Lawsuit filed against two marijuana dispensaries

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On Aug. 23, the city of Stockton filed lawsuits against two of the remaining marijuana dispensaries – Elevate Wellness and Collective 1950.

The lawsuit against Elevate Wellness, located at North Union Street in Stockton, accuses the shop of being a public disturbance and a danger to the area. Elevate Wellness is temporarily not in operation.

“Stockton is exercising its duty and interest in protecting the public health, safety, and welfare within the corporate limits of the city,” according to the lawsuit.

The lawsuit states these dispensaries are causing public disturbance.

“There haven’t been any disturbances in this area,” said a source connected to a local marijuana shop who didn’t want named in fear his location would be served next. “It’s always pretty relaxed here.”

Most dispensaries don’t make it obvious the building is in fact a dispensary.

There aren’t any huge signs saying “Buy pot here!”

This way the only people who know about the dispensary and are on the premises are legitimate patients and not random “fiends” being disruptive to the area.

According to weedmaps.com, Stockton has five medical marijuana dispensaries and three mobile services.

The lawsuit against Elevate states another concern from the city is safety.

“If the dispensaries are closed down it could cause some problems; people will have to go out of town to get medication and if some patients have issues with getting transportation out of town, they won’t be able to get their medicine,” said another source, who also declined being named for fear of retaliation.

“This could lead to patients having to illegally buy medication on the streets that may or may not be laced with something.”

There is concern about medicinal marijuana being sold to minors or anyone who isn’t a legal medical marijuana patient.

However, there is no need to worry about this because in order to get inside the building, one must present a medicinal marijuana card.

In order to get a card, you would have to go to a separate building, which is a doctor’s office, and apply for one, according to the California Compassionate Use Act.

Patrons must sit with a doctor and discuss reasons for needing a card and minors must be accompanied by a parent or guardian.

The lawsuit says before any person or entity may start or operate a business, that person or entity must apply for and obtain a business license.

“The City of Stockton has no plain, speedy, or adequate remedy at law, and injunctive relief is expressly authorized in California Code of Civil Procedure,” states the lawsuit. “…A permanent injunction to prevent Defendants from operating a medical marijuana dispensary in the City of Stockton is necessary in this case to abate and prevent the continuance of this public nuisance.”

It won’t be known whether Elevate Wellness will be permanently closed down until the official court date in January