Medical Marijuana Dispensary Takes SF To Court

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    NEWSLETTERS

    Could you argue with this? The city of San Francisco will.

    First they said he could. Then, they said he couldn't. Now, he's taking them -- as in the city of San Francisco -- to court for the right to sell legal marijuana.

    A courtroom is only the latest stop in the saga of a proposed medical marijuana dispensary in San Francisco's Sunset District, according to the San Francisco Examiner.

    Greg Schoepp, the would-be operator of Bay Area Compassion Health Center, which received Planning Commission approval to operate a pot club at 2139 Taraval Street at 31st Avenue, will ask a San Francisco Superior Court judge to restore the permit a Board of Appeals ruling revoked. The Board of Appeals said that because of a typo in city planning code, and because many neighbors of the proposed pot club didn't want it in their neighborhood, the Planning Commission made a mistake in approving the dispensary location.

    Schoepp and his attorney will argue that it was the Board of Appeals who made the error. This case is believed to be the first time a cannabis dispensary has taken the city to court for the right to sell legal weed.

    State law may also be in Schoepp's side -- there are no medical cannabis dispensaries on the city's West side, and medical cannabis patients are, at least in theory, guaranteed "safe access" to their preferred medicine under 1996's Compassionate Use Act.

    The City Attorney could not comment, citing pending litigation. The case will be heard in court on Nov. 4.