Legal battle expected after passage of ordinance prohibiting
medical marijuana dispensaries in Hollister
The Hollister City Council on Tuesday unanimously passed two
ordinances banning the establishment of medical marijuana
dispensaries in the city while setting up an anticipated legal
battle with Purple Cross Rx, which recently opened a pot dispensary
downtown.
Legal battle expected after passage of ordinance prohibiting medical marijuana dispensaries in Hollister
The Hollister City Council on Tuesday unanimously passed two ordinances banning the establishment of medical marijuana dispensaries in the city while setting up an anticipated legal battle with Purple Cross Rx, which recently opened a pot dispensary downtown.
At the recommendation of City Attorney Stephanie Atigh, the council approved both an emergency ordinance and a regular ordinance prohibiting dispensaries. The first, a so-called “urgency ordinance,” takes effect immediately. The regular, or non-urgency ordinance, was approved as a back-up plan “if for some reason the urgency ordinance is challenged,” Atigh said in a report to the council. The regular ordinance does not become effective for 30 days after its passage.
Four residents, including a 35-year-old woman who said she uses medical marijuana because she has “a disease that will make me crippled by the age of 50,” addressed the council before its vote.
August Jewison of Hollister said the council’s concern about safety around the dispensary, located at 335 San Benito St. – just north of downtown’s busiest intersection – and unauthorized access to its supply, is misguided.
“You have a tattoo shop out front that has more gang bangers and delinquents than this shop,” she said.
Hollister resident Eddie Soto, a member of Purple Cross Rx, said the city should be willing to work with – not against – the dispensary because it benefits not only patients, but the community, through its promise to donate 5 percent of gross revenues to community organizations.
“This is a good way for cities around the state to also make money,” he said, adding that he felt it was wrong to target landlords who lease to dispensaries.
City officials recently issued a compliance order to Purple Cross Director Scott McPhail and to his landlord, Greg Dolan, ordering the dispensary to close within 30 days or face fines. The city contends that medical marijuana dispensaries are not approved in commercially-zoned districts. After Tuesday’s action, they are not approved anywhere within city limits.
McPhail attended Tuesday’s council meeting but did not address the council. Kimberly Hurtado, who has three children with McPhail and has been with him for 14 years, said that while she understood city officials’ skepticism, she believes it would be alleviated if council members visited the dispensary.
“I was skeptical. I didn’t know how people would react in a small town,” she said at the speaker’s podium, occasionally fighting back tears. “Being there [at the dispensary], seeing the patients eye-to-eye, they are really sick people out there who benefit from this.
“I didn’t know what kind of people would be going there,” Hurtado added, noting that she has seen patients suffering from breast cancer, Crone’s Disease and other infirmities at the dispensary. “Go and see what kind of people go in there. They are all legitimately sick people who benefit from it. There’s a purpose out there for it. There’s a place for it.”
After the public comment session, Councilman Doug Emerson said he understood the speakers’ point of view “and I think I agree with them.”
“I believe medical marijuana does serve a purpose and it has benefits,” he said, adding that he had two friends use medical cannabis before they died.
His concerns, he said, include the lack of federal regulation of dispensaries, the potential distribution of poor-quality cannabis that may not have medical benefits and the easy accessibility of cards allowing people to acquire medical marijuana.
While Emerson said he believes “there is a place for it and a purpose for it,” he indicated that he would be more supportive of Purple Cross Rx if it had the backing of local medical providers and organizations such as the San Benito Health Foundation.
“At this point, my concerns override what I consider to be the benefit,” he said. “I have too many concerns right now.”
Councilwoman Pauline Valdivia said she had not received any positive feedback from her constituents about marijuana dispensaries and believed that they provide access to marijuana for people who don’t need it.
Valdivia followed her comments by motioning for separate approval of both ordinances, which are expected to be challenged by Purple Cross Rx attorney Jim Roberts of Roberts & Elliott LLP, who reminded council members in an e-mail this week that his office “recently defeated an effort by the City of Gilroy to enjoin the operation of cannabis collective.”
“Purple Cross Rx would much prefer to work with the City of Hollister to address any possible concerns,” he wrote, “but is prepared to act to protect the rights of its members if required.”
