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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 This material may not be published, broadcast, rewritten or redistributed.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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YPSILANTI: 3rd Coast medical marijuana dispensary to continue operations despite court ruling, raid

Category: Dispensaries | Posted on Tue, August, 30th 2011 by THCFinder
Ypsilanti’s 3rd Coast Compassion Center, the first medical marijuana dispensary opened in the state, is continuing operations as normal despite a state Court of Appeals ruling last week prohibiting “patient to patient” sales of medical marijuana.
 
The court opinion overturned an Isabella County Circuit Court ruling involving Compassionate Apothecary LLC, located in Mt. Pleasant, in which owners Brandon McQueen and Matthew Taylor had testified they retained at least 20 percent of the sale price of medical marijuana.
 
The ruling stated the dispensary can be shut down as a public nuisance as it is in violation of the Public Health Code.
 
Jamie Lowell, director for the 3rd Coast Compassion Center, said Tuesday they are a non-profit organization that accepts private donations in order to pay bills and salaries. He said they have not closed their doors, unlike some dispensaries in the area, because they are continuing to operate within the confines of the law according to the spirit and intent of the 2008 Michigan Medical Marihuana Act.
 
“A lot of us have been running as non profits,” said Lowell. “We are looking at this ruling in a lot more narrow sense in that it affects one specific place that runs its business in a specific way. But we’re still trying to figure it all out and whether it affects us.”
 
Lowell said they did close the day the appellate court ruling was released but reopened the following day. He said they have been in contact with city of Ypsilanti administration.
 
“Again, we’re not positive on whether we are directly affected by this. We are going to evaluate it and continue to help out the patients that come here," he said.
 
 

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Michigan's Medical Marijuana Law Stoned to Death

Category: Dispensaries | Posted on Fri, August, 26th 2011 by THCFinder
Michigan’s law enforcement authorities have been determined to undo the will of voters who overwhelmingly approved a 2008 ballot initiative legalizing medical marijuana. They’ve looked for every which way to stop patients from accessing marijuana. For example, the law allows patients to possess 2.5 ounces of usable marijuana. However, they've been arresting patients for possessing raw marijuana over that amount, even though it loses 80 percent of its weight once it is processed and dried. And today they took a giant stride forward in achieving their end as numerous medical marijuana dispensaries around the state shut their doors following an appellate court ruling Tuesday.
 
The court ruled that although the initiative protected the right of registered patients to use “marihuana” (the way the law chose to spell the word), it didn’t explicitly authorize the dispensaries. This presumably leaves patients the option of growing and processing their own “marihuana.” But won’t they need to buy seeds to do so from—err—dispensaries or some commercial source?
 
There is no doubt that the Michigan law was poorly written (partly to steer clear of the federal ban on marijuana), and has become something of a hornet’s nest for patients and communities. Patients are planning to appeal the ruling to the Michigan Supreme Court. And there are plans afoot to clean up the law in the fall legislative session.
 
However, where there is a will there is a way. Many communities and authorities—including the state’s Republican Attorney General Bill Scheutte—are so implacably opposed to allowing dispensaries in their midst that they will leave no stoner unturned for loopholes to exploit. Scheutte, for example, has gone after registered patients who engage in the collective growing or sharing of marijuana plants on cooperative marijuana farms. Why? Because the law, he believes, requires each patient’s plants to be grown and maintained in a “separate” enclosed, locked facility that is only accessible to the registered patient or the patient’s registered primary caregiver.
 

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