City bans medical marijuana dispensaries
La Cañada Flintridge City Council members voted unanimously Monday to declare medical marijuana dispensaries a public nuisance and permanently ban them from opening within city limits.
Though no one has ever filed for a permit to open a pot clinic in La Cañada, Community Development Director Robert Stanley described the move as a pre-emptive measure because an existing medical marijuana dispensary moratorium was set to expire in April.
Despite concerns over the often murky nature of state laws governing medical marijuana distribution and a plethora of past and pending legal action, council members said a ban was necessary to protect the safety and character of the city.
“I think this is a health and safety issue, particularly for our youth. If we made our decisions based on fear of litigation, we’d never make a decision,” said Councilman Greg Brown.
The ordinance declaring clinics a public nuisance reads that cities with pot clinics “have observed negative secondary effects to public health, safety and welfare, including increased crime such as burglaries, robberies, or sale of illegal drugs.”
Despite the ban on dispensaries, licensed hospices and health clinics will remain able to administer medical marijuana treatments to chronically ill patients in their care — exemptions Mayor Donald Voss said “get to the heart of why [permitted medical use] is state law in the first place.”
Marijuana dispensary now in Tacoma mall
Freighthouse Square, Tacoma’s eclectic, homespun shopping center in the heart of the Dome District, has suddenly become even more eclectic.
Now, along with the pita bread sandwiches, model trains and vintage clothing, there’s a shop where medical marijuana patients can pick up hashish-infused gumballs, buy pot cookies and choose from more than a dozen varieties of resiny marijuana buds.
A medical marijuana collective called Natures Resource Center opened downstairs in Freighthouse Square, offering an array of products for those who have obtained authorization under the state’s medical marijuana law.
Marijuana collectives are no longer particularly unusual in Tacoma.
In the past six months, at least a half dozen have opened in various parts of town, capitalizing on a gray area in the state law that, by some readings, allows such operations. Some offer home delivery.
What is unusual about Nature’s Resource is its location. Most of Tacoma collectives have set up shop on quiet streets or nondescript office parks.
Nature’s Resource is squarely in the middle of one of the city’s most popular family attractions and right next door to City Blocks, which makes specialty creations out of Legos and has a play area heavily used by children.
As a result, the new store has raised some sharp criticism.
Fines Instead Of Jail For Marijuana Dispensaries
Anyone trying to run a medical marijuana dispensary in Auburn could face fines instead of court in the near future. The Auburn Planning Commission voted Tuesday night to recommend the City Council amend the city’s municipal code to make penalties for running dispensaries in the city civil rather than criminal infractions. According to Will Wong, community development director for the city of Auburn, in 2004 the city adopted an ordinance putting regulations on the dispensaries, but in 2006 the city amended its code to prohibit the facilities altogether.
Wong said fines for operating a dispensary in Auburn would start at $100 for the first violation, $200 for the second and $500 for the third. Wong said if someone tried to run the illegal business without a license, they would also be fined for that. According to city documents, non-criminal penalties avoid conflict with the Compassionate Use Act and the Medical Marijuana Program Act, which “decriminalizes possession and cultivation of marijuana for specified medical purposes.”
Wong said hydroponic shops are not considered the same as dispensaries, because they don’t sell marijuana. So, they are legal in the city. “Selling merchandise is not a problem,” Wong said. “We would have no grounds (for legal action). Someone could use it to grow tomatoes.” Wong said people interested in opening dispensaries have asked him about business licenses, and he has had to explain the city’s prohibition policy. Wong said if a time ever came where Auburn could no longer prohibit the facilities, the city would have to think about putting standards on them again. The City Council still needs to approve the municipal code language change before it would go into effect.
City of Oakland Warned By Feds About Marijuana Law
The U.S. attorney's office has warned Oakland officials that the city's marijuana farm ordinance breaks federal law and would put cannabis cultivators in criminal and civil jeopardy.
The ordinance was passed in July by the City Council but has since been put aside after local law enforcement leaders warned that it could result in criminal prosecution of city officials.
In a Feb. 1 letter to Oakland, Melinda Haag, the U.S. attorney for the Northern District of California, wrote: "Individuals who elect to operate 'industrial cannabis cultivation and manufacturing facilities' will be doing so in violation of federal law."
Haag's letter marks the first time federal authorities have sent a written warning on Oakland's ordinance and comes as the council is in the midst of considering a new proposal to license pot farms. Haag, however, did not weigh in on the latest proposal, and Department of Justice officials refused to comment on it.
Thus, some council members said they intend to continue moving forward with the plan by Councilwoman Desley Brooks that would license five new dispensaries, which would each have farms of up to 50,000 square feet.
Haag's letter calls marijuana a controlled substance and says that federal authorities do not pursue "seriously ill" people who use medicinal marijuana approved by state law. Landlords, property owners, financiers and others, however, could face prosecution and the loss of property for growing marijuana under Oakland's law, Haag wrote.
Read more: http://www.sfgate.com
San Bernardino Moves Toward Shutting Out Marijuana Dispensaries Entirely
Looks like unincorporated L.A. County isn't the only place these days.
State Debuts Preliminary Rules On Medical Marijuana Dispensaries
Marijuana shops that will be set up under a new Arizona law would be strategically located throughout the sprawling state to limit the number of patients allowed to grow the drug for themselves, according to preliminary rules posted Monday .Arizona voters approved medical marijuana in November, but part of the law stipulates that patients can grow their own marijuana only if they do not live within 25 miles of a pot shop. The Arizona Department of Health Services is hoping to section off the sprawling state into 126 areas based on population, with each getting only one marijuana dispensary. The more populous the area of the state, the more dispensaries. The Phoenix metro area, for example, would have 46 dispensaries. But rural areas like Kingman, Ajo, Payson and the Navajo Nation would have just one dispensary to serve a much larger geographic area.
The changes come after the department posted the first draft of the rules in December and got feedback from doctors, patients, potential pot shop owners, police and the public. "We got concerns from cities who were saying, `Look, if all the dispensaries are in the urban core, our whole community is going to be self-grow," department Director Will Humble said. "The more home-grow situations you have, the more community problems you'll have." He said growing pot in homes leads to fire hazards and an increased threat of break-ins.
Humble said limiting dispensaries to specific areas also eliminates the possibility of clusters of pot shops, a magnet for crime. Humble acknowledged that it will be more difficult to get dispensaries wanting to open in more rural, far-flung parts of the state. "We probably will not get a dispensary in every (area)," he said, but denied that the state was trying to further limit the number of pot shops. Humble said if a designated area goes unused, it could be reallocated elsewhere in the state or simply left open. If more than one dispensary applies to open in a given area, qualified applicants will be chosen with a lottery system.
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