Pot shops' emergence top story

The most hotly debated and controversial topic of the year was marijuana dispensaries cropping up in Corning, Red Bluff and the county.

The first shop to open its doors was in Corning when Ken and Kathy Prather, with partner Jason Labonte, opened Tehama Herbal Collective at 1317 Solano St.

According to the city the shop opened illegal as City Planner John Stoufer had denied the owners a use permit due to city zoning regulations.

The Prathers claim the shop is legal because they have obtained all federal and state documents required to open the business.

To further compound the debate, on Aug. 11, the City Council adopted an emergency ordinance prohibiting medical marijuana dispensaries, collectives or cooperatives in the city for a 45-day period, during which time the council was to gather information on the subject.

On their attorney's advice, the Prathers have kept the business open despite the ordinance and a notice from Corning police Chief Tony Cardenas stating they are in violation of a city ordinance and "are hereby ordered to immediately discontinue the operation of a medical marijuana collective."

The shop remains open without having received any violation citations from the city.

A medical marijuana dispensary in the county, Red Bluff Patient Collective, located at 22812 Antelope Blvd., was closed down after the Tehama County Board of Supervisors passed a 45-day emergency ordinance prohibiting pot shops in October.

The ban allowed the Sheriff's Department to issue violation citations to the shops owner on a daily basis, which it did, and the Tehama County District Attorney's Office promised to prosecute the owners, Michael and Dawn Marie Jenkins, if the shop didn't close down. It did so during the last week of November.

"Not everyone sees eye to eye on this marijuana issue," said Tehama County District Attorney Cohen, when the pot shop shut down. "Some call it medicine while others call it dope."

The City of Red Bluff also adopted a 45-day emergency ordinance banning pot shops as it worked on a permanent ordinance dealing with the subject.

Corning, Red Bluff, and Tehama County have extended their pot shop bans 10-months, 15-days to decide what to do about zoning and regulations for medical marijuana dispensaries, collectives, and cooperatives.

Cohen 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 feels that for those who "wish to push the marijuana envelope" they need to not be surprised when "law enforcement comes knocking".

Most recently in Corning, the Planning Commission recommended to the city council a proposed ordinance regulating the cultivation of medical marijuana within city limits. The city council is to discuss the proposed ordinance during its Jan. 26 meeting.