PaulyRocket
420 Member
An operator of a Fresno medical-marijuana dispensary, after being found guilty this morning of violating a court order banning him from selling the drug, said defiantly he would continue to distribute pot today.
Fresno County Superior Court Judge Donald Franson Jr. sentenced Rick Morse to 100 hours of community service for violating the order. Morse faced misdemeanor charges of selling or distributing marijuana.
Morse, however, told the court he would return to his Tower District dispensary today and continue providing marijuana to his clients.
Franson set a followup hearing for May 14. If Morse, 48, has not fulfilled his community service by then, the judge said he would sentence him to 25 days in jail.
"You might as we well put me in jail now because I'm not going to follow the order of the court," Morse said to the judge.
Franson denied city attorney Michael Flores' request to jail Morse immediately, and added that city authorities could not arrest Morse between now and May 14 for violating the court order.
"I'm not going to throw you in jail," the judge told Morse. "You will do it yourself."
Earlier this morning, Morse told Franson the court order was unconstitutional because the city zoning ordinance that prohibits him from selling marijuana to ill patients was unconstitutional.
Morse represented himself at the arraignment on the misdemeanor charges. He spent nearly an hour this morning advancing his legal arguments before Franson. The judge responded that Morse's opinion of what is constitutional was not relevant to his violation of the court order against dispensing marijuana to clients.
Franson denied Morse's request to call Fresno Police Chief Jerry Dyer, interim City Manager Bruce Rudd, City Council Member Henry T. Perea and other city officals as witnesses in his case. Morse contends city authorities conspired to put him out of business and violate his civil rights.
California voters passed a law in 1996 that allows qualified patients to use medical marijuana. But in August, Fresno city officials sued to close nine dispensaries on the grounds that they violate a zoning ordinance that requires them to comply with both the state law and federal law; the latter prohibits marijuana sales.
Franson and Superior Court Judge Alan Simpson have sided with the city, ordering all nine dispensaries in Fresno to shut down.
Despite the court orders, Morse continued to sell marijuana from his Medmar clinic on Olive Avenue near Palm Avenue.
Pot clinic owner defiant in Fresno court
Source: The Fresno Bee
Author: Pablo Lopez
Copyright: 2010 The Fresno Bee
Website: Pot clinic owner defiant in Fresno court - Updates - fresnobee.com
Fresno County Superior Court Judge Donald Franson Jr. sentenced Rick Morse to 100 hours of community service for violating the order. Morse faced misdemeanor charges of selling or distributing marijuana.
Morse, however, told the court he would return to his Tower District dispensary today and continue providing marijuana to his clients.
Franson set a followup hearing for May 14. If Morse, 48, has not fulfilled his community service by then, the judge said he would sentence him to 25 days in jail.
"You might as we well put me in jail now because I'm not going to follow the order of the court," Morse said to the judge.
Franson denied city attorney Michael Flores' request to jail Morse immediately, and added that city authorities could not arrest Morse between now and May 14 for violating the court order.
"I'm not going to throw you in jail," the judge told Morse. "You will do it yourself."
Earlier this morning, Morse told Franson the court order was unconstitutional because the city zoning ordinance that prohibits him from selling marijuana to ill patients was unconstitutional.
Morse represented himself at the arraignment on the misdemeanor charges. He spent nearly an hour this morning advancing his legal arguments before Franson. The judge responded that Morse's opinion of what is constitutional was not relevant to his violation of the court order against dispensing marijuana to clients.
Franson denied Morse's request to call Fresno Police Chief Jerry Dyer, interim City Manager Bruce Rudd, City Council Member Henry T. Perea and other city officals as witnesses in his case. Morse contends city authorities conspired to put him out of business and violate his civil rights.
California voters passed a law in 1996 that allows qualified patients to use medical marijuana. But in August, Fresno city officials sued to close nine dispensaries on the grounds that they violate a zoning ordinance that requires them to comply with both the state law and federal law; the latter prohibits marijuana sales.
Franson and Superior Court Judge Alan Simpson have sided with the city, ordering all nine dispensaries in Fresno to shut down.
Despite the court orders, Morse continued to sell marijuana from his Medmar clinic on Olive Avenue near Palm Avenue.
Pot clinic owner defiant in Fresno court
Source: The Fresno Bee
Author: Pablo Lopez
Copyright: 2010 The Fresno Bee
Website: Pot clinic owner defiant in Fresno court - Updates - fresnobee.com
