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San Diego pot dispensaries can be evicted, judge rules

Category: Dispensaries | Posted on Tue, November, 8th 2011 by THCFinder
A landlord in San Diego can evict a medical marijuana dispensary because under city zoning laws, pot dispensaries are not legal anywhere in the city, a Superior Court judge has ruled.
 
San Diego County Superior Court Judge Ronald Prager, in a decision released Monday, said it was permissible for Kimber Investment Group to evict the Medibloom dispensary from the building that the investment group owns in a Rancho Bernardo shopping center.
 
"Cities ... are the arbiter of zoning laws," Prager wrote. "There's no place in the city of San Diego, including the shopping center in Rancho Bernardo, where a medical marijuana dispensary is a permissible use. It is therefore illegal."
 
In his decision, Prager also noted that neighbors have complained about increased crime since the dispensary moved in.
 
The San Diego City Council passed a zoning ordinance for medical marijuana dispensaries, but marijuana activists found it too restrictive and mounted a successful petition drive to put the issue to a public vote.
 
Rather than put the issue on the ballot, the council rescinded the ordinance. The result has been to strengthen the city attorney's aggressive stand to force marijuana dispensaries out of the city.
 
Federal prosecutors also have stepped up enforcement of federal law that criminalizes possession of marijuana.
 
City Atty. Jan Goldsmith noted that "building owners have been put on notice by the U.S. attorney that they must remove these illegal dispensaries or risk loss of their buildings under asset forfeiture."
 
Prager's decision, he said, removes the legal argument that dispensaries are permissible in San Diego under state law.
 
Meanwhile, medical marijuana advocates have filed lawsuits to stop U.S. attorneys in California from shutting down pot dispensaries. On Tuesday, they plan to seek temporary restraining orders.
 

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Marijuana shop shut down after sheriff serves warrant

Category: Dispensaries | Posted on Fri, November, 4th 2011 by THCFinder
Santa Ana Superior Care, a marijuana dispensary at 321 W. Seventeenth St. in Santa Ana, has been closed since sheriff's deputies served a search warrant last month.
 
According to an affidavit by sheriff's investigator Howard J. McCulloch, the dispensary on two occasions sold marijuana to an undercover officer who had a doctor's recommendation, without the telling the officer to perform any duties or to participate in cooperatively or collectively cultivating marijuana.
 
Distribution of marijuana to an individual who has a recommendation but no other relationship with the distributor amounts to an illegal sale of marijuana, which is not permitted under California law, McCulloch wrote.
 
Sheriff's Capt. Adam Powell said deputies are continuing their investigation and will forward their findings to the District Attorney's Office for possible prosecution.
 
Residents have complained about a  proliferation of  marijuana dispensaries along Seventeenth Street. Such dispensaries are prohibited in Santa Ana by a city land-use ordinance. However, there are dozens of dispensaries operating in the city. Enforcement of the ordinance is handled by the city's code enforcement staff. Persistent violators are referred for possible civil or criminal litigation.
 

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Congress questions Dispensary Raids

Category: Dispensaries | Posted on Mon, October, 31st 2011 by THCFinder

A letter from House members was sent to President Obama, expressing their concerns over the recent crack down and raids on medical marijuana dispensaries.

Several members of California's Congressional delegation are taking their concerns about a federal crackdown on the state's medical marijuana dispensaries directly to President Obama.

In a bipartisan letter signed by nine members of the U.S. House of Representatives, the lawmakers criticized what they called an "unconscionable" multi-state effort targeting medical marijuana dispensaries. They also called for the reclassification of marijuana as a controlled substance subject to fewer federal restrictions.

"It is critically important for patients to have safe access to this treatment that continues to be recommended by doctors. California voters decided to adopt clear regulations to allow patients to do just that. It is unfortunate that the federal government has decided to target these legal vendors instead of focusing limited resources on those who sell illicit drugs," said Rep. Sam Farr, D-Carmel.

Read the letter HERE

(Sourcehttp://www.mercurynews.com


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Marijuana Shops Continue Closing Down Amid Federal Crackdown

Category: Dispensaries | Posted on Mon, October, 24th 2011 by THCFinder
More and more medical marijuana patients are being left with no place to turn for their medication other than the streets. With the continued crackdowns more dispensaries are being forced to shut their doors to patients with serious health issues and needs.
 
SAN DIEGO — The San Diego Medical marijuana industry is in upheaval after the federal government announced a crackdown on California dispensaries.
 
Moni Osborne is the director of the SDTMC Dispensary, one of about 180 that had been operating in the city. Osborne has tried to diversify her business on Morena Blvd. by selling teas and offering other alternative health treatments. But her landlord received a letter from the U.S. Attorney telling him to get rid of the dispensaries on his property or face the risk of losing that property. He told Osborne she has to go.
 
"I feel heartbroken for my patients," Osborne said. "We’ve been able to establish free chiropractic. We’ve been able to establish free yoga and free acupuncture for people who otherwise would never have had an opportunity to experience those healing modalities. So I’m very saddened and confused by the nature of the federal involvement."
 

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Fed threat gets results as Calif pot shops close

Category: Dispensaries | Posted on Fri, October, 21st 2011 by THCFinder

Cities are now turning to the Feds for help with shutting down dispensaries in their area instead of trying to regulate and tax them. They continue to turn away Medical Marijuana Patients to street dealers to obtain their medication.

LAKE FOREST, Calif. (AP) — A letter from federal prosecutors accomplished what nearly $600,000 in legal fees couldn't do in this Orange County suburb: it shut down medical marijuana shops.
 
Two weeks after California's four U.S. attorneys announced they were cracking down on dozens of operations across the state growing and selling medical pot illegally, all eight collectives that occupied the second floor of a Lake Forest mini-mall have closed.
 
Across the Central District of California, which stretches from Santa Barbara to San Bernardino counties, many of the 38 clinics have closed because landlords, threatened with criminal charges or seizure of their assets, were given just 14 days to evict their clients, a period that expires Friday. Other districts in California gave pot dispensaries more time to comply.
 
Some smaller California communities like Lake Forest have struggled in recent years to regulate the clinics, while others have banned pot shops altogether. Cities such as Los Angeles and San Jose have sought to rein in a large number of collectives that have cropped up. The fight has cost local municipalities millions of dollars in legal fees as it has shifted between city halls and courtrooms.
 

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Medical marijuana could change the rules for AZ businesses

Category: Dispensaries | Posted on Thu, October, 20th 2011 by THCFinder

Will Arizona medical marijuana patients be able to take their medication while working or on a lunch break? These are just a few of the questions being asked as Arizonas medical marijuana laws are hopefully start taking effect soon.

PHOENIX (KPHO) -
We still don't know when or even if Arizona's voter-approved medical marijuana law will get the all clear to take effect, but it's already causing a shake-up with employers.
 
CBS 5 News wanted to know what local bosses are doing to get ready.
 
"Did you ever think you'd have to come up with a whole new set of rules for something like marijuana?" asked reporter Elizabeth Erwin.
 
"No, I really didn't," said Chandler Unified School District Board President Barb Mozdzen.
 
It's something the board has already done.
 
They've even written a brand new policy to cover it.
 
"Like alcohol and tobacco, we prohibit the use of marijuana on the campuses, whether it's medical marijuana or illegal drug," Mozdzen said.
 
There are some noticeable differences from regular marijuana rules.
 
"If you are a medical marijuana user at home and you still have traces of marijuana in your system and there is a drug test done, that does not count against you," Mozdzen said.
 
Which begs the question: What about the millions of other working Arizonans? What if someone in your office has their card?
 
Their bosses will have to decide if medical marijuana is OK to be smoked at work.
 
State law already states you can't drive if you're under the influence, but will people be able to bring it into the office?
 
Smoke it on their lunch break?
 
Arizona businesses are working with their human resources departments to answer all these questions.
 

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