Medford, Ore. -- It's official, the Medford City Council voted unanimously to revoke Marlene Nuckols' business license. She owns MaryJane's Attic and MaryJane's Basement. The store sells local products and also provides cannabis to medical marijuana cardholders. Nuckols' long battle with the city has come to a heartbreaking end with orders to now shut down her store.
"[We] basically reached the conclusion that the business license of MaryJane's Attic and MaryJane's Basement is revoked," said Medford City Attorney, John Huttl in Thursday's city council meeting.
Those words were a blow to Nuckols. Tears streamed down her face during meeting.
"It's not the outcome I wanted, but it's the outcome I expected," said Nuckols.
Now because of the council's final decision to uphold her business license revocation, her store is set to close.
"I do want to say thank you to everybody who supported us it just meant a lot all the phone calls and the good wishes," Nuckols said.
"They're no longer permitted to do business in the city of Medford at that location," said Medford City Councilor Daniel Bunn.
The decision was a unanimous one.
"They were dispensing you can't dispense. that's a violation of federal law," said Medford Police Chief Tim George.
However, Nuckols contends she's done nothing wrong. But if she continues to operate past March 21st, she could receive $250 citations for every day she remains open.
Nuckols said she's respecting the council's decision, that is until she and her attorney can file an appeal with the circuit court.
Actions on the city's part have run their course, but the fight looks like it may continue in court.
Nuckols plans to file what's known as a Writ of Review with the circuit court on Friday.
While the court looks over her appeal, she said it's possible she may be able to stay open.
According to officials with the City of Medford, Nuckols will lose her business license one year starting from the time alleged unlawful activity was discovered by Medford police on July 17, 2013. She would be able to reapply for a business license after that date. However Bunn said if she decides to reopen and act as a dispensary, Medford's moratorium would not allow it.
Medford officially adopts moratorium on medical marijuana dispensaries
This week Oregon Governor John Kitzhaber approved a move that would allow local cities and counties to enact a temporary ban, or moratorium, on medical marijuana dispensaries until May 2015.
At Thursday's council meeting the City of Medford took a final action and officially declared a moratorium. However Bunn said the city council feels they have the authority to continue the ban if they so choose.
"We think we have the authority to have a moratorium regardless of the state action. So our moratorium will continue in effect permanently. It'll go past the expiration date," said Bunn.