Medical Marijuana Victory in Fresno

November 20, 2009 7:35:00 AM PST
A judge did not issue an emergency restraining order against a medical marijuana dispensary. Medmar is the first medical marijuana dispensary in Fresno. It is also the first to be sued by city attorneys. On Thursday, a judge said the dispensary did not appear to pose an immediate threat to public safety. William Logan represents the dispensary's owner. Logan said, "He is not violation of any law, ordinance or regulation. He is completely in compliance with state law, and he is not doing anything wrong."

The City of Fresno is trying to shut down Medmar partly because it is not in compliance with federal law. Federal law bars the use of marijuana under any circumstance. City Attorney Charlotte Konczal asked a judge to issue an emergency restraining order. Konczal said, "We had two undercover officers actually purchase marijuana in an illegal manner, so we feel that is sufficient enough to show there's illegal at this particular dispensary."

In the end, Judge Alan Simpson delayed making a decision saying he is unclear how to move forward. That means Medmar can stay open until at least next month when another hearing is scheduled.

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