Long Beach Seeks Ban

  The Long Beach City Council will discuss a potential complete ban on medical marijuana collectives during next week’s council meeting.
  Ordinance 5.89, if approved by the City Council, would prohibit “medical marijuana dispensaries and cultivation sites from locating in the city of Long Beach.”

    Earlier this year, the appellate court judge who presided over the Pack v. City of Long Beach trial ruled that Long Beach’s 5.87 ordinance was at least partially against federal law — specifically, its permitting process that created a lottery system was ruled illegal.
       Here is a quote from city officials.

      “Protecting citizens from the secondary impacts and effects associated with medical marijuana and related activities, including, but not limited to, loitering, increased pedestrian and vehicular traffic, increased noise, fraud in obtaining or using medical marijuana identification cards, sales of medical marijuana to minors, drug sales, robbery, burglaries, assaults or other violent crimes.”

Lake Forrest Dispensaries Voluntarily Close

Patients in Lake Forrest

Score another one for the bad guys as attorneys for medical mariuana dispensaries have advised their clients to shut down while the this federal crackdown issue is being address.

Full story from OC Register: http://www.ocregister.com/news/marijuana-321612-federal-medical.html

Long Beach Shutting Down?!

More bad news on the medical marijuana news front as word from the dispensaries is that the city of Long Beach has sent out notices to all dispensaries in Long Beach to close within 21 days. 1 Love one of the coolest collectives in the LBC has sent out emails to their patients notifying them of this latest development. Those email notices apparantly went out on October 13, 2011.

The possibility that Long Beach will shutting down or atempting to shut down its dispensaries is an epic event.  Long Beach had enacted a controversal lottery system that allowed dispensaries to operate in a quasi-legal way. That lottery system was over thrown by a the Appeals court earlier this month.

Feds Go After Media

Wow the feds showing no respect for the 1st Amendment have now announced a coordinated policy of targeting media outlets that sell ads to medical marijuana dispensaries.

See Toke of The Town article:

http://www.tokeofthetown.com/2011/10/feds_to_go_after_newspapers_radio_for_medical_mari.php#more

Fed Crackdown Begins

Last week the fedeal crackdown on California medical marijuna dispensaries was announced.  Over the weekend it began in ernest.

NoHo Caregivers has been shut down. According to reports this was a for profit enterprise that was engaging in illegal marijuana distrubution.

http://www.dailynews.com/news/ci_19068188

Canna Clinics in Torrance and Garden Grove was shut down temporaraily over the weekend.

Garden Grove Update

Despite the upcoming federal crackdown on medical marijuana dispensaries in California, Garden Grove will still press on with its upcoming plan to regulate and allow medical marijuaa dispensaries in Garden Grove.

There was some initial puzzlement over just what Garden Grove would do in light of this federal crackdown. We now have at least an intiial answer.  Full story in OC Registger:

http://articles.ocregister.com/2011-10-08/news/30261483_1_dispensaries-medical-marijuana-susan-emery

The Feds Are Coming

The federal government, yes our federal goverment has announced a crackdown on California's Medical Marijuana dispensaries.  This results in an about face from Presdient Obama's initial hands off policy for medical marijuana dispensaries that are in compliance with their states law's and regulations.

See Los Angeles Times article detailing this policy change:

http://www.latimes.com/news/local/la-me-obama-medical-marijuana-20111008,0,5209592.story

Rancho Santa Margarita Bans Dispensaries

Seems like every week another city is misinformed and chooses to deny medical marijuna patitients acess to medical cannabis.  This time the misguided city is Rancho Santa Margarita.  The city council while not enacting an outright ban has chosen to enact a 45 day temporary ban.

While a 45 day ban on medical marijuana dispensaries may not seem so serious on its face the issue is that these 45 day bans usually result in much longer bans which are de facto permanent bans.

So we'll see how this plays out in Rancho Santa Margarita and we wish the medical marijuana community all the luck down there.

Crime Rates Decline Near Dispensaries

Say what! The Rand Corporation in a study just released has found that crime rates near dispensaries are actually less when the dispensaries are open as opposed to when they were forced to shut down.  Naturally law enforcement officials are now playing down these findings.

It should be noted that the Rand Corporation's mission is to improve policy and decision making through research and anyalysis. So far be it for some actual facts to get in the way of opponents to medical marijuana.

Full story: http://www.latimes.com/news/local/la-me-0928-marijuana-dispensaries-20110921,0,7776989.story

Drug Deaths Rise

Drug deaths now outnumber car fatalities as a cause of death in the United States.  This rise is fueled by a rise in prescription narcotic overdoses according to recent report by the Los Angeles Times. This increase is of no surprise to the medical marijuana advocates who laud medical marijuana as a safer alternative to many of the same symptoms prescription narcotics aim to cure. Such ailments such as pain, insomnia and stress are just a few of the ailments medical marijuana has arguably been found to be just as effective without the side effects.

Full text of the article: http://articles.latimes.com/2011/sep/17/local/la-me-drugs-epidemic-20110918 

San Diego Collectives Must Close!!

San Diego City Attorney Jan Goldsmith

Hear Ye, Hear Ye the king has spoken. San Diego City Attorney Jan Goldsmith has issued the edict that all medical marijuna collectives operating in the city of San Diego must now close.

This is a curious turn of events as this edict follows the city repealing its own procedures for allowing collectives within the city.   In response to those prosed regulations which  medical marijuana advocates deemed to harsh and restrictive they collected enough votes force the issue to a vote.  Rather than have a public vote on the issue the city withdrew its regulations.

It appears that the city of  is now pushing back against the expansion of medical marijuana collectives in its city limits.  The number of collectives in San Diego is now estimated at 187.

Full story in San Diego Union click here:

http://web.signonsandiego.com/news/2011/sep/03/city-attorney-marijuana-collectives-must-close-imm/?ap

Anaheim Ban Back On

By far the most publicized and significant case in Southern California has been the case of Qualifed Patients Association vs. The City of Anaheim.  Last fall the California Appellate Court sent this case back to the Superior Court for a trial on the legality of Anaheim's ban of medical marijuana.

Well now Judge Chaffee has now spoken.  Judge Chaffee is essentially saying that proposition 215 passed by Califonria voters in 1996 nor the the state law that came seven years later (SB 420)  preempt the autority of cities to regulate medical marijuana business in their respective cites. For the full story  from the Los Angeles Times click on the link below.

http://www.latimes.com/news/local/la-me-dispensaries-20110820,0,7595286.story?obref=obnetwork

Brea Shuts Down Dispensary

All eyes will now turn to the city of Brea in the latest battle over the regulation of medical marijuana by muncipalites.  The city has prevailed in the first round as Judge Chaffe Chafee who issued injunctions in March orderied all three dispensaries in Brea to close their doors. So far, one other dispensary has closed while the third clinic – which had its injunction stayed – remains open.


The next step in this battle for patients to get safe access to their medicene will be the California Court of Appeal.


So stay tuned.

Brea Shuts Down Dispensary

 Brea Medical Network a medical marijuana dispensary was ordered shut down by Orange County Superior Judge David Chaffey for violating a Premliminary Injunction that he had previously issued on June 27, 2011. http://www.ocregister.com/news/brea-306084-city-dispensary.html

The City of Brea has appointed a receiver to take over  a medical marijuana dispensary and effectively shutting down all but one of the medical marijuana dispensaries operating in the city.

Note Judge Chaffey is the judge who currently is presiding over Costa Mesa's battle to shut down its medical marijuana dispensaries.  Just what standards he is applying in shutting down the Brea dispensaries is something worth watching and paying attention to.  On the surface the Brea ruling seems to in violation of the Quality Patients ruling vs. the city of Anaheim in which he was overruled.  http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/187/734.html

Here is to hoping the attorneys for Brea Medical Network continue to put up the good fight and and appeal the ruling.

DOJ NO HELP

Such persons who are in the business of cultivating, selling distributing are in violation of the Controlled Substances Act (CSA) ...

Should I have expected anything else from our president?  As usual the Obama administration chooses the most politically expedient position it can find.  And I really don't know what I was thinking or feeling in the last few weeks when I actually thought that the Department of Justice would actually clarify its polices in such a way to help Americans get safe access to medical cannabis.

This new position was supposed to provide some guidance and assistance to patients and those who are in the business of providing medical cannabis. Instead we get a new memo that says that the prosecution of truly sick patients is not a priority but at the same time says those that provide the medicine for the truly sick are still subject to prosecution.

What's left is for Congress to pass real Marijuana legislation that ends federal prohibition of medical marijuana.  In fact and what has been reported by NORML and Toke of The Town, HR 2306 The Ending Federal Prohibition Marijuana Act of 2011 is now pending in Congress.

Whatever happened to states rights?? Stay Tuned...

San Diego County Licenses 1st Dispensary

San Diego County has issued its first license for a medical marijuana dispensary in unincorporated San Diego County today.

The full article can be found at http://www.signonsandiego.com/news/2011/jun/27/medical-marijuana-co-op-poised-get-first-county-pe/

Glendale To Permently Ban Dispensaries

Add the city of Glendale to the list of cities statewide ignoring the voice of the voters and seeking to permanently ban dispensaries within its city limits. The city had previously been operating under the infamous temporary moritorium weapon that many cities employ.  We will just have to stay tuned to see who chooses to take on the city's blanket denial of medical cannabis.

California's Not So Clear Path Ahead

The current status of California's medical marijuana laws are iffy at best.  From county to county, region to region law enforcement action and municipality enforcement provide a cloudy outlook on medical cannabis in the golden state.  The Los Angeles Times recently took a look at all of the various bills in the legislature.

http://articles.latimes.com/2011/jun/17/local/la-me-marijuana-20110617

The IRS - A Word To The Wise

While parts of California enjoy at least being tolerated by law enforcement and the protection of  its Medical Marijuana laws, there is one constant that must always be respected.  The three  biggest letter in the adult alphabet....IRS.  The IRS can take down even the most well managed  and efficent medical marijuana dispensary if they are not compliant with federal tax laws.

According to Forbes columnist Robert W. Wood, the agency is relying on Internal Revenue Code Section 280E, which "precludes deductions for any business trafficking in controlled substances." While dispensaries are legal in some states, including California, marijuana trafficking remains illegal on a federal level. The IRS is arguing that normal business expenses that most companies can deduct on their taxes are not applicable to dispensaries.

The Marin Alliance for Medical Marijuana in Fairfax, Calif., was the first dispensary to be hit with this ruling earlier this year. Founder Lynette Shaw told the Marin Independent Journal of California that the IRS audited the company's returns for 2008 and 2009 and disallowed all of the alliance's business deductions such as buying marijuana, hiring employees, and renting office space. Shaw did not disclose the amount the IRS told her she owes, but she described it as "a staggering sum" totaling several million dollars.


The best advice- add a medical marijuana accountant to your team. He/she will more than pay for itself.
Its the cost of doing business.  "This is the business we've chosen."

Imperial Beach Bans Dispensaries

Proving there is no shortage of irrational thinking the city of Imperial Beach voted to ban medical marijuana dispensaries in their fair city.  Imperial Beach is only 2 square miles you would have thought the city decision makers would have allowed at least one.  But a complete ban?! Really...

Naturally the default argument of dispensaries being a hub of crime was cited. Funny how no one mentions all of the liquor stores in Los Angeles, and Orange Counties.  Could it be all the taxes liquor stores generate?

As for Imperial Beach...30 days is the over-under for the filing of the first law suit against the city.

Full text: http://ww.signonsandiego.com/news/2011/jun/16/imperial-beach-bans-medical-marijuana-dispensaries/

Imperial Beach Considers MJ Dispensaries

The San Diego County city of Imperial Beach will conduct public hearings today June 15 on the issue of allowing medical marijuana dispensaries within their city limits.

Here's to wishing logic and rational thinking prevail tonight. 

Full text: http://www.signonsandiego.com/news/2011/jun/15/imperial-beach-hear-views-dispensaries/

Montel Williams Joins The Medical Marijuana Industry

Wow, what a first half of the year our state's capital is having. First Arnold leaves town (addition by subtraction), their NBA team the Sacramento Kings decide to stay another year in Sacramento and now Sacramento gets a high end marijuana dispensary!  The Albatin Wellness Cooperative is now owned by entertainer, and now medical marijuana advocate Montel Williams. 

This is just another sign of both the growing legitimacy of the medical marijuana industry and the common sense approach that is needed on this issue.  For Williams who suffers from Multiple Scolrosis  the issue of safe access to medical marijuana is both personal and significant. "It's absurd. I can go get morphine pumped into my system and nobody's got a problem," he said. "But all of a sudden they're really worried if I smoked a joint,"said Williams.

Now if Montel can improve the Sacramento Kings like he improved his new dispensary!


Full text of the article from Sacramento Bee:
http://www.sacbee.com/2011/06/14/3698335/tvs-montel-williams-comes-to-sacramento.html

Fresno County Raid

Add Fresno County as another hostile location in California for law abiding medical marijuana dispensaries.  The Fresno Bee is reporting that over 200 local, state and federal law enforcement officials raided five different dispensaries.  Police confiscated marijuana, and bank records. No arrests were made in the raids nor were any shops forced to close.  

Law enforcements way of saying hi?

Great Ruling in San Diego County

Public Nusiance... Not.  Superior Court Judge John Meyer sided with medical marijuana dispensary, MediBloom Inc., holding that they are NOT a Public Nusiance and they do not have to shut down pending trial. Other important points in the ruling:

• Federal law does not preempt state law on this issue ;
• Although not stated Judge Meyer seemed to imply that cities and municipalites need to bring actual evidence to court not mere conclusions;
•  MediBloom could even be considered a private club or medical clinic which are permitted uses.

MediBloom was capably represented by attorney Lance Rogers.  Nice work Mr. Rogers!

Full text: http://www.signonsandiego.com/news/2011/jun/10/judges-ruling-allows-medical-pot-dispensary-stay-o/

Medical Cannabis Users Victorious In Oregon

At first glance  the right to carry a concealed weapon and the right to possess medical cannabis seem like an odd pair. However  both of these separate rights represent an important aspect of the medical cannabis movement.  The right at issue here is states rights which is spelled out in the 10th amendment of the constitution. Ironically, it is the power of this argument that gives the medical cannabis movement such power in court. In actuality the state's rights argument hamstrings even the most conservative of judges and pretty much complex an educated judge to rule in favor of safe access to medical cannabis.

Basically what happened in this instance is that state officials in Oregon were asserting that federal regulations bar drug addicts from possessing a medical marijuana card.  The Oregon Supreme Court  disagreed with that argument and ruled in favor of the medical marijuana card holder.

I assert the more pro state rights rulings we have like this the better even if its in areas that may seem unrelated. This ruling is especially timely in light of U.S. Attorney General Eric Holders announcement that his office will soon come up with a policy that will clarify his office's position on medical marijuana.

For full text click here: http://www.latimes.com/news/nationworld/nation/la-na-oregon-pot-20110520,0,3570087.story

City Medical Regulation Bill Proposed

A new bill has passed the California Assembly.  AB1300 is designed to let cities and other local governments make decisions about locations, crime prevention, licensing, taxation, hours and other rules related to marijuana distribution. The bill was approved 53-1 Friday and goes to the Senate. 
The more reasonable regulations that exist the better it could be for the dispensaries as the regulations could actually legitimize them.

Attorney General To Clarify Federal Policy

Attorney General Eric Holder

Nothing seems more confusing to those in the industry and potential entrants to the industry than the marked difference of state law and current federal policy of medical marijuana. The usual question goes something like this. "You mean as long as I comply with my states guidelines, everything is all good, right?" Uh, no, there is a conflict is the only accurate response.

Well, some potentially promising news came from United States Attorney General Eric Holder this week.  Holder has announced that his office will soon be adding clarification to a federal policy that is distinctly at odds with the laws of at least 16 green states.

Federal raids in San Diego, San Luis Obisco, Washington,  Montana and Michigan have all occurred in states with Medical Marijuana laws on the books.

Full text found at http://www.tokeofthetown.com/2011/06/ag_says_feds_will_work_with_states_on_medical_mari.php

Costa Mesa Injunction Update

The more things change the more they remain the same as the saying goes.  Orange County Superior Court Judge Chaffe heard arguments today from both sides of the city of Costa Mesa "Nusiance" injunction today in court.  This matter was in court today regarding the issuance of a Preliminary Injuction being sought by the city of Costa Mesa.

The bottom line was that Judge Chaffe told all parties he is going to take the matter under submission before issuing a ruling.  Among the attorneys zealously representing the dispensaries were Chis Glew, and Todd Minzer (spelling).  Both attorneys appeared well prepared and well versed on the law.

One interesting thing that came out of the hearing is how petty the city of Costa Mesa is being with this matter. For instance Glew brought up the fact that the city is hindering the curing of the violations that they themselves are are seeking to enjoin.  Glew told the court that the city will not even come out to inspect or fully inform the defendants exactly what the violations are. Note this may be cleared up as the attorneys and city officials appeared to reach an agreement on this issue after the hearing.

It seems that the attorneys have been able to ensnare the city in its own arguments here as the city sought to enjoin several massage parlors and dispensaries under one umbrella so as to disguise their true intention of going after the dispensaries.  That plan has largely backfired as attorney Minzer keenly pointed out that any alleged prostitution activities cannot properly be coupled with the dispensaries since prostitution is illegal under state law.

Said Minzer, "the city is offering no additional harm but patients will suffer due to lack of safe access allowed under state law. " Well said counselor.

Expect a ruling in about a week.

Whittier Police Get NASTY!!!

Last week Whittier Police Department apparantly brushing up on its raid tactics used brute force in a raid that shut down dispensaries that were operating without a license.  Word is the city has stopped giving them out.  Full story click here
http://www.whittierdailynews.com/crime/ci_18113350

Long Beach Update

Recently I have been hearing quite a few rumors about the city of Long Beach and Long Beach Police Department intimidation directed towards dispensaries located in the City. Reports include detectives kicking in doors, city officials citing owners up to $1,000.00 per day.

These reports are troubling when you consider that the dispensary establishments being targeted are doing everything in their power to be compliant but still find themselves targeted as if they were running illegal drug operations.

Medical Marijuana Industry Facts

The medical marijuana industry is no longer just a junior varsity player waiting in the wings for a shot.  The industry is rapidly growing and is now a multi-billion dollar industry. And this is only with 16 green states.  No wonder why the industry is now viewed in glowing terms about its growth prospects.


For the complete article read here:
After humble California beginnings in 1996, 15 states and the District of Columbia now have legalized marijuana use for ill patients who have a doctor's recommendation.

San Diego Update

Perhaps no city or county is more hostile to medical marijuana than San Diego.  In light of the recent defacto ban imposed by the San Diego City Council, California Cannabis Coalition and Patient Care Association of California has collected 47,000 signatures to force a referendum to end the ban.
For full text of the article click here.
http://www.tokeofthetown.com/2011/05/san_diego_medical_marijuana_ban_suspended_signatur.php

Oceanside Moritorium

Oceanside Moritorium has now expired. For full article from the San Diego Safe Access click here
http://www.safeaccesssd.org/2011/05/oceanside-moratorium-on-dispensaries.html


lawyerwarrior@aol.com

Costa Mesa Update

Last week medical marijuana dispensaries in Costa Mesa won a key ruling when Orange County Superior Court Judge David Chaffee lifted the temporary restraining order against Herban Elements and the other dispensaries located at 440 Fair Drive in Costa Mesa.   A June 3 hearing is now scheduled for a permanent ruling on whether the dispensaries can remain open.

For full text from the OC Weekly :http://blogs.ocweekly.com/navelgazing/2011/05/sue_lester_oc_weekly_cover_gal.php



lawyerwarrior@aol.com

Marijuana Cultivation Bill Progresses

Just picked up this nugget from the excellent NORML website this week.

The California Assembly is considering legislation, AB 1017, to reduce criminal penalties for marijuana cultivation. The bill seeks to downgrade cultivation from a mandatory felony to a “wobbler” or alternative misdemeanor.

This would be huge step in the right direction as taking this out of a mandatory felony category saves  a potential arrestee the stress of facing a felony prosecution even for a first time offense. Misdemeanors are much easier to resolve from all sides.

It would provide cost savings, spare a the person charged with having to get bail and not require a preliminary hearing to occur in every cultivation case.

questions email at lawyerwarrior@aol.com

5 Worst States To Get Busted In*

1.  Oklahoma

2.  Texas

3.  Louisana

4.  Arizona

5.  Florida


*Source: NORML

RAIDED!!!!

Yes that ugly six letter word can happen to any dispensary even those operating with impeccable paper work, accountants and attorneys on referral.

The question is what to if you are raided.  In short the best advice is DO NOT RESIST.  That is what adrenaline driven, coffee drinking law enforcement officers are trained to combat.  To resist is a zero sum game that will leave you bloody, possibly beaten and certainly in jail.

Best advice is to do the following:


1)  Hands up. Put your hands up right away.  Sounds corny but this will put them a little more at ease and increases your chances of going home after the raid is over.

2) Be Still. Do not make any sudden movements.  Believe it or not they are just as nervous as you are-the only difference is that they have automatic weapons aimed at you.

3) Obey their commands.  Sorry but at this point in the game the police are in charge.  Sometimes discretion is the better part of valor.

4) Stay calm.Getting overly emotional at this point will serve no useful purpose. Similarly swearing at the officers during a raid can only make a bad situation worse.  Keep your composure to get through this rough situation and let the lawyers handle things once the raid is over. 

Now the first four items are easy. The next item if followed can save you and everyone else a lot of legal drama.  It is invaluable to keep your Mouth Shut!

5) Don't talk. You are under no obligation to provide law enforcement officers any information regarding the dispensary, collective or co-op. You are under no obligation to give the officers any financial information.  And it goes without saying patient information is protected by state and federal law. Provide your name but nothing else.  As they say in the marines, name, rank and serial number.

6) Invoke your Miranda Rights!  If you don't know what they are are here you go:

• You have the right to remain SILENT.  Anything you say can be used against you.
• You have the right to a lawyer
• If you cannot afford one, one will be appointed for you.

These are just a few things you can do to get through a very hostile and tense situation.  Any questions or concerns please email lawyerwarrior@aol.com.

California Medical Marijuana Law 2011

In 2003 Senate Bill 420 was passed as an extension and to clarify Proposition 215 the Compassionate Use Act (CUA) passed by California voters in 1996.  The Medical Marijuana Program was established to provide a state wide medical marijuana card issuance program for qualified patients and their care givers.

On August 25, 2008 Governor and then Attorney General  Jerry Brown issued guidelines to assist qualified patients and law enforcement officers.  These guidelines state that marijuana collectives should operate as non-profit organizations and verify its members are qualified patients and maintain records of its activities. 

So does this mean its legal for those now wishing to get into the California green rush? Well sort of.  The reason is for that answer is because California as stated above does have in existence a medical marijuana law.  But here is the kicker .....there is NO FEDERAL MEDICAL MARIJUANA LAW!

In plain language this means one could be completely in compliance with state law but still be raided by the Drug Enforcement Agency (DEA) or other federal agencies and prosecuted by the federal government in federal court.

In California to obtain medical marijuana you must get a doctors recommendation. Doctors cannot prescribe it because it is schedule one controlled substance and pharmacies do not carry it.  Once you obtain your doctors recommendation you can then obtain medical marijuana legally at a dispensary.

questions email at lawyerwarrior@aol.com