Jul 312011
 July 31, 2011

san diego asaOceanside City Attorney Loses Temporary Restraining Order; Dispensary North County Collective Allowed to Stay Open

By: Eugene Davidovich, San Diego Americans for Safe Access

 

VISTA, CA — On Wednesday, July 27, 2011 in a courtroom filled with supporters of safe access, Judge Maas, denied the City of Oceanside’s attempt to obtain a temporary restraining order to shut down North County Collective (NCC), a legal medical marijuana dispensary located in Oceanside, CA.

 

Several weeks ago, when the Oceanside City Attorney’s Office began their eradication effort by sending threatening letters to NCC, demanding they shut down, the collective immediately opened a channel of communication with the city and in good faith, began discussions regarding possible relocation as well as other options.

 

During these discussions the city presented John, a director of the collective with a single option; sign a letter stating that he would immediately shut down the collective, leave Oceanside, and declare in writing that for the rest of his life he would never conduct business within the City. The letter amounted to a clear and direct attempt to violate his constitutional rights.

 

While in the process of these discussions and without any notification as required by law to NCC or NCC’s attorney’s with whom the discussions were taking place, on July 14th, the City Attorney’s office went to court, filed a 200 page document filled with unfounded, wild allegations, and demanded that a temporary restraining order against NCC be issued.

 

The City Attorney claimed NCC was causing an urgent hazard and was a constant nuisance in the City. With the temporary restraining order in hand, that same day, a Sheriff along with a representative of the Oceanside City Attorney’s office quickly served NCC with the order and told everyone present, that unless they shut down immediately, they would all be arrested.

 

NCC shuttered its doors and began searching for additional representation.

 

At a monthly North County Americans for Safe Access meeting, John met and subsequently retained Lance Rogers, a local criminal and civil defense attorney who specializes in medical marijuana related litigation.

 

Mr. Rogers quickly organized an ex-parte hearing in front of Judge Maas and this morning was in court asking the Judge to lift the temporary restraining order. He argued that by not notifying NCC or their counsel, the city did not follow proper legal procedures in obtaining the temporary restraining order. He also argued the collective was not a nuisance nor was it posing any sort of hazard to the community. Judge Maas agreed.

 

In response to the City Attorney’s claims that NCC was not legal because they did not have a local business license, Judge Maas pointed out that there was no process to obtain one for the collective and that the City itself did not follow legal procedures when obtaining the restraining order.

 

The collective will re-open on Thursday of this week and is located at 913 South Coast Hwy, Oceanside, CA

 

Although the temporary order was denied the city continues to wage its eradication campaign by filing similar injunctions against the other collectives in Oceanside as well as preparing to waste more tax payer’s dollars on litigation.

 

The next hearing for NCC is scheduled for August 12, 2011 at 1:30pm in Department 28 at the Vista courthouse when Judge Maas will hear arguments from both sides and decide whether the collective should be permanently shut down in accordance with the City’s demands or allowed to remain open.

 

Further Information:

North County Times Article about NCC Restraining Order – http://www.nctimes.com/news/local/oceanside/article_4af09f45-5b29-5443-8aff-a562e941920b.html

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About Johnny Green

Johnny Green is a marijuana activist from Oregon. He has a Bachelor's Degree in Public Policy. Follow Johnny Green on Facebook and Twitter. Also, feel free to email any concerns.
  • http://www.suncoastwellness.org Jack

    Hi there, Im a MMJ Patient of over 2 years and i’ve tried many different, often frustrating ways to go about obtaining my medication in the greater part of North County, San Diego. Which is ridiculous since ordering your medication should be as SIMPLE AS ORDERING A PIZZA! Of all the different ways to go about receiving my medication legally (I wont even consider a Collective/Dispensary if they can’t openly show me they pay taxes… its an imperative aspect of furthering our medical community) I’ve found that online delivery services work out extremely well for me.

    -I don’t waste gas driving to a clinic, in pain, where the bud quality is unimpressive for the effort of the trip

    -Some deliveries (the good ones) have photos of their meds online so its easy to view what I need from home

    -I end up knowing and becoming a regular to the staff of my service of choice

    -It never takes more than an hour or so to receive any given amount of medication

    -Although i’ve never requested it the delivery is always very discrete

    All in all i’ve just had better luck with deliveries.

    Yes im aware of the alternatives such as walk- in collectives, and mail ordered herb however Im not sure i’ve ever considered ordering through the mail, since everything has to go through the mailing ( a federally based) system…

    Depending on where you are located there should be delivery services near you in your provided you live in an MMJ state.
    For everyone living in North County, San Marcos, Escondido, Oceanside, Carlsbad, Encinitas, Valley center and Vista

    I strongly recommend going to http://www.suncoastwellness.org/?page_id=5