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MARIJUANA Medford's first pot dispensary ready to go City could lift moratorium on Dec. 1 Comment By Damian Mann Mail Tribune MailTribune.com By Damian Mann Mail Tribune Posted Oct. 6, 2015 at 5:26 PM By Damian Mann Mail Tribune Posted Oct. 6, 2015 at 5:26 PM » Social News A cannabis dispensary owner who was shut down twice by Medford officials in Jackson County Circuit Court might be the first to receive a dispensary business license in the city after Dec. 1. “I am completely ready to open as soon as they allow it,” said Phil Carvalho, owner of Patients Helping Patients on West Main Street and former owner of The Lounge on East Main Street. Neither store had a business license, but Patients Helping Patients has a license from the state to dispense medical marijuana. If he gets approval for the Medford business license, Carvalho said he will not allow smoking marijuana on the premises of his business, which he did previously. “It’s not worth it to take those dumb risks,” he said. However, employees who have medical marijuana cards are allowed under state law to take their medicinal marijuana at work. The City Council has agreed to lift its 17-month moratorium on medical marijuana dispensaries, and Carvalho said he has everything ready to open for business. Meanwhile, another dispensary that has tangled with the city in the courts, MaryJane’s Attic and Basement, was cited recently by the city for dispensing medical marijuana in defiance of local ordinances. MaryJane’s has a business license to sell clothing and other products but not marijuana. The City Council has approved the first reading of an ordinance that would allow medical marijuana dispensaries to seek a business license after Dec. 1. The ordinance would also allow other marijuana-related businesses to operate within the city. But the ordinance won’t allow the sale of recreational marijuana in Medford until sometime after the Oregon Liquor Control Commission sets up rules and regulations for pot sales, even though most dispensaries in the state are allowed to sell recreational marijuana. Carvalho said he will not allow recreational cannabis sales in his dispensary until the city approves it. Deputy City Attorney Kevin McConnell said Carvalho could submit a request for a business license on Dec. 1, if the council approves the ordinance on its second reading. “I don’t see a basis for denying him,” McConnell said. “MaryJane’s is going to be a different story.” Since MaryJane's has a business license and appears to be in violation of city rules, McConnell said the city may have to revoke MaryJane's business license for one year because of its violation. The city received multiple reports that MaryJane's was dispensing marijuana, McConnell said. On its Facebook page, a customer of MaryJane’s described on Sept. 2 her excitement at finding the right strain of marijuana for a particular ailment. “Thanks for helping me select the proper medicine today,” the customer wrote on Facebook. “The Rascal Lemon Diesel is topshelf!” MaryJane’s Basement responded to the post: “You’re welcome! Glad we could help you find something that works for you!” In March 2014, Jackson County Circuit Judge Timothy Gerking allowed MaryJane's Attic and Basement to reopen as long as it didn't dispense medical marijuana. Medford police Chief Tim George said Marlene Carol Nuckols, owner of MaryJane’s, received a citation on Oct. 1 for operating without a proper business license. Police allegedly determined Nuckols was operating a medical marijuana dispensary on Sept. 29. Medford Municipal Code 8.015 states: "No business license shall be issued to any person or entity engaged in the transfer, exchange, distribution, provision, or furnishing of marijuana, with or without consideration, for any purpose." Code 8.003 states that businesses with an existing license who are found to be breaking the law will lose their license for one year. McConnell said Carvalho operated his dispensary without a Medford business license, so it’s not subject to the same one-year rule as MaryJane’s. “Business license code is not a personal thing,” McConnell said. “If you’re a currently licensed business and you break the rules, you can’t do business in the city for a year.” Reach reporter Damian Mann at 541-776-4476 or [email protected] . Follow him on Twitter @reporterdm . By Damian Mann Mail Tribune MailTribune.com By Damian Mann Mail Tribune Posted Oct. 6, 2015 at 5:26 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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