and

have different ways of getting it," Kruse said. "The benefits of having stores with medical marijuana is that access is local and it is safe."

His business distributes marijuana to customers with prescriptions, but there are many other services he provides, he said.

Counseling, information regarding the laws, possession and cultivation of medical marijuana and a location list of doctors are also available.

During the past two months, Kruse has had about 160 customers. But he said that amount is based on the publicity he received through recent conflicts with Claremont.

"That (number) is normal for a business that is set up as a legal nonconforming business that has problems with the city," Kruse said.

In 1996, state voters passed the Compassionate Use Act, allowing marijuana use for medicinal purposes. In 2004, the Legislature authorized the Medical Marijuana Program Act, permitting guidelines for patients and caregivers.

"Marijuana is recognized as medicine by the state of California," Kruse said.

The federal government, however, still says the plant is illegal, no matter what it is used for.

Kruse, who is a prescribed medicinal marijuana user himself, said he has seen that there are medicinal benefits to the controversial plant.

"I believe every city should have at least one (dispensary)," he said.

Upland disagrees.

Despite its comforting applications, the small, green herb and dispensaries that distribute it were banned from stores within the jurisdiction of the city's zoning laws at Monday's City Council meeting.

"You won't see a retail outlet selling or making available medical marijuana," said Bill Curley, city attorney for Upland.

Anyone who has a proper permit is able to cultivate, possess, use or transport it, Curley said. But from a land-use standpoint, council members said dispensaries do not bring anything positive to the city.

"The choice was made to best serve the community," Curley said.

Upland is not alone in this decision.

Forty cities statewide have banned medical marijuana dispensaries, from Temecula to Chula Vista to Pismo Beach to Roseville.

But Curley said the council's decision to prohibit the plant does not take away a patient's right to use medicinal marijuana.

"It doesn't impact the people who have permission to use it," he said.

Lori Consalvo can be reached by e-mail at lori.consalvo@dailybulletin.com or by phone at (909) 483-9391.

[palmspringsbum]

Med pot operator pleads not guilty

Claremont cites Kruse for dispensary

By Will Bigham, Staff Writer
Inland Valley Daily Bulletin
Article Launched:12/28/2006 12:00:00 AM PST

CLAREMONT - Darrell Kruse, operator of a medical marijuana dispensary in the city, pleaded not guilty Tuesday to two infraction charges brought against him by City Hall.

Kruse made the plea at Los Angeles Superior Court in Pomona. A trial is set for Jan. 9.

The city cited Kruse in October for operating without a business license and disobeying zoning laws. The city hopes the court will force Kruse to shut down his dispensary.

Kruse, a self-identified marijuana movement activist, opened Claremont All-Natural Nutrition Aids Buyers Information Service (CANNABIS) on Sept. 15 in the 600 block of South Indian Hill Boulevard.

He currently supplies dried marijuana and pot edibles to more than 300 patients who are legally permitted to use the drug for medical purposes in the state.

In response to several inquiries for dispensary business licenses, the city in late September passed a 45-day moratorium on such operations.

But Kruse beat the deadline, announcing to a stunned City Council the night of the moratorium discussion that he had already opened.

The city has since extended its moratorium, scheduled to expire in September 2007, to one full year. It can be extended an additional year.

When the moratorium expires, the city must address the issue.

City Attorney Sonia Carvalho said the city's options range from allowing and regulating dispensaries to banning them outright.

"The dispensing of marijuana to patients who require that medication, I think the law is very appropriate," Mayor Peter Yao said. "What the city is really struggling with is keeping recreational users away from such dispensaries. ...

"If we can find a good way to control it, so it gets to the right users, I don't have any problem with it," he added.

Carvalho said Kruse came to Claremont with an "agenda" aimed at forcing the city to address an issue it has neglected since 1996, when state voters passed Proposition 215, allowing the medical use of marijuana.

"I believe that he wants to force cities to address the issue," she said, "so he's identified cities that don't have regulations."

Kruse said he plans to open more dispensaries in regional cities that do not have regulations.

"When there are no rules, the people just have rights," he said.

He declined to state which cities he plans to target.

"I believe that's the secret in all of this," he said.

Staff writer Will Bigham can be reached by e-mail at will.bigham@dailybulletin.com, or by phone at (909) 483-8553.

[palmspringsbum]

Med pot operator unfazed by ruling


By Will Bigham, Staff Writer
Inland Valley Daily Bulletin
Article Launched: 01/10/2007 12:00:00 AM PST

POMONA - The operator of Claremont's medical marijuana dispensary was found guilty Tuesday of operating without a license, but the business will remain open because the city did not seek a court injunction forcing it to close.

Claremont officials had been hopeful that the ruling would effectively force Darrell Kruse, the operator of the dispensary, to shut down, and some expressed dismay that the city's four-month battle with the dispensary would continue.

Mayor Peter Yao said he was "definitely not" satisfied, adding that he had hoped the court "would shut him down and allow us to carefully plan out the whole process. This is definitely not something that we had planned on."

The court's decision indicates clearly that the city's assertion that Kruse was required to obtain a business license was correct, City Manager Jeff Parker said.

But because Kruse intends to stay open despite the ruling, Parker said he "is basically telling the judge, `I don't care what you do to me."'

After Los Angeles County Superior Court Judge Anthony M. Peters ordered Kruse to pay a $121 fine for the infraction charge, Kruse, who represented himself in the case, was visibly pleased with the result.

Though the ruling will not immediately force him to shut down, Kruse lamented that the judge's determination that he must have a business license does not bode well for other area dispensaries - one in Norco, and one in Pomona - that are locking horns with those cities over the same issue.

Kruse serves nearly 400 patients at Claremont All-Natural Nutrition Aids Buyers Information Service (CANNABIS), which he opened on Sept. 15 in the 600 block of South Indian Hill Boulevard.

On Sept. 29, the City Council passed a 45-day moratorium on medical marijuana dispensaries because the city had been approached by several people who wished to open such an operation.

Kruse's business was unknown to the city before announcing to a stunned City Council the night of the moratorium debate that he had already opened.

The city later extended its moratorium an additional 10 1/2 months and has the option of extending it one year further. Once the moratorium expires, the council's options will range from banning the dispensaries completely to regulating a limited number in specific areas of the city, City Attorney Sonia Carvalho said.

In a months-long battle that followed passage of the moratorium, the city sent several letters ordering Kruse to shut down. When he ignored those demands, the city took the unusual step of citing him for operating without a business license.

As the conflict between Kruse and the city grew, press reports fueled a traffic increase at the dispensary, which had only two patients when it first opened.

At the judge's suggestion, Kruse met privately Tuesday before the proceeding with Assistant City Attorney Andy Morris to try to come to an out-of-court agreement.

The attempt at finding middle ground went nowhere, and as Kruse re-entered the courtroom, heated after the discussion, he said to Morris, "I'm going to make Swiss cheese out of your moratorium."

Morris made the initial remarks to the judge, stating directly that the city requires businesses to obtain a business license, and Kruse was not issued one because the city has no code to regulate medical marijuana dispensaries.

In his rebuttal, Kruse spoke at length about the legitimacy of his business, reminding the judge that the medical use of marijuana is legal in California, as established by Proposition 215, which was passed by voters in 1996.

Assembly Bill 420, passed in 2004, specifically allows for dispensaries to legally distribute the drug for medical uses.

Though Peters confirmed the city's position that Kruse needs a business license, he sympathized with Kruse's effort to distribute the drug for medical use.

"As a son whose father has cancer and is in severe pain, I can sympathize with you," he said.

Staff writer Will Bigham can be reached by e-mail at will.bigham@dailybulletin.com, or by phone at (909) 483-8553.

[palmspringsbum]

City to seek injunction on pot outlet

<span class=postbold>Operator vows to continue dispensing medical marijuana</span>

By Will Bigham, Staff Writer
Inland Valley Daily Bulletin
Article Launched:01/11/2007 12:00:00 AM PST

CLAREMONT - The City Council voted unanimously Tuesday night to seek a court injunction to force the operator of a medical marijuana dispensary to shut down.

Darrell Kruse had pledged to keep Claremont All-Natural Nutrition Aids Buyers Information Service (CANNABIS) open, despite being found guilty Tuesday morning of operating without a city-issued business license.

He opened the business on Sept. 15 in the 600 block of South Indian Hill Boulevard.

"We're giving him 72 hours to comply. Otherwise, we will file an injunction against him," Mayor Peter Yao said. "He is operating without any oversight."

The city did not seek an injunction in court Tuesday because it had hoped that a guilty ruling against Kruse would convince him to voluntarily close down, City Attorney Sonia Carvalho said.

Immediately after the ruling, Kruse said to the city's counsel that he would remain open. The City Council then met to discuss the development in an emergency closed session.

On Wednesday morning, the business was open as if it were a typical day. When notified of the pending injunction, Kruse said he was surprised the city was "still against medical marijuana."

"They continue to attack - it's apparent they either don't know the law, or they wish to ignore the law," he said, citing the Compassionate Use Act, passed as Proposition 215 in 1996, which allows for the medical use of marijuana. "I will go anywhere they allow it, and I will follow any rules that they lay down."

The city was expected to notify Kruse on Wednesday that he has until Tuesday to shut down.

If he refuses, the city will move forward with injunctive relief, Carvalho said, even if Kruse appeals this week's ruling.

The City Council passed a moratorium in late September on medical marijuana dispensaries, and it will have two years from that date to decide whether to allow medical marijuana dispensaries.

The city can ban them outright, or allow and regulate them, Carvalho said.

"The city does not fully understand how we can control the distribution of medical marijuana within the city limit, and we need time to find out what the best practice is," Yao said. "We think that by the end of 2007, we should be in a position to do that."

[palmspringsbum]

<table class=posttable align=right width=300><tr><td class=postcell><img class=postimg width=300 src=bin/kruse-darrell_cloning.jpg></td></tr><tr><td class=postcap>Darrell Kruse uses a razor to splice part of a marijuana plant, which, in turn, he combines with a cloning agent to grow another plant. Mr. Kruse’s views on medicinal marijuana and his refusal to shut down his Claremont business have stirred citywide controversy. </td></tr></table>The Claremont Courier
January 24, 2007

CLAREMONT APPLIES ADDITIONAL PRESSURE ON MARIJUANA DISPENSARY

Last Friday, the city of Claremont served an injunction order on the medical marijuana dispensary in an effort to force it to cease business operations. At the same time, the city continues to fine Darrell Kruse, the owner of the dispensary, $500 a day for operating his business without a city-issued license. The fines began last Tuesday and have increased incrementally in price each day, eventually capping at $500.

When Mr. Kruse was initially refused a business license over the summer, he began operating his dispensary without the knowledge of the city. City officials have stated that they refused to issue him the license due to a lack of city code on how to regulate a marijuana dispensary.

The city later instated a 45-day moratorium on the operation of marijuana dispensaries with the hopes they could come up with a plan to either regulate dispensaries, allowing them to operate in certain areas and under controlled conditions, or bar them altogether in Claremont. The moratorium was later extended to one year, however city council has thus far failed to develop an ordinance to deal with the dispensary.

Councilwoman Ellen Taylor stated that city council does not yet know which direction it will take on the issue until more information comes to light.

“The federal government says one thing and the state says another, meanwhile the city is the one stuck dealing with them,” she said.

City manager Jeffrey Parker believes that the city will have an ordinance in place to deal with the dispensary within the coming year.

“My guess would be sometime in summer or fall of this year,” said Mr. Parker.

The papers served to Mr. Kruse require him to appear in court Tuesday morning for a preliminary hearing on the injunction.



<span class=postbold>Mr. Kruse Speaks Out</span>

At his trial on January 9, Mr. Kruse was found guilty of operating a business without a license and fined $121. At the same time, he was found not guilty of a violation on a zoning issue; a ruling which he believes will allow his business to continue to run.

“What I lost was a business license law. I wasn’t even concerned about that law. That law hasn’t bothered any dispensary yet,” he explained. “The law that has bothered every dispensary, like the one in Corona, is the zoning issue law. If you look at every dispensary that was forced to shut down, they always lost on the zoning issue. And I won on the zoning issue.

“The other one is just a revenue generating tax for business license laws. They will never get an injunction for a revenue act,” he went on to say.

Mr. Kruse also spoke about the daily fine that is being levied against him. He believes that such a steep amount constitutes a violation of the Compassionate Use Act, otherwise known as Proposition 215. According to section C of the law, governments are encouraged to “implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.”

“As soon as they send me those bills, they are defeating the purpose of the Compassionate Use Act, which has a stated objective to provide safe and affordable access,” he said. “Now if I am fined $500 a day, how does that advance the law to provide affordable access?”

Mr. Kruse insists that he is not just trying to pick a fight with the city, despite some belief to the contrary. He stated that he would be willing to play by their rules and accommodate the city if he is given a license.

“I will move to any location where they will allow me to go. I will pay any fee that they tell me to pay as long as they give me a business license,” he said. “I would love to live under their rules, whatever rules they have.”

As the battle over the dispensary continues to escalate, Mr. Kruse appears confident that he will remain in business.

“I can’t see any reason to leave. I know that the fine won’t stick, so why would I leave?” he said. “I know that their injunction won’t stick so I won’t have to leave.”



<span class=postbold>Protests</span>

Last Wednesday, federal agents from the Drug Enforcement Administration raided a total of 11 medical marijuana dispensaries throughout Los Angeles County. In the process, the agents collected an estimated $200,000 in cash and several thousands of pounds of marijuana. The backlash to this brazen move by the federal government came the following day when roughly 100 protesters gathered outside of West Hollywood city hall to announce their opposition to the actions of the previous day.

The protests highlight the ongoing struggle between the federal government, which prohibits the use and sale of marijuana, and the state, whose voters approved the use of marijuana for medical purposes in 1996 under Proposition 215.

As a self-proclaimed marijuana activist, Mr. Kruse has organized a similar protest to take place at Tuesday night’s city council meeting, in an effort to raise awareness about his cause. Asked if he expected a large turnout Tuesday night for the protest, he responded that the size doesn’t matter as long as a statement is made.

“Small numbers are big. If you get a few people to go out and rattle a cage and you have to be heard, that’s what politics is all about,” said Mr. Kruse.

He also plans to speak in person to the city council during the meeting but said that he will need to adjust what he says based on what transpires in court that day.



— Tony Krickl

[palmspringsbum]

Claremont marijuana dispensary burglarized

By Will Bigham, Staff Writer
Inland Valley Daily Bulletin
Article Launched: 01/28/2007 12:00:00 AM PST


CLAREMONT - Burglars stole nine marijuana plants after breaking into the city's medical marijuana dispensary, police discovered Friday morning.

Police responded at about 7:45 a.m. to Claremont All-Natural Nutrition Aids Buyers Information Services in the 600 block of S. Indian Hill Boulevard, after a city official driving past the location saw that a window had been broken.

Darrell Kruse, the owner of the dispensary, said the plants taken - nine of his 13 "mother" plants - were of no monetary value because they had not yet matured, rendering the smokable part of the plant useless.

"You won't get high," he said. "You might get a headache."

The dispensary resumed serving patients less than an hour after the discovered break-in. Kruse replaced the broken window, and files and computers needed to operate the dispensary were untouched.

"Nothing of real value was taken," he said. "They left a nice $250 fan that anybody can carry off in a second. They left a TV, a DVD player. The stuff they wanted was probably locked well away, and there wasn't any way they could get to it."

Investigators dusted for fingerprints at the scene, Kruse said, but Claremont police Sgt. Karlan Bennett declined to say whether any evidence had been recovered.

The controversial dispensary, which has battled City Hall since it opened in September without a business license, is now coming under closer scrutiny from city officials, as one central fear - that the business would attract crime - appears to have been realized.

"Potentially these dispensaries can serve as a crime magnet in a community," Councilman Corey Calaycay said. "Having a dispensary in town could put an additional burden on our police, and we already have needs for other public safety priorities in our community."

Kruse conceded Saturday that his dispensary was an attraction for criminals, but he disputed the suggestion that it's more of a target than any other business.

"The banks are more secure these days, so they don't have a lot of problems, but liquor stores still have problems. Any place that has something that's desired by people will always have problems," he said.

The burglary comes a week prior to a Feb. 2 court hearing on the city's request for a temporary injunction to force the dispensary to close.

Kruse was found guilty earlier this month of operating without a business license, but despite the ruling has refused to close. Fines levied against Kruse of $500-a-day during the last two weeks have also failed to shutter his business.

In Friday's hearing, scheduled for 8:30 a.m. at the Los Angeles County Superior Court's Pomona branch, Kruse said he expects the city to use the break-in while arguing for the injunction.

"I would expect them to make this known to the judge at least, and probably bring it up, but I don't think it's indicative of what may happen in the future," he said. "It was probably just kids."

It was probably the city council person, the one that 'discovered' it.

[palmspringsbum]

Judge orders pot shop to close

<span class=postbigbold>Claremont dispensary to be shut until at least March; owner vows fight</span>

By Will Bigham, Staff Writer
The Daily Bulletin
Article Launched: 02/03/2007 12:00:00 AM PST


POMONA - A Los Angeles County Superior Court judge issued a temporary restraining order Friday against the owner of Claremont's medical marijuana dispensary, forcing the business to remain shut through at least March 15.

The restraining order was effective immediately, and Friday was the first day since mid-September that Darrell Kruse, owner of Claremont All-Natural Nutrition Aids Buyers Information Services, or CANNIBIS, would not be opening his dispensary, which served 550 patients, Kruse said.

City officials were relieved that after more than four months of fighting Kruse, his dispensary - which opened in the 600 block of South Indian Hill Boulevard without a business license - would finally be closed.

"I am trying to run a city, and I'm going to make the decision when Claremont is ready" for a dispensary, Mayor Peter Yao said. "No one is going to change the priority in terms of how things get done in Claremont."

The city's request for a preliminary injunction that would force the dispensary to remain closed will be heard on March 15.

The city passed a moratorium on medical marijuana dispensaries in late September and can extend the moratorium through September 2008.

Yao said that after the March 6 City Council election, the new council will outline its priorities for the upcoming session and at that time decide when to address the marijuana issue.
In previous court appearances, Kruse always represented himself. But on Friday, he was flanked by two attorneys, including 29-year-old Allison Margolin, who touts herself as "LA's Dopest Attorney" and wears revealing clothing in print advertisements.

"I think the city was overreaching," said David Yousefyeh, Kruse's other attorney. "There is no proof that this guy did anything wrong, or created any issues in the neighborhood.

"They didn't like marijuana dispensaries, so they twisted the law to what they wanted it to be."

John Roberts, one of Kruse's customers, said that CANNABIS' closure "will make everyone go to fast-food parking lots and back alleys" to purchase marijuana from drug dealers. "It's pushing this whole thing back to the stone age. ... We don't have safe access."

Kruse said he had been helping his patients make arrangements at other area dispensaries, including ones in Pomona and Norco. The legality of those dispensaries is also being challenged by their host cities.

"I'm a little bit more upset for the patients than I am for myself," Kruse said. "I can get along, but some of them are going to have a hard time."

Despite the setback, Kruse and his attorneys believe they will ultimately prevail because state law allows for the medical use of marijuana and the distribution of marijuana for medical uses.

"I will be back in Claremont," Kruse said.


Staff writer Will Bigham can be reached by e-mail at will.bigham@dailybulletin.com, or by phone at (909) 483-8553.

[palmspringsbum]

Medical marijuana likely to be sold at a dispensary in Claremont in the near future.

by Paul Foreman, Student Life, Pomona State College
October 5th, 2007


It seems likely that medical marijuana may be sold at a dispensary in Claremont in the near future.

In a 3-2 split decision in August, Claremont City Council members Ellen Taylor, Sam Pedroza, and Linda Elderkin passed legislation directing staff to prepare to make code changes allowing a medical marijuana dispensary to operate in the city. Council member Corey Calaycay and Mayor Peter Yao voted against the dispensary.

The City Council of Claremont voted at its last meeting, on Sept. 11, to enact a year-long moratorium on the existence of a medical marijuana dispensary in Claremont. The City Council will continue to debate legislation before passing an ordinance within a year.

Taylor spoke in a phone interview about her vote.

“I voted to have staff come and set up a dispensary,” said Taylor. “There are people who are helped by marijuana. This is not about anyone just trying to get high.”

Taylor said that the City Council would not allow a dispensary without significant regulation.

“We’ve talked about regulating the operating hours of the dispensary,” she said. “We’ve talked about making it a nonprofit operation.”

Taylor also argued that the only effect on campus life will be for those students who need marijuana for medical reasons. Currently, the dispensary closest to the College is in Diamond Bar, about 10 miles away.

“I would imagine that on the campus it’s not at all hard for you to get marijuana now. If there are students who have a need for medical marijuana, it will be much more convenient for them to obtain it.”

In 1996, the California legislature passed Proposition 215, which allows for the sale and possession of marijuana for medicinal purposes. Since then, the issue of whether or not to allow sale in individual cities has been decided at the local level.

“My feeling is that the state should regulate it,” said Taylor. “The state is being very weak in not regulating it.”

Some members of the Claremont community disagreed with the City Council’s decision. In an editorial published in the Inland Valley Daily Bulletin, former Mayor Al Leiga argued that a dispensary would hurt Claremont’s image.

“That decision is not consistent with being one of the top 10 cities in the nation where people want to raise their children and enjoy a quality of life,” wrote Leiga. “Marijuana is an illegal drug according to the laws of the United States. Saying that it is for medical use does not change the law.”

In general, Pomona students do not seem to think that medicinal marijuana in Claremont would translate into more illegal marijuana on campus.

“I don’t know how easy it is to get medical marijuana illegally,” said Laura Krinsky ’11. “I don’t think it would really affect usage of marijuana on campus.”

“It might make medical-grade marijuana more available on campus,” said Brendan Deiz ’09, “but it wouldn’t make students buy more pot.”

[palmspringsbum]

Councilwoman visits marijuana facilities

by Will Bigham, Daily Bulletin
November 15th, 2007


CLAREMONT - Councilwoman Ellen Taylor took a trip to San Francisco last weekend to research that city's medical marijuana dispensary program.

Taylor visited several dispensaries in the city and met with officials from the San Francisco Department of Public Health. Taylor, who announced her visit during Tuesday's City Council meeting, said she plans to conduct similar research into Los Angeles-area dispensaries.

The City Council gave initial approval in July to allow one medical marijuana dispensary in Claremont, but the details on specific regulations have not been worked out.

[palmspringsbum]

Pot dispensary suit heard

<span class=postbigbold>Operator says state law allowed him to open it</span>

The Daily Bulletin
Will Bigham, Staff Writer
Article Created: 03/17/2008 10:47:41 PM PDT


POMONA - More than a year after his controversial medical marijuana dispensary was shuttered, Darrell Kruse finally had his day in court.

Kruse, who operated a dispensary in Claremont from September 2006 to February 2007 without the city's permission, took the stand Monday to testify in the city's civil suit against him.

Kruse, a Chino resident, defended opening his dispensary without a business license, arguing that the state medical marijuana program compels the city to allow dispensaries.

After Kruse continued to operate his dispensary despite repeated demands by the city that he shut down, the city filed suit against Kruse to force him to close.

A trial for the case was finally held Monday, in a brief three-hour session during which Kruse and City Planner Lisa Prasse both testified.

The judge hearing the case, Los Angeles County Superior Court Judge Dan T. Oki, said he will accept additional written arguments from attorneys representing the city and Kruse and issue his ruling in writing by the end of April.

The case hinges on whether the city had the right to deny Kruse a business license to operate a medical marijuana dispensary.

The city argues that because medical marijuana dispensaries are not explicitly permitted to open in the city, it was unable to grant him a license.

Kruse and his attorneys argue that because state law allows for medical marijuana dispensaries, the city did not have the authority to deny Kruse's application to open in Claremont.

Kruse's dispensary, called Claremont All-Natural Nutrition Aids Buyers Information Service (CANNABIS), supplied medical marijuana to about 500 regular customers before it was shut down in February 2007.

It shut down after Oki granted the city's request to issue a preliminary injunction barring Kruse from operating his dispensary.

The injunction will last through the conclusion of the trial.

Lawyers for both Kruse and the city said after Monday's hearing that it was uncertain whether Kruse could re-open if he is successful in court.

Kruse said he no longer leases the office space at 630 S. Indian Hill Blvd. where he operated his dispensary, so if he did re-open he would have to again lease a space in the city.

The city has a moratorium in place prohibiting medical marijuana dispensaries, but the City Council has voted to allow one regulated dispensary to open in the city.

The council will consider the one-dispensary ordinance at a meeting in May after the judge has ruled on the Kruse case, said City Manager Jeff Parker.

The usually upbeat Kruse appeared sullen before the start of Monday's court session.

He said that whether he ends up winning or losing, he expects nothing to change in terms of his dispensary opening, or for repayment from the city of the $71,150 he said he's spent on legal fees.

will.bigham@dailybulletin.com

(909) 483-8553

[palmspringsbum]

Kruse Trial to Begin


The Claremont Courier
March 15, 2008

<table class=posttable align=right width=300><tr><td class=postcell><img class=postimg width=300 src=bin/kruse_darrell-trial.jpg alt="Darrell Kruse"></td></tr></table>As the city’s legal battle with medical marijuana dispensary owner, Darrell Kruse, continues in court on Monday, lawyers from both parties are making last-minute changes to their strategies.

The city earlier this week made another offer to Mr. Kruse that would release him of responsibility to repay any outstanding fines or penalties associated with operating his dispensary without a business license, City Attorney Sonia Carvalho said. Under the deal, Mr. Kruse would also not be responsible for the city’s legal expenses in handling his case.

“The reason was primarily because Mr. Kruse is no longer operating [his business,]” Ms. Carvalho said.

Mr. Kruse has not been in business in Claremont since February 2007, when a Pomona court judge ordered him to cease operations.

The last ditch effort by the city to settle the case was rejected by Mr. Kruse, who is ready to battle it out in front of a judge. He said that since he already invested so much in legal fees, more than $70,000 thus far, he did not want to back down now.

“I paid for the party, I might as well go and dance,” Mr. Kruse said.

Ms. Carvalho said the city would not meet Mr. Kruse’s demand that he receive a guarantee to be Claremont’s sole medical marijuana provider once an ordinance is crafted and approved. The reason, she said, was that the city can not legally guarantee one potential candidate over another and that the council has not approved the ordinance yet.

Lawyers for Mr. Kruse pushed their client to settle the case with the city back in January when the city was asking him to pay roughly $15,000 in legal fees and unpaid citations. He also rejected that offer, saying he “would not pay the city a dime.”

With their client unrelenting, his lawyers will likely argue that medical marijuana is legal under state law and that Claremont failed to have an ordinance in place when Mr. Kruse began his operation.

They are also considering bringing in witnesses to testify at the trial on his behalf, Mr. Kruse said. However, many are either out of town or unable to attend on Monday, he said. His lead attorney, Allison Margolin, said she would not comment on the case before trial begins.

<table class=posttable align=right width=300><tr><td class=postcell><img class=postimg width=300 src=bin/kasakove_david.jpg alt="David Kasakove"></td></tr></table>One potential witness who was approached is another well-known name in the Claremont medical marijuana debate, David Kasakove. Mr. Kasakove has shown strong interest in becoming Claremont’s medical marijuana provider once an ordinance is in place and has recently been in contact with city officials about his future plans.

He was approached by Mr. Kruse’s attorneys to testify that he was able to operate a medical marijuana growing business in town with the city’s knowledge and consent, bolstering their case that Mr. Kruse has been singled out by the city.

City records show that Mr. Kasakove applied in July 2006 for a business license for a medical marijuana collective but was denied his application. There are no records of a medical marijuana growing business, city accountant Candice Ponce said.

Mr. Kasakove said his initial reaction was not to testify, feeling that he might be a “hostile witness,” but planned to discuss the situation with his lawyer before making a final decision.

“I don’t really have anything good to say about the guy,” Mr. Kasakove said.

With the city council vote to allow a dispensary to operate in town back in July, the city is in a precarious position regarding Mr. Kruse. While city staff is busy crafting the ordinance to allow a medical marijuana dispensary, the city will no longer argue in court that federal law bars the sale of marijuana.

The city will continue to argue that he violated land use codes and code enforcement for operating without a business license, Ms. Carvalho said.

The marijuana ordinance is “95 percent completed” and will be available for public review 2 or 3 weeks before the April 8 city council meeting where it will be considered by the council, Ms. Carvalho said.