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Fullerton takes action on medical marijuana dispensaries
Category: Dispensaries | Posted on Thu, September, 15th 2011 by THCFinder
Fullertons wannabe Mayor apparently thinks he knows better than the voters of California. The way patients obtain their medication from Dispensaries isn't good enough in his eyes and he's going out of his way to make sure Dispensaries are shut down in the city of Fullerton.
The legality of medical marijuana in cities across California is a foggy subject and local governments are struggling to decide how dispensaries should be managed.
While some cities have no ordinances banning the business of medical marijuana dispensaries, Fullerton and other cities have taken measures to keep these pot-distributing cooperatives away.
Ever since the Compassionate Use Act of 1996 and Medical Marijuana Program Act were passed, cooperative networks of medical marijuana distribution have grown immensely.
Currently, marijuana has been legalized in various states for medicinal purposes, but ironically, the drug is still classified as a Schedule I controlled substance by the Drug Enforcement Administration. This implies that marijuana still has a high potential for abuse and is not currently accepted for use in medical treatment.
Technically, dispensaries should be able to operate legally as long as they’re nonprofit. However, many cities have avoided the additional costs of law enforcement, zoning regulations and overall community impact. In effect, many cities have enacted ordinances that prohibit the business of medical marijuana dispensaries. In February 2008, Fullerton’s City Council overturned the decision to allow dispensaries in town in a 4-1 vote.
Don Bankhead, a Cal State Fullerton alumnus and Fullerton’s current mayor pro-tem, served on the Fullerton City Council in 2008. Based on his own marijuana research, his vote against the dispensaries was justified by his disagreement with the methods being used to distribute the drug and the ease of access to individuals.
“If there is an actual medical benefit, it should be disbursed the same way as other medicine. It should be prescribed by doctors that practice medicine and dispensed through a regular pharmaceutical,” he said.
SJ Shuts Down Businesses - As Long As They're Pot Clubs
Category: Dispensaries | Posted on Thu, September, 15th 2011 by THCFinder
San Jose is trying to make it Hell for patients who need their medical marijuana. The city estimates there are over 140 dispensaries and wants to limit that number down to 10. Why do you think it's ok to shut places down and push medical patients to the streets to get their medication from unsafe dealers with unsafe medication.
It's the law, but that doesn't mean San Jose has to like it. The City Council and mayor on Tuesday voted to shut down up to 130 businesses, the pot clubs that won't fit in the city's new "10 clubs only" limit
San Jose city officials aren't afraid of taking anti-business stances and saying no to tax revenue -- as long as the businesses are medical marijuana dispensaries.
An estimate 140 dispensaries exist in San Jose today, paying up to $1 million in taxes directly to the city, according to the San Jose Mercury News. But city officials approved on Tuesday a plan to whittle the amount of dispensaries allowed in town down to 10, the newspaper reported.
The clubs will also have to move to certain restricted commercial or industrial areas, and grow all of their own product on-site, the newspaper reported. That, the dispensaries say, will almost certainly attract attention from federal law enforcement, making the city rules a virtual death sentence.
"We'll have something in place that will make it impossible for us to operate," said Dave Hodges, founder of the All American Cannabis Club, one of the first marijuana dispensaries in the city, founded almost two years ago.
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Lawmakers in California's 3rd-largest city take step toward limiting medical marijuana industry
Category: Dispensaries | Posted on Wed, September, 14th 2011 by THCFinder
SAN JOSE, Calif. — Lawmakers have taken a big step toward downsizing and regulating the medical marijuana industry in the nation’s 10th-largest city.
San Jose’s city council gave preliminary approval Tuesday to regulations that will sharply limit how and where pot collectives can operate and cap their number at 10. Officials estimate San Jose has about 140 cannabis dispensaries and delivery services.
If the council gives the regulations final approval on Sept. 27, clubs would compete for the 10 operating licenses on a first-come, first-served basis. Those that do not win a slot will be ordered to close.
The rules also will require licensed collectives to grow all the marijuana they distribute on-site. Dispensary operators say they would have to plant huge gardens that would make them targets for federal drug raids.
Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Legal wrangling over medical marijuana clubs
Category: Dispensaries | Posted on Wed, September, 14th 2011 by THCFinder
AZ will hopefully someday get their shit together so medical marijuana patients can start getting their medication.
PHOENIX -- The state cannot try to shut down medical marijuana clubs because Gov. Jan Brewer is ignoring the will of voters, an attorney for one of the clubs is arguing.
Michael Walz said he is not conceding that the clubs, where dues-paying members can get free marijuana, are operating outside the scope of the medical marijuana law approved by voters last year. Walz and lawyers representing other clubs believe their operations fit within an exception.
But Walz said that the state has no right to go to court to try to shut the operations down.
"The voters passed Proposition 203 that required the state to set up a number of dispensaries, about 126,' he said Tuesday. Those dispensaries were supposed to be where individuals with certain medical conditions could legally obtain up to 2 1/2 ounces of the drug every two weeks.
But Brewer along with state Health Director Will Humble are refusing to even accept applications to run the dispensaries.
The governor said she feared that state employees who would process the forms could be subject to criminal prosecution under federal laws which make it a crime to even facilitate someone obtaining illegal drugs. And marijuana remains illegal under federal statutes.
Brewer also directed Attorney General Tom Horne to file suit, asking a federal judge if Arizona can implement its medical marijuana law -- including licensing dispensaries -- despite the federal laws. But in the meantime, no dispensaries are being licensed even though there already are close to 11,000 Arizonans who have state-issued permits to purchase and use marijuana for medicinal purposes.
"She's refusing to follow the law without any legal excuse,' said Walz who represents the Arizona Compassion Club. "That's just not tolerable.'
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DC health department to name potential medical marijuana providers; Montel Williams in pool
Category: Dispensaries | Posted on Mon, September, 5th 2011 by THCFinder
Montel Williams is one step closer today to opening his medical marijuana dispensary for patients who have ailments like his own.
WASHINGTON — The D.C. Department of Health will soon name more than 50 contenders who are approved to apply for a license to grow or sell medical marijuana in Washington.
The group includes former TV talk show host Montel Williams, along with a competitive bass fisherman, a Chinatown businessman and others.
The Washington Post reports (http://wapo.st/mPO1QM ) the health department will name the approved contenders this week. They will be able to apply for one of 15 licenses. The district plans to announce the winners early next year.
Williams says he hopes to change perceptions about medical marijuana in Congress. But opening his clinic would come with a risk.
Applicants must recite a statement saying they understand a city license doesn’t authorize them to break federal law, which still makes medical marijuana illegal.
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Governor signs bill permitting cities to ban marijuana dispensaries
Category: Dispensaries | Posted on Mon, September, 5th 2011 by THCFinder
This is possibly one of the worst bills the governor could of signed. Letting cities decide if patients can get their medication or not is absolutely absurd. Last time I checked, cities weren't out banning any locations that people could pick up their "normal" medications and those are killing people every day. When was the last time you heard of marijuana killing someone? You haven't? Thats right becuase it's never happened!!!!!
Governor Brown signed legislation yesterday that amended California’s medical marijuana law to confirm that municipalities in the state retain broad power to regulate or ban marijuana dispensaries within their borders. The new law, AB 1300, amends the state’s Medical Marijuana Program (Health & Safety Code sections 11362.7-11362.83) and marks an important clarification for local governments embroiled in legal battles throughout the state over their rights to ban such dispensaries.
The Medical Marijuana Program (MMP) exempts certain qualified patients and their caregivers from criminal prosecution for the possession, cultivation, transportation, processing, or use of limited amounts of marijuana. The final section of the MMP (Health & Safety Code section 11362.83) provided that a city or other local governing body could adopt and enforce laws that were “consistent with” the program. Marijuana dispensaries have contended that a local government’s outright ban of dispensaries is inconsistent with, and thus prohibited by the MMP.
AB 1300 now clarifies that the MMP in no way limits a local government’s power to adopt and enforce its own laws that regulate or ban marijuana dispensaries. The amended section 11362.83 now provides: “Nothing in [the Medical Marijuana Program] shall prevent a city or other local governing body from adopting and enforcing any of the following: (a) Adopting local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective. (b) The civil and criminal enforcement of local ordinances described in subdivision (a). (c) Enacting other laws consistent with this article.”
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