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Oakdale moves ahead with medipot dispensary ordinance
by Cal Pot News (repost)
Monday Jan 4th, 2010 6:34 PM
According to this Modesto Bee story, the Oakdale City Council is moving ahead with a proposed ban on medical marijuana dispensaries after its earlier moratorium expired.

Police Chief Marty West said one of the purposes of the proposed ordinance is to prevent medical marijuana dispensaries, which are legal under state law but not under federal law, from setting up shop in the city. Oakdale had a temporary ban against such businesses, but it has expired.

Modesto and four other Stanislaus County cities have banned medical marijuana sales, according to Americans for Safe Access.

Oakdale passed its temporary moratorium in 2007 after the Oakdale Natural Choice Collective opened in April of that year. In August 2007, law enforcement officers raided the dispensary and arrested eight people, including owner Addison DeMoura.

In October, a Stanislaus County Superior Court judge dismissed the charges against DeMoura, his wife and employees for a lack of evidence.

The judge said officers left out “very important” facts when they asked for a search warrant for the collective. One of those facts, the defense argued, was that a confidential informant sent by agents to buy marijuana had a valid medical recommendation as required by California law.

DeMoura has said he wants to reopen a marijuana collective in Oakdale, according to the ModBee. He filed a federal civil rights lawsuit July 31 against Oakdale, the county and several law enforcement officers who raided the dispensary and his house.