Council to consider ban on pot dispensaries

MediLeaf's petition to stay open during appeal denied

Gilroy’s City Council will discuss a possible ban on medical
marijuana dispensaries Monday at its regular meeting.
Gilroy’s City Council will discuss a possible ban on medical marijuana dispensaries Monday at its regular meeting.

The council voted on Oct. 12 not to approve an ordinance that would allow zoning for medical marijuana dispensaries within city limits. The rejection of the ordinance effectively banned MediLeaf, a medical marijuana dispensary that opened without a business license the following month.

During the Oct. 12 meeting, City Attorney Linda Callon told council members that an outright ban on dispensaries would be unnecessary. However, Andy Faber, an attorney who is representing the City of Gilroy in a case against MediLeaf, told the council Dec. 30 that circumstances had changed after U.S. Attorney General Eric Holder issued a directive to federal prosecutors in October stating that the federal government should not prosecute medical marijuana dispensaries as long as they adhere to state law.

Also during Monday’s meeting, Councilman Perry Woodward has requested that the council discuss recuperating legal fees from Berliner-Cohen in all matters against MediLeaf. Woodward has said the legal firm, which represents the City of Gilroy, has given poor advice to the city. As of late December, the city had spent an estimated $37,300 on litigation against MediLeaf.

Superior court judges have denied the city a preliminary injunction against the dispensary, which would have shut the dispensary down pending a trial.

The council also will discuss an ordinance regulating massage establishments and will consider whether closed sessions should be videotaped.

It will have a closed session discussion about a lawsuit against WLC Architects, the firm that designed Gilroy’s police station.

Monday’s meeting begins at 7 p.m. at the Gilroy City Council chambers, 7351 Rosanna St. A 6:30 p.m. study session before the regular meeting will focus on priorities for various grants related to housing and community development.

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