UPDATE: Judge revokes Mary Jane's Attic's business license

, Posted: Mon, May 5 2014 at 4:11 PM, Updated: Tue, May 13 2014 at 9:41 PM

UPDATE: Judge revokes Mary Jane's Attic's business license

Update (5/13 4pm):  On Tuesday, a judge upheld the city's decision to shut down MaryJane's Attic and MaryJane's Basement.

The owner of the business, Marlene Nuckols, says the store is not a dispensary, but a "go-between" for patients and growers of medical marijuana.

However, a Jackson County Circuit Court judge said he is upholding the City of Medford's decision to revoke the store's business license.

According to the ruling, there's substantial evidence to support the city's stance that the business was not only distributing cannabis to card-holders,but receiving more money in return than allowed under state law.

It went on to say that even if the activities were allowed under state law, it is preempted by federal law which says marijuana is illegal.

Marlene Nuckols, the store's owner was not available for comment.

The following is part of the press release issued by John Huttle, the Medford City Attorney:

The Jackson County Circuit Court upheld the City Council's decision to revoke Mary Jane's Attic/Basement's business license.

According to the City of Medford, the court held that there was substantial evidence in the whole record to support the Council's conclusion that the business owners engaged in unlawful activity by:

1. Distributing marijuana to registry identification cardholders in violation of ORS 475.304

2. Distributing marijuana and receiving compensation in excess of the amount allowed under ORS 475.304.

Also according to the City of Medford, the court also found that even if the business owner's activities were legal understate law, ORS 475.304 is unenforceable because it is preempted by the Supremacy Clause of the United States Constitution.

The court held that the City didn't make an error by inadvertently renewing Mary Jane's Attic/Basement business license during the revocation process.

Medford, Ore. -- A Medford medical marijuana dispensary just received their license to operate from the Oregon Health Authority.

Mary Jane's Attic and Mary Jane's Basement owner Marlene Nuckols says they received the license Monday afternoon.

However, there are still hurdles Nuckols will have to face.

This week a judge will determine whether the city of Medford made the right call when they revoked her business license late last year.

Medford City Councilors have voted not to allow medical marijuana dispensaries in city limits.

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