Despite a city ban in effect since 2006, a nonprofit medical
marijuana dispensary has been operating for three weeks in a
shopping center with a movie theater and a doughnut shop. The
opening of Hollister-based Purple Cross Rx at 225 N. Mercey Springs
Road, in Suite B, at the end of July, has started a showdown with
city staff.
Corey Pride
Despite a city ban in effect since 2006, a nonprofit medical marijuana dispensary has been operating for three weeks in a shopping center with a movie theater and a doughnut shop.
The opening of Hollister-based Purple Cross Rx at 225 N. Mercey Springs Road, in Suite B, at the end of July, has started a showdown with city staff.
Fire Chief Chet Guintini, who oversees code enforcement and building inspections, said Purple Cross Rx opened its doors with an incomplete business licence application, which also listed the company as a retailer instead of a place that distributes medicinal marijuana.
Police Chief Gary Brizzee said Purple Cross Rx was specifically told by city staff that medical marijuana dispensaries are banned in Los Banos.
Brizzee, who authored the ban, said the department will do everything in its power to close the business as quickly as possible. He said he’s working with the district attorney’s office to come up with a solution.
“We’re not going to go away. The law is the law and we will enforce it,” Brizzee said.
He also warned citizens.
“I would discourage any resident from doing business with them. It is still illegal,” Brizzee said.
The leader of the nonprofit collective, 33-year-old Scott McPhail, does not deny he knew about the ban.
“I tried to get a business license and I was told there was a ban, which I kinda knew,” McPhail said. “I decided to open anyway. I filed with the Merced County Recorder’s Office, they knew I was coming. I’m not afraid to execute my rights.”
McPhail said he chose to come to Los Banos because it was close to his home in Hollister and he believes the city’s ban is against the law.
State law permits use of medicinal marijuana through the 1996 passage of Proposition 215 and, although it is still not allowed under federal law, the Obama administration issued guidelines in October to not pursue cases against medical marijuana users or suppliers.
City Attorney William Vaughn said state and federal laws for and against medical marijuana have no bearing on whether Los Banos disallows Purple Cross Rx to do business in town.
“Cities are allowed to set up what uses they will and will not permit within city limits. Cities can limit land uses. Medicinal marijuana dispensaries are not allowed in any zones in Los Banos,” Vaughn said.
McPhail said the city should have issued a moratorium on dispensaries instead of a ban.
“A ban means you don’t want something. A moratorium is giving it six to 12 months. A ban is really unconstitutional,” McPhail said.
City officials are not happy about Purple Cross Rx doing business in town.
“First of all, it’s illegal. They will be closed down and fined,” Mayor Tommy Jones said.
McPhail has eight volunteers staffing the dispensary. McPhail said most of his volunteers, including Matthew Albert, are veterans or elderly people suffering from ailments that are treatable through medicinal marijuana. Albert has written a letter to the city council.
The letter states, “I can understand the worries and objections a few citizens may have with the opening of this establishment. It is a very heated topic for debate in our state. I can also understand how it would appear that this establishment is operating outside of local laws, and that the city must respond. This is where I would like to interject that medical marijuana was legalized in this beautiful state in 1996, and denying disabled and terminally ill patients their right to obtain medication seems to be unfair to say the least.
“However, due to the fact that this issue is once again in the spotlight, it would be appreciated if the volunteers at this fine establishment were not being issued citations daily. If for no other reason, because it is morally inexcusable.”
Code Enforcement Officer Tammy Allard said she found out about the dispensary on July 30 and has issued citations to it nearly every other day for operating without a business license, not keeping the doors unlocked at all times during business hours and violating the ordinance banning marijuana dispensaries. Guintini said Purple Cross Rx has already been fined about $3,000.
“Tammy’s out there constantly messing with them,” Guintini said. “I wouldn’t call it a pattern of harassment. I call it a pattern of enforcement.”
McPhail does not care about the fines.
“They can fine me every hour, every customer, they’re only administrative fines. There’s nothing they can really do. I don’t lose any sleep over it. Even if they take me to court I’ll be open for months.”
Vaughn said the city is considering filing for an injunction against Purple Cross Rx. He said it’s an expedited process, but would still likely take 60 days. Vaughn also said the city is planning to go after the owner of the property where the dispensary is located. He said the owner could face fines of as much as $500 a day.
McPhail, who lists his day job as being a record label owner, said he’s been a medicinal marijuana advocate for years and plans to open two more dispensaries on the Central Coast of California. He declined to state the cities where they will be located.
Purple Cross Rx spent eight months in Hollister. Stephanie Atigh, Hollister’s city attorney, said in December McPhail lobbied her city council to overturn its ban on marijuana dispensaries. The council declined to do so, Atigh said. She said later that month McPhail e-mailed council members a letter saying “thanks for all your help. Merry Christmas my business is open.”
Atigh said she was first told McPhail’s dispensary was online only. She later discovered he was operating from a storefront.
Atigh filed an injunction against Purple Cross Rx on April 14. She said in May the nonprofit filed a response. But before the case could go further, a note was found on the dispensary’s door last month saying it was moving to Los Banos. Hollister dropped its complaint.
