Marijuana dispensary appeals license revocation

Damian Mann / (Medford) Mail Tribune Published Oct 17, 2013 at 05:00AM

MEDFORD — A Medford marijuana dispensary that had its business license revoked has sent an appeal to the city, setting the stage for a potential legal showdown that could have statewide ramifications.

MaryJane’s Attic and MaryJane’s Basement, located in Medford, sent a certified letter to Finance Director Alison Chan appealing Deputy City Manager Bill Hoke’s revocation of its business license because of unlawfully dispensing medical marijuana.

The city has yet to receive a copy of the letter in the mail, officials said.

The owners of the businesses, Richard and Marlene Nuckols, have hired Portland attorney Leland Berger, who has defended other high-profile marijuana cases in the state.

Berger has asked the city to provide any information that was gathered as the basis to revoke the business license.

The city is relying on city code, which states that an existing licensed business that engages in illegal activity will have its license revoked. The ban on conducting business lasts for one year.

Berger said it’s too early to say whether he would appeal this case to the courts if the city upholds the revocation.

Rep. Peter Buckley, D-Ashland, who sponsored House Bill 3460, which provides a framework for establishing medical marijuana dispensaries throughout the state, said it is still unlawful to run a dispensary until the bill takes effect next March.

“There’s nothing in the bill that grandfathers in these places,” he said.