Upland wins decision against G3 in Riverside appeal case

Category: Dispensaries | Posted on Thu, November, 10th 2011 by THCFinder
RIVERSIDE - The banning of the G3 Holistic marijuana collective by Upland and other cities was upheld by an appellate court Wednesday. A judgment from the Fourth District Court of Appeals determined that Upland's banning of the collective did not contradict Proposition 215, the 1996 law that approved medical marijuana in the state, nor Senate Bill 420, which details the amount of marijuana a person can possess for medical purposes.
"We conclude Upland's ordinance banning (medical marijuana dispensaries) is not preempted by state law," read the decision. "We therefore affirm the preliminary injunction, judgement and all related monetary awards."
In a separate ruling, the court also ruled in favor of the city of Riverside banning the Inland Empire Patient's Health And Wellness Center, Inc.
The Riverside decision is published, meaning it has the backing of court and sets a statewide precedent while the Upland case is unpublished and did not.
The decision further stated:
"We reject the proposition that local governments, such as Upland, are preempted from enacting local regulations banning MMD's. Upland's zoning and business license ordinances (referred to collectively as Upland's zoning ordinance) do not duplicate, contradict, or expressly occupy the field of state law."
G3 attorney Roger Jon Diamond said he will try to appeal the Upland case to the state Supreme Court.


Belmont Shore Medpot Collective Raided by OC Sheriff's Department

Category: Dispensaries | Posted on Thu, November, 10th 2011 by THCFinder
At approximately 3 p.m. Tuesday afternoon, Orange County Sheriff's deputies raided a prominent Belmont Shore medical marijuana collective, in what a department spokesperson described as part of an enforcement action carried out at multiple locations around the Southland.
Lieutenant Doug Doyle told the Long Beach Post that the collective, Belmont Shore Natural Care (5375 E. 2nd St.), was raided "because we have reason to believe it was operating outside of the provisions outlined by the CUA and the MMPA," referring to the Compassionate Use
Act and the Medical Marijuana Program Act, the two sections of California law that allow for the nonprofit distribution of marijuana to medically qualified members belonging to a given collective.
No arrests were made in the Belmont Shore raid, Doyle said, a raid that witnesses report involved numerous Sheriff's deputies and multiple vehicles.
Doyle reported that the reason the Orange County Sheriff's Department conducted this raid, which took place in Los Angeles County, is that the original investigation began in Orange County, but that information subsequently obtained connected Belmont Shore Natural Care to that investigation.
Rick Brizendine, an attorney representing Belmont Shore Natural Care, provided Long Beach Post with the following statement:
We are unaware of the source of this accusation [i.e., that BSNC was operating illegally]. No one has asked BSNC's director to provide the authorities with information which, once reviewed, we are confident will show that BSNC will be shown to have been operating within the requirements of CA law. This is borne true by the lack of any arrest or order to cease and desist.  Hopefully the Members of BSNC will soon have access to their medicine.


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.


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.


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



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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