Bank shutting out marijuana dispensaries
Category: Dispensaries | Posted on Thu, August, 25th 2011 by THCFinder
DENVER, Aug. 24 (UPI) -- Colorado Springs State Bank, the last bank in the state willing to do business openly with medical marijuana suppliers, has asked them to close their accounts.
Senior Vice President John Whitten said the bank's parent company, Herring Bank, does business in Oklahoma and Texas, both states where medical marijuana is not legal, The (Boulder) Daily Camera reported.
"There are unresolved issues with regulations, law enforcement and other agencies that need to get resolved before the industry can progress and become bankable," Whitten said.
A letter last week to operators of medical marijuana dispensaries asked them to shut down their accounts by the end of September, Whitten said.
Diane Czarkowski, one of the owners of Boulder Kind Care, said the dispensary, which now has an account at Colorado Springs State, has been through six other banks since it opened in October 2009. She said Kind Care is now talking to a local bank.
"I think a lot of people will be in a really bad position," she said. "They will be forced to do things under the radar, which is not helpful to the industry."
Santa Fe Springs cracks down on medical marijuana dispensaries
Category: Dispensaries | Posted on Mon, August, 22nd 2011 by THCFinder
SANTA FE SPRINGS - For the second time in just over a year, two brothers and their cousin are being forced to shut down their medical marijuana dispensary.
Victor Munoz, who co-owns 3P Wellness Center, 13535 Marquardt Ave., with his relatives, was one of 19 dispensary owners in this city to receive a cease and desist order from law enforcement.
Officers from the Whittier Police Department, which covers Santa Fe Springs, and city officials gave out the eight-page order, Director of Police Services Dino Torressaid.
"It's illegal to operate a medical marijuana dispensary in the city," he said.
The letter, dated July 29, 2011, ordered owners to "stop all medical marijuana dispensary activities by Sept. 26,"
and gave notice "that enforcement activities, if required, will be directed at both the property owner who are violating the law and the dispensary operators and management."
Torres said it's illegal to operate a business without a proper business license, and the dispensaries are not zoned in the city.
"There is neither an ordinance that bans or allows them," City Manager Thaddeus McCormack said. "The city's zoning code doesn't allow for them."
The city's stance, he said, is not that the dispensaries are not operating at state requirements, but that they are in violation of the city's municipal code.
Torres said, according to his investigation, the 19 dispensaries are the most in one city the size of Santa Fe Springs.
Authorities raided pot dispensary, owner's house
Category: Dispensaries | Posted on Mon, August, 22nd 2011 by THCFinder
Help fight the prohibition of Cannabis so these useless raids stop happening at the Tax payers expense. Our Country is broke yet we still put money into stupid raids like this which only hurt our states financial situation and the medical marijuana patients who have every right to obtain their medication worry free.
Authorities revealed during testimony at a board of supervisors meeting last week that there was a raid in April of the Purple Cross marijuana dispensary on Bolsa Road.
Deputy Sheriff Michael Moll, a county sheriff's deputy who works for the Unified Narcotics Enforcement Team, noted to county supervisors Friday that he led a raid on Purple Cross after two undercover agents from Santa Clara County obtained medical marijuana cards so they could make purchases at the dispensary.
The San Benito County Board of Supervisors on Friday officially declared that the Purple Cross Rx medical marijuana dispensary near Hollister is a public nuisance and it must be abated.
Moll noted that the person at the front desk couldn't verify the cards, but said "it's good enough" and returned them to the officers and sold them marijuana.
"Neither of the undercover officers were asked what kind of ailment they have," he said at the meeting.
UNET confiscated more than 1,600 grams of processed marijuana, 59 grams of hash and 135 immature pot plants during its raid. It also took receipt books that noted nearly $94,000 in sales, mostly from January through April, as well as a receipt book that noted more than $8,300 in payments from Purple Cross to vendors.
During that time, dispensary owner Scott McPhail was also stopped by deputies and his house was raided. No charges have been filed as a result of the raid, McPhail's attorney noted.
Anaheim Court Decision Rejects Federal Preemption Argument
Category: Dispensaries | Posted on Fri, August, 19th 2011 by THCFinder
Cities continue to waste tax payer money and limit medical marijuana patients from obtaining their meds.
August 18 - In its long-awaited ruling in Qualified Patients Association vs. the City of Anaheim, the California Court of Appeals ruled that Anaheim could not use federal pre-emption as a grounds to ban medical marijuana dispensaries. The court struck down a lower court decision that had sustained a demurrer to QPA's suit against Anaheim on the grounds that dispensaries were illegal under federal law.
On a second issue, the court found with the city of Anaheim as to whether the QPA could sue on the grounds that the city's ordinance violated the state Unruh Act by discriminating against them on the basis of a disability or medical condition. The court ruled that the Unruh Act did not apply.
The court remanded the suit of Qualified Patients Association to the lower court, reinstating the plaintiffs' cause of action seeking declaratory judgment on whether Prop. 215 and SB 420 pre-empt the city's ordinance.
The bottom line is that it remains an open question as to whether local dispensary bans are illegal, but federal preemption is not a valid argument for declaring so.
Category: Dispensaries | Posted on Thu, August, 18th 2011 by THCFinder
Sacremento is happier going broke than working to help medical marijuana patients obtain their legal medication. If they are so content with trying to put dispensaries out of business then I see no reason they shouldn't be going after pharmacies, cvs stores and any other places that let people pick up their medication. Why do they think they can pick and choose which state laws to follow?
Sacramento County rolls the dice on a ramped-up, seven-figure enforcement strategy to put dozens of medical-cannabis dispensaries out of business
Why is Sacramento County, instead of raking in millions via taxes and fees, spending millions to shut down its medical-cannabis dispensaries?
That’s what attorney George Mull is wondering on the heels of last Wednesday’s board of supervisors meeting, when staff recommended spending $1.1 million over the next nine months to ratchet up enforcement against its pot clubs.
“I think it’s the biggest waste of resources I’ve seen in the county in a long time,” he said, arguing that it will be “more expensive for them than they can possibly imagine.”
Sacramento County says pot clubs are operating illegally, despite state law that permits the collective distribution of medical marijuana, and is threatening fines of up to $1,500 a day for zoning and building-code violations under the new plan, in addition to liens on property holders.
Mull, an attorney with the California Cannabis Association who’s worked on drug-policy cases since 1993, calls this the “million-dollar switch”: He says instead of spending millions, the county could collect upward of $4 million to $6 million annually via permit fees and taxation.
This money would go a long way, he points out. The county deficit this fiscal year was a click more than $90 million, and the county has laid off more than 1,300 employees since 2008.
Meanwhile, new pot-club-enforcement efforts will include hiring four more code-enforcement staff, plus another county counsel, and will be paid for with a combination of fines, loans and general-fund dollars.
County code-enforcement head Steve Pedretti says letters explaining the new approach will be sent out to dispensary operators and their landlords “in the next few weeks” and that enforcement will commence “very soon.” The board of supervisors will approve the new expenditures in September.
It’s a risky move—a million-dollar maybe, perhaps?—and one that many say might end up costing the county millions in wasted funds and litigation.
Medical Marijuana Operation To Reopen In Lake Elsinore
Category: Dispensaries | Posted on Wed, August, 17th 2011 by THCFinder
A Lake Elsinore medical marijuana collective that was ordered to close earlier this year has been granted a stay to reopen for business.
According to Luis “Carlos” Stahl, the collective’s co-owner, the court-issued stay was granted last week. Lake Elsinore Code Enforcement Manager Robin Chipman confirmed the city has also received notification of the stay.
The collective -- which has gone by the names 420 Hitters, Lake Elsinore Medical Collective -- and also R Side Medical, is owned by Stahl and his son Eric. The operation, which was ordered closed in March, was last located at 31760 Casino Dr., Suite 102.
Speaking by phone Monday afternoon, Carlos said he and his son plan to reopen their establishment somewhere in the city this week.
“We will probably reopen in the same place on Casino Drive,” he said, but noted the operation could be relocated. “We have a lot of options, but we put the most money into the Casino Drive location.”
In December 2009, Lake Elsinore City Council members voted to approve a ban on medical marijuana operations in the city and the Stahls were subsequently ordered to close. But the constitutionality of such bans is being challenged statewide and many legal experts say the prohibition presents a legal quagmire that may eventually be taken up by the state Supreme Court.
For their part, the Stahls say they will continue to persevere for as long as they can. Their collective has operated under a city-issued business license in different locations throughout Lake Elsinore, but earlier this year the city revoked the license after it was discovered the collective was distributing marijuana to its members.
Carlos contends his business license did not prevent him from selling medical marijuana to his collective members, and he says he has been the victim of harassment and that ongoing police raids have been initiated by City Hall.
In March, search warrants were served and three arrests made by sheriff’s deputies in connection with a four-month long investigation of the collective. Among those arrested was Carlos's wife and Eric’s mother, Carol Stahl.
While the city is currently evaluating its legal options under the recent court order, Chipman said the city will abide by the stay.
“This is much bigger than Lake Elsinore,” he said of the laws surrounding medical marijuana.
In the meantime, Chipman said the court may have prevented the city from enforcing the ban against the Stahls, but they will be required to follow all other city codes wherever they decide to reopen.
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