The pot club's director, Scott McPhail
music in the park san jose

The city has issued a compliance order to Purple Cross Rx
calling for the medical marijuana dispensary to shut down, while
the collective’s attorney has responded with a letter contending it
is operating legally and agreeing to meet with officials to address
concerns.
The city has issued a compliance order to Purple Cross Rx calling for the medical marijuana dispensary to shut down, while the collective’s attorney has responded with a letter contending it is operating legally and agreeing to meet with officials to address concerns.

The code enforcement division, as expected, delivered the compliance order last week to Purple Cross, 335 San Benito St. The city also has expressed a willingness to fine the landlord and dispensary, which has operated since Jan. 8, $1,000 for each day that it remains out of compliance.

The city contends a pot dispensary is not an approved use in such a commercially-zoned district, while Purple Cross disagrees and believes it is, being a nonprofit collective. Hollister leaders have argued such a dispensary violates the zoning code that disallows functions barred under federal law. State voters in 1996, meanwhile, approved a measure legalizing medical marijuana.

“Purple Cross Rx is operating lawfully under the laws of the State of California in every possible way,” reads the letter from the dispensary’s attorney, James K. Roberts, whose office recently won a court hearing against the City of Gilroy in its efforts to shut down a cannabis club there.

Since receiving notice of the proposal last month, Hollister City Council members have directed the staff against changing the zoning code to allow for such operations and they have indicated an intention to consider a ban against medical marijuana dispensaries.

For the full story, see the Pinnacle on Friday.

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A staff member wrote, edited or posted this article, which may include information provided by one or more third parties.

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