Pot dispensary appeals Medford ban

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

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

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 Medford City Code Section 8.003(3), which states that an existing licensed business that has engaged in illegal activity shall have its license revoked. The ban on conducting business would last for one year.

Berger said it's too early to say whether he would appeal this case to the courts if the appeal to the city fails.

"Time will tell," he said.

— Damian Mann

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