Marijuana Dispensaries Told to Shut Down
Category: Dispensaries | Posted on Thu, March, 8th 2012 by THCFinder
Medical marijuana shops in Fresno County have been told to shut down on Thursday, which is the deadline set by an ordinance passed last year.
The shops have until the end of the business day to comply.
Medical marijuana is legal under state law but illegal under federal and more cities and counties are regulating where those shops can open.
Some say it's a matter of pubic safety. Fresno County Supervisor Debbie Poochigian said, "That is our intent; get them out of neighborhoods, and I think, you know, I think the ordinance does that."
Attorney Brenda Linder said, "I think rather than curbing crime, they're creating more, and they're taking sick people that are in compliance with state law and I think they're making them feel like criminals."
Supervisors say they're prepared to sue any dispensaries that refuse to close.
Court ruling could limit cities' power to prohibit marijuana dispensaries
Category: Dispensaries | Posted on Tue, March, 6th 2012 by THCFinder
The latest development in the fight over medical marijuana could sharply limit cities' power to prohibit marijuana dispensaries.
A recent opinion, from the division of the state's Fourth District Court of Appeals that meets in Santa Ana, holds that since California law provides for dispensaries, cities cannot ban them by declaring them to be a public nuisance.
A dispute between the Orange County city of Lake Forest and a dispensary called Evergreen Holistic Cooperative led to the new opinion.
The city asked for a court order to shut down the Evergreen Holistics because Lake Forest zoning laws did not allow dispensaries, but the appelate court ruled unanimously that Lake Forest's law went too far.
"We conclude local governments may not prohibit medical marijuana dispensaries altogether, with the caveat that the Legislature authorized dispensaries only at sites where medical marijuana is `collectively or cooperatively cultivated,"' the opinion reads.
The court published its opinion last Wednesday. As of Monday, it was not clear how the ruling may affect cities like Upland and San Bernardino which have their own anti-dispensary laws.
"Case law in California has been all over the place," said Jolena Grider, a senior deputy city attorney in San Bernardino. "That case and others will probably be heard by the state Supreme Court."
4 Med. Marijuana Dispensaries Hit Overnight
Four medical marijuana dispensaries were hit Monday morning in Colorado Springs.
The final dispensary hit overnight turned up some clues that officers hope will lead to an arrest.
Police say two suspects, wearing disguises, forced their way into the Total Health Care dispensary on the 1600 block of West Uintah around 2:40 a.m.
Surveillance video caught the suspects as they ransacked the business, but police are not releasing any suspect information because they believe these thieves could be connected three similar burglaries.
Prior to that, Happy Buddha Wellness Center on the 3600 block of Galley, We Grow Colorado on the 2500 block of East Bijou, and Rocky Mountain Miracles on the 2300 block of East Bijou were burglarized sometime between midnight and 1 a.m.
The suspects smashed in doors, but didn't get away with much: one owner tells 11 News the thieves stole an empty cash box.
At this time, it's not certain if the four burglaries are connected, but police hope information gathered at the scene on West Uintah will help lead to an arrest in all cases.
11 News is now working to obtain the surveillance video.
Feds: Every Colorado Medical Marijuana Shop is Target
John Walsh, the U.S. attorney for Colorado, finally has clarified which medical marijuana providers in that state should worry about trouble with the feds: all of them. Two months ago Walsh told 23 dispensaries located within 1,000 feet of a school they had to close or face raids, forfeiture, and prosecution. At least some of those dispensaries were complying with Colorado law, which has a general rule against operating within 1,000 feet of a school but allows local governments to modify that restiction and grandfathers dispensaries that existed before the state started issuing licenses. So it was already clear that Walsh, contrary to Attorney General Holder's repeated assurances on this point, was not prepared to let state law determine whether a dispensary can operate without federal harassment. But when it turned out that one of those 23 dispensaries was near a school building that was not used for teaching, it was taken off the list. That decision fanned the hope that Walsh would stick to enforcing his 1,000-foot rule. Last week, A.P. reports, Walsh stomped on that hope (emphasis added):
U.S. Attorney John Walsh sent a letter Friday to a lawyer representing medical marijuana dispensaries, saying safe harbor doesn't exist for such shops because marijuana remains illegal under federal law....
Walsh said in the new letter that it is at his office's discretion to take enforcement action against any and all medicinal marijuana dispensaries....
[Walsh said] advising clients that there is a safe harbor is "incorrect and untruthful, and would mislead them, factually and legally."
Jeff Dorschner, a spokesman for the U.S. attorney's office, said there are other factors that can close down shops like unlawful use or possession of a firearm and having amounts of marijuana not in compliant with state and local law....
Ann Arbor City Council asks city attorney to lay off MMJ Dispensaries
The Ann Arbor City Council is prepared to take up the issue of medical marijuana tonight, and the city's licensing board is asking the city attorney's office to lay off dispensaries.
AnnArbor.com obtained a copy of a letter the five-member medical marijuana advisory body sent to council members on Friday in support of a resolution on tonight's agenda.
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In the letter, members of the licensing board argue the city attorney's office seems to be aggressively trying to shut down dispensaries while the board tries to license them.
The city attorney's office says medical marijuana dispensaries in Ann Arbor must be in compliance with the Michigan Medical Marihuana Act, but the city's medical marijuana licensing board asks: "How can dispensaries be in compliance with the MMMA when they are not even mentioned in the MMMA?"
"These dispensaries are serious, and obeying the local laws for them to be in business," the letter reads. "What more do they have to do?"
The city attorney's office says medical marijuana dispensaries in Ann Arbor must be in compliance with the Michigan Medical Marihuana Act, but the city's medical marijuana licensing board asks in the letter: "How can dispensaries be in compliance with the MMMA when they are not even mentioned in the MMMA?"
"Dispensaries are openly operating in areas throughout Michigan, including our neighbors to the east, Ypsilanti, who recently renewed their dispensaries' licenses for a year," the letter reads. "Our resolution to you Monday is a request for you to tell the city attorneys to stop enforcement activities against dispensaries until you have had time to look over the advisory board's resolutions."
California marijuana dispensaries can't be banned, but must grow on site, court rules
Category: Dispensaries | Posted on Fri, March, 2nd 2012 by THCFinder
This could be huge news for California medical marijuana dispensaries! Could we finally have a prescedent set to help save our dispensaries so patients can continue to buy their medication without probelms?
LOS ANGELES - California cities may not ban medical marijuana dispensaries, but the operations may sell only weed that is grown on site, an appeals court ruled in an Orange County case.
The unanimous decision by a three-judge Court of Appeal panel in Santa Ana was the first in the state to prohibit cities from enacting zoning restrictions that effectively ban all marijuana dispensaries. The court was also the first to rule that dispensaries must grow the marijuana they sell, a requirement that would force most of them out of business.
The ruling, issued late Wednesday, struck down a zoning law in the city of Lake Forest that the judges said amounted to "a total bar contradicting state law."
"A local government cannot ban as a nuisance exactly what the Legislature contemplated would occur at cooperative and collective medical marijuana cultivation sites," Justice Richard M. Aronson wrote for the court. Aronson, appointed to the trial bench by former Gov. Pete Wilson and elevated by Gov. Gray Davis, was joined by a Republican appointee and a Democratic appointee.
The decision conflicted with other appellate court rulings on medical marijuana, and attorneys in the case said they expected the California Supreme Court would agree to hear an appeal.
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