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Six more Los Angeles pot dispensaries sue over lottery plan

Category: Dispensaries | Posted on Thu, April, 28th 2011 by THCFinder
Six medical marijuana dispensaries filed separate legal challenges Wednesday to a Los Angeles ordinance that would use a random drawing to select 100 pot stores that would be allowed to operate, bringing to at least eight the number of lawsuits seeking to toss out the law.
 
The lawsuits call the planned lottery "a game of chance," denounce it as "arbitrary, capricious and irrational" and argue that it violates the constitutional rights of the dispensaries.
 
The dispensaries want a Los Angeles County Superior Court judge to stop the city from holding the lottery. "We are asking the court to enjoin the city from taking any adverse action against my clients," attorney Graham Berry said.
 
The dispensaries are Downtown Natural Caregivers, God’s Gift, Kush Korner V, Medical Kush Beach Club, New Era Caregivers and Safe Life Caregivers.
 
City officials are proceeding on two tracks. They have moved forward to set up a lottery, but have also appealed a court ruling that invalidated parts of an earlier ordinance that would have used a different method to reduce the number of dispensaries in the city.
 

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Pot dispensary, owner told to pay $1.9M to Dana Point

Category: Dispensaries | Posted on Tue, April, 26th 2011 by THCFinder
An Orange County Superior Court judge ordered The Point Alternative Care, a closed medical-marijuana dispensary, and its owner to hand over more than $1.9 million to the city of Dana Point.
That makes The Point the second dispensary ordered to pay the city in a two-year legal fight between Dana Point and several collectives in town, with the city claiming they were public nuisances.
 
The Point Alternative Care was in this building at 34213 Pacific Coast Highway in Dana Point.
 
Judge Jamoa Moberly ordered The Point Alternative Care to fork over $1,925,000 for violating the health and safety code and unfair-competition law, according to court records. In the April 15 ruling, Moberly ordered the dispensary's owner, Kathy Lynn Ray, to pay $40,100. Both are the maximum civil damages allowed per offense. In February, Moberly had declared Dana Point the winner in its nuisance lawsuit against the dispensary.
 
Lee Petros, the dispensary's attorney, said he was uncertain whether The Point would appeal the judgment.
 
Last month, Superior Court Judge William Monroe ordered Beach Cities Collective, another marijuana dispensary, and its owner, David Lambert, to pay Dana Point $2.44 million in damages for violations of heath and safety and business and professions codes. Beach Cities recently filed an appeal. On April 13, the dispensary filed a Superior Court lawsuit against the city, San Diego Gas & Electric, City Council members and individual staff members on allegations of conspiracy, defamation and other issues.
 
The dispensaries have argued that they provide medicine to sick people. However, the city says the dispensaries were selling marijuana for profit for nonmedical purposes. State law allows nonprofit collectives to distribute marijuana to patients with a doctor's recommendation. The illegal sale of a controlled substance is considered a nuisance, according to the civil code.
 

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7 Medical Marijuana Dispensaries Shops Ordered To Shut, Too Close To School

Category: Dispensaries | Posted on Mon, April, 25th 2011 by THCFinder
Seven Lake Forest medical marijuana shops have been ordered to close with a temporary injunction issued by an Orange County judge. The businesses, located in a building on the 24600 block of Raymond Way near the Montessori Children’s School House, allegedly violates a new state law banning pot shops within 600 feet of a school, reports CBS Local.
 
“We are pleased to see state law catch up with our stance that marijuana stores are not a compatible land use near schools,” Mayor Peter Herzog told the Orange County Register. “We will continue to aggressively pursue our stance that marijuana stores were not contemplated on our land use plan and are therefore not allowed in any area of our city.”
 
A court hearing is scheduled for next month. Despite statewide approval for medical marijuana in 1996, cities and counties "have placed numerous restrictions on where and how they operate," notes CBS Local
 

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3 Venice Medical Marijuana Dispensaries raided

Category: Dispensaries | Posted on Thu, April, 21st 2011 by THCFinder
Three medical marijuana businesses on Venice's Ocean Front Walk were raided Wednesday by law enforcement agents, acting on behalf of the California Medical Board.
 
Search warrants were served at 1811 Ocean Front Walk, 1313 Ocean Front Walk and on the southwest corner of Ocean Front Walk and North Venice Boulevard, all of which are run by Kush Dr. LLC, Jennifer Simoes of the California Medical Board told City News Service.
 
Simoes declined to say why the medical board became involved or if any arrests were made. The businesses employ doctors who recommend marijuana at treatment for various ailments under the state law approved by voters in 1996.
 
"Our major narcotics division is working with the medical board on this investigation but I can't tell you anymore about it at this time, because it's an ongoing criminal investigation," District Attorney's Office Public Information Officer Sandi Gibbons said.
 
According to state records, Kush Dr. LLC is based at 2314 Pacific Ave. in Venice and began operations on April 1, 2009.
 
Sean I. Cardillo, 37, the listed agent of service and possible owner of Kush Dr. LLC could not be immediately reached for comment.
 
However, Cardillo runs the Kushinator.com website, which is also the name of a rock band he started with another musician in 2008.
 
On the Kushinator.com website, Cardillo, the lead singer and bass player for the band, bills himself as Sean "Mr. Insanity" Kush. He wrote on his website that he left Florida in 2001 after graduating from Full Sail college, where he studied recording engineering.
Cardillo, also known as "Kush," also wrote that he opened Medical Kush Beach club on Venice Beach in 2006.
 
In 2010, Cardillo told the Los Angeles Times he would temporarily close another dispensary he operated, the Kush Clubhouse, and would likely have to move the legally registered Medical Kush Beach club because it was too close to a residential building under the city's new medical marijuana dispensary ordinance.
 
"I don't want to do anything to disrespect the city," Cardillo told The Times. "I'm not in this to do anything illegal."
 

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SJ city council may shut down medical pot outlets

Category: Dispensaries | Posted on Tue, April, 19th 2011 by THCFinder
SAN JOSE, Calif. (KGO) -- San Jose's City Council takes on the issue of regulating or possibly banning over 100 medical marijuana outlets this afternoon, an issue it has been grappling with for a year and a half. When the debate began, the city had only two dispensaries. Frustration has grown among council members over the issue, and several have suggested banning all pot-selling facilities if a resolution cannot be reached today.
 
Council member Nancy Pyle suggested the ban in a memorandum that is filed with today's afternoon council agenda. Mayor Chuck Reed agrees, along with council member Kansen Chu, who wants the Santa Clara County Board of Supervisors to create regulations. We'll be talking to Mayor Reed ahead of the 1:30 PM council meeting.
 
The executive director of Harborside Health Center, one of San Jose's marijuana dispensaries, will be on hand for the council's deliberations this afternoon. Steve DeAngelo could not be reached this morning, although he has told our media partner, The Mercury News, that he is distressed about the potential of an outright ban.
 
The council has recommendations before it to revise its codes and to pass ordinances that would restrict where dispensaries can be located and to require all facilities to apply for permits and to pay a $4,975 processing fee and $167 per hour for background checks. Individual council members have made additional recommendations to allow off-site cultivation of marijuana, to require 24-hour security, and a limitation of 10 or 20 facilities in the city.
 
The issue was debated for most of the afternoon at last Tuesday's council meeting. Further action was deferred until today's meeting. We'll be there and will update this story later today.
 

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San Jose may ban medical marijuana shops

Category: Dispensaries | Posted on Mon, April, 18th 2011 by THCFinder
Frustrated and divided on how to deal with the rapid spread of medical marijuana shops, the San Jose City Council may be heading toward banning them outright when it continues the debate Tuesday.
 
Such a move would be a stark reversal for a council that for the past year and a half has signaled it would welcome a limited number of medical marijuana outfits.
 
Only four days ago, the council tentatively approved zoning for the clubs, which now number more than 100 in San Jose even though the city doesn't technically consider any of them legal.
 
But council members were clearly frustrated this week after their third meeting on the matter stretched for four hours without reaching decisions on how many pot clubs there should be and rules governing their operation.
 
Councilwoman Nancy Pyle has since stated in a memorandum that if the council can't agree on rules -- which, after Tuesday's meeting, seems likely -- it should just ban the clubs altogether.
 
Mayor Chuck Reed said Friday that he agrees. And Councilman Kansen Chu, who had signaled his distaste for marijuana clubs Tuesday, also issued a memo arguing that the city should prohibit them and let county officials decide on regulations.
 
"I think it's becoming clear that this is a difficult area to arrive at a reasonable conclusion," Reed said. "Whether or not the votes are there for a ban, I don't know because positions have changed over time. But for me personally, I've reached a
point where if we don't reach a resolution Tuesday, I will be supporting a ban."
 
Stephen DeAngelo, executive director of the Harborside Health Center medical marijuana dispensaries in San Jose and Oakland, said he was surprised and disappointed.
 

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