Articles Posted in California Marijuana Dispensaries

An Appeals Court decision found the Long Beach medical marijuana ordinance violates federal law — a ruling which could force Los Angeles officials to again re-write the city’s ordinance.

Our Long Beach marijuana defense lawyers continue to press these court cases across Southern California. As we reported recently on our Medical Marijuana Lawyer Blog, a case in Anaheim does not appear to be leaning in favor of the rights of dispensaries and their patients. But make no mistake about it: Dispensaries are winning battles. In some cases, the court is recognizing only the rights of those who fight instead of folding up shop. We believe the rights of dispensaries, collectives, growers and patients will be upheld in the end. But the need to fight ordinances at the local level has become paramount.

The Los Angeles Times reports that the court ruling takes the city to task for holding a lottery and charging fees — which put it in a position of authorizing the distribution of marijuana in violation of federal law. Medical marijuana use has been legal in California since 1996. However, marijuana remains illegal under the federal Controlled Substances Act.

Los Angeles continues to tweak and change its ordinance — court loss after court loss. However, the city acted in a similar fashion — charging fees to hopeful dispensary operators for registration. A lottery clause is also part of the Los Angeles ordinance.

Other cities — including Oakland and San Francisco — have ordinances that require permits — a system that essentially puts a city in charge of sanctioning dispensary operation. Many cities also have used the process as an excuse to charge high fees.

The fees are unfair. No doubt. But they are unlikely to come close to covering the legal fees of cities and counties that continue to trample the rights of medical marijuana patients and collectives by enacting such ordinances. The Compassionate Use Act of 1996 permits medical marijuana under state law. Unfortunately, local government politicians continue to spend millions throwing up roadblocks and attempting to thwart the will of the voters.

This decision, by the Second District Court of Appeal in Los Angeles calls into question the legality of such systems. Unfortunately, it also brings up the specter of violation of federal law — which continues to be the elephant in many courtrooms where medical marijuana rights are being discussed.

And the decision did not prohibit cities from placing limitations upon dispensaries, such as where they may be located. But a Los Angeles city attorney did indicate the ruling would prohibit the city from holding a lottery for dispensary owners.

“Anything that a city tries to do that advances or authorizes a collective is federally preempted,” said special assistant city attorney Jane Usher, who also attempted to make a minor distinction between Long Beach’s permit process and Los Angeles’ registration process.

Meanwhile, Long Beach must either appeal to the California Supreme Court or redraft its ordinance.

Others are concerned the decision could lead to more bans. Cities that are not permitted to permit and regulate, may just choose to ban.
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The fight over control of California’s medical marijuana industry continued this week when Gov. Jerry Brown vetoed a measure that would prevent medical marijuana dispensaries in Los Angeles and elsewhere from operating within 600 feet of homes.

The Los Angeles Times reported the governor cited the rights of cities and counties to regulate the measure in rejecting the statewide law. Our Los Angeles marijuana defense lawyers continue to watch as government at all levels — city, county, state and federal — makes a mockery of the will of the voters.

The deservedly maligned Los Angeles medical marijuana ordinance mandates a 1,000-foot buffer from schools, public parks, churches or other protected areas and prohibits dispensaries from being located next to or across the street from homes.

Ahh! Great idea. San Jose wants to make collectives grow all of their medical marijuana on site. Our Orange County medical marijuana defense attorneys suppose the next complaint will be break-ins at dispensaries in the area. Or that they are too big.

Whether it’s the medical marijuana ordinance in Las Angeles or silly rules as far away as San Jose, local governments continue to pander for the cameras rather than addressing budget concerns and other dire needs of the day. From coast to coast, a look at the apparent agenda of far too many local politicians would suggest there are few pressing concerns other than infringing upon the constitutionally guaranteed medical marijuana rights of patients.

In the meantime these elected officials are costing their communities millions of dollars in legal fees — fighting an issue that was decided by voters while Bill Clinton was in the White House.

Harborside Health Center is a collective located in a North San Jose industrial park. At 6,000 square feet, it is the city’s largest collective but would have to become three times larger — a virtual Wal-Mart of cannabis — in order to be large enough to grow all of its own product on site.

Local politicians will probably pass size restrictions next. That, or federal drug raids will target these operations.

The basic issue here is that the politicians don’t have any idea what they are talking about. Election to office does not make one an expert on all things. However, far too often not enough research is done before passing arbitrary laws. A perfect example is the airport use tax being debated in Congress. The idea is to charge private planes a tax for landing. Sounds simple (ok, kindof simple aside from the brand new bureaucracy that would be created to charge, collect and distribute the tax). But what far too many politicians have not properly considered is that pilots often practice landings in order to improve their skills and avoid accidents. By passing the use tax, Congress could simultaneously discourage pilots from practicing — thereby increasing the number of airplane crashes!

San Jose has some time. Council is meeting on the issue to discuss several other elements, including:

-How many medical marijuana collectives should be permitted. Council is looking to reduce the number from 140 to 10. We guess that means there will be about 130 lawsuits to defend. Not to mention marijuana superstores to meet the demand.

-How will council choose which collectives live and which die?

-Where will the city allow collectives.

For too long, San Jose has been outright hostile to the medical marijuana industry — forcing patients to go to San Francisco, Berkeley or elsewhere in order to obtain their medicine.

Oh yes, and just by the way: None of San Jose’s current medical marijuana dispensaries could satisfy all provisions of the law as it’s currently proposed. In other words, all 140 would be deemed illegal.
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