Tehama County D.A. shuts down pot shop

Tehama County District Attorney Gregg Cohen shut down a medical marijuana dispensary near Red Bluff after a court granted his request for a temporary injunction on Wednesday.

Red Bluff Patient Collective, Inc. is operated by Michael and Dawn Marie Jenkins, but the injunction applies to all pot shops within county jurisdiction.

Cornng-based Tehama Herbal Collective is not impacted by the injunction.

The injunction follows the Board of Supervisors' adoption of an urgency ordinance on Sept. 15 that temporarily prohibits the establishment or operation of marijuana dispensaries in the county.

After the ordinance was passed the Tehama County Sheriff's Department began issuing daily misdemeanor citations to the Jenkins for operating the pot shop despite the county ordinance. The dispensary has been open for several months.

"We tried to be reasonable with both Mr. and Mrs. Jenkins," Cohen said. "We have a law, we asked them to stop and they politely said, 'no.' I discussed it with their attorney and suggested that if they closed their distribution business that we could begin to discuss the extensive number of misdemeanor charges that each of his clients were facing."

The district attorney said the complaint for injunctive relief was filed with the court on Monday and on Tuesday the Jenkins' attorney agreed that the couple would shut down the pot shop on Wednesday, and keep it shut down at least until the next court date on the injunction, which is scheduled for 9 a.m. on Wednesday.

"Not everyone sees eye to eye on this marijuana issue," Cohen said. "Some call it medicine while other call it dope."

He acknowledges the law is in conflict concerning the issue.

"Federal laws says that the possession and distribution of marijuana is illegal, period. California too recognizes that the possession and/or distribution of marijuana is illegal," he said. "But with the passage of Proposition 215 and the requirements of the health and safety code, the law provides that possession of marijuana for medicinal purposes, based on a doctor's recommendation, is permitted."

However, Cohen said those who "wish to push the marijuana envelope" should not be surprised when "law enforcement comes knocking."

The Jenkins could not be reached for comment.