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...