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Is pot place a dispensary or a co-op? Judge will decide
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A preliminary injunction that could have closed the recently opened marijuana dispensary on West Yosemite Avenue was continued from Monday morning at 8:15 to today at the same time.

An attorney for the Q & E Co-op asked Superior Court Judge Lesley Holland for a 30-day continuance in the hearing Monday, but was given only 24 hours until this morning to be present for the hearing in Department 13 of the Stockton courthouse.

Don Lupul, assistant city attorney, is representing Manteca in the injunction request.

The downtown Manteca dispensary opened last week at 311 West Yosemite Avenue where patrons are required to present a doctor’s recommendation before they may pass by a security guard posted outside the front door of the facility.

While medical marijuana use is presumed to be a need of those with severe chronic pain or uncontrollable anxiety, most of those seen entering the facility last week were young adults who appeared to be healthy.

Lynn Scott is the manager of the dispensary that was first described to city officials as a pharmacy.  It closed for one day last Friday after Police Sergeant Danny Erb asked Scott to voluntarily close the facility until he could obtain appropriate licensing.

Scott reportedly operates the Stockton dispensary on East Acacia Avenue in the old Meadows Camera Store building.  Unlike Manteca, Stockton has opted to allow the Pathways Health Co-op to operate its facility – also requiring a letter of recommendation from a physician on the first visit.  Their online website offers a coupon for a half gram of their product with a first purchase.

The Stockton dispensary prides itself in being the first not-for-profit cooperative in the San Joaquin Valley.  “Our goal is to provide a unique fusion of holistic medicine, natural supplements and health food to the community,” its website states.

It was late in 2009 that the Manteca City Council refused to consider an ordinance to legalize a medical marijuana dispensary in Manteca.  The San Joaquin County District Attorney’s Office took the stance that if the business were truly a collaborative operation it would not prosecute, however Manteca’s position is that the West Yosemite Avenue outlet is, in fact, a dispensary.

Police Chief Dave Bricker said he sees the operation as a business and a dispensary which he feels is illegal under city, county and federal laws – a final determination being left up to a judge.