California Marijuana Dispensaries

August 12, 2011

Medical Marijuana in Los Angeles and Elsewhere Regulated by Local Leaders

We recently discussed the regulations and bans on the medical marijuana industry throughout the state of California on our Medical Marijuana Attorney Blog. This is the second entry of the two-part blog discussing how medical marijuana in Los Angeles and elsewhere in California, made legal by the citizens of California, is being regulated by local government.

Our Orange County medical marijuana attorneys would like to remind you that medical marijuana was approved, through Proposition 215, back in 1996. Patients and caregivers who possess or cultivate marijuana that have been recommended by a physician are exempt from criminal laws.

Although users in the state of California are safe under state law, cities continue to pull out all the stops in an effort to shut down the industry, according to The San Diego Union Tribune.

Lemon Grove

Currently, Lemon Grove effectively manages to ban medical marijuana collectives since they’re not allowed under current zoning laws, according to City Manager Graham Mitchell.

National City

Recently, City Council adopted a new land-use code. This code effectively banned all medical marijuana dispensaries as of June 21st. The National City Police Department recently gathered new information through the Drug Enforcement Agency that concluded that marijuana is a “dangerous, addictive drug that poses significant health threats to users.” This only offered further justification for the city and its theory that marijuana is dangerous and should be banned because it is still classified as a Schedule I drug.

Oceanside

In 2010, the city was able to effectively ban medical marijuana dispensaries through a small change in its zoning ordinance. Under its new policy, uses that are not explicitly covered by the zoning ordinance are prohibited, including single-family dwellings occupied by multiple adults or marijuana dispensaries.

The city is still facing the concerns of dispensary directors as they’re still seeking an amendment that would add these businesses to the city’s list of permissible land uses. If collectives were added to this list, they would then be required to apply for a permit. This proceeding would allow the city’s planning commission or city council the ability to impose a number of regulations on the dispensaries’ operations.

Recently, a judge ordered two of the city’s dispensaries to close because they were operating without business licenses.

Poway

As of the 6th of July, all medical marijuana dispensaries, cooperatives and collectives were temporarily banned. The urgency ordinance put into effect by the city is set to expire in 45 days from that data. City Attorney Morgan Foley says that the city called for this urgency ordinance to protect itself from having to consider a dispensary while new rules were pending since a co-op was currently in the process of opening just outside El Cajon. At least one operator applied for a license before the ordinance took effect.

San Marcos

San Marcos became the first city to fully ban medical marijuana dispensaries. Jacqueline Vinaccia, an attorney representing the city, says that the ban was consistent with Proposition 215 because that measure doesn’t restrict individual cities from regulating land use.

Back in 2010, the city initiated enforcement efforts against a number of medical marijuana dispensaries. The city has secured temporary and preliminary injunctions against four of them. Three of the dispensaries say they can no longer operate under these conditions. The fourth case is still pending.

Santee

June 23rd ended a two-year city moratorium on medical marijuana dispensaries in this city. Zoning regulations still make it impossible for any collective to operating legally. .

Solana Beach

Solana Beach Municipal Code does not permit medical marijuana dispensaries.

Vista

Medical marijuana dispensaries are also not listed as a permitted use in the city of Vista. The city prohibits any activity that is illegal under state or federal law. The city is currently taking legal action against some operators.

August 10, 2011

Individual Counties Regulate Medical Marijuana in Los Angeles and Elsewhere

By Cannabis Law Group

Proposition 215 was approved by California voters back in 1996. Under the Compassionate Use Act patients and caregivers who possess or cultivate medical marijuana in Los Angeles and elsewhere throughout California that has been recommended by a physician are exempt from criminal laws.

Back in 2003, the state legislature enacted Senate Bill 420. The Medical Marijuana Program Act was aimed at clarifying the application of Proposition 215. It expanded immunity from prosecution to doctor-recommended patients and their caregivers who transport marijuana and it required California counties to establish an identification card program for all users. Furthermore, it recognized the right of collective and cooperative cultivation of medical marijuana.

Our Orange County medical marijuana attorneys understand that since we passed these initial laws, the medical marijuana industry has come under extreme scrutiny for operating in a legal field. Since then, there have been a number of location-regulating amendments and imposing municipalities that have left the medical marijuana industry feeling criminalized.

This is the first part of a two-part blog that looks around at the state at various counties and their individual regulations on the medical marijuana industry.

Del Mar

Del Mar is one of a number of cities in the region that has restricted medical marijuana dispensaries. Instead of a ban, the city looks to create strict zones for their dispensaries to determine a property’s allowable uses, according to City Attorney Leslie Devaney. The city’s only medical marijuana dispensary was recently shut down after receiving orders from a superior court judge. The manager of that dispensary, Patrick Kennedy, proudly states that it is his right to operate under state law.

Coronado

According to City Clerk Linda Hascup, the city’s municipal code does not currently list a medical marijuana dispensary as an approved use. There is no current action being considered or action that is pending that would add that type of use in the jurisdiction, according to SignOn San Diego.

El Cajon

El Cajon also has a zoning reflations where distributing medicinal marijuana is prohibited within commercial areas. Councilman Bill Wells recently expressed his disappointment with the county’s decision to provide a permit to a 15,200-square-foot dispensary located right outside of the city limits near Gillespie Field.

“It’s against federal law and California is thumbing its nose,” Wells said.

La Mesa

La Mesa does not permit medical marijuana dispensaries.

“Those uses and structures as provided in the various zone regulations herein shall be permitted, all others shall be prohibited,” City Clerk Mary Kennedy said about the city’s zoning ordinance.

Throughout 2011, a handful of people have applied for a business license to open and operate as a collective in La Mesa. Property owners remain subject to civil or criminal charges if they violate the current zoning rules.

Encinitas

Since medical marijuana dispensaries are not listed as an allowable use within the city’s zoning code, they are not allowed.

“As such, we do not have any ordinance or policies that regulate medical marijuana dispensaries,” says the Planning and Building Director, Patrick Murphy .

Escondido

Back in August of 2009, the Escondido City Council voted against medical marijuana dispensaries and banned them entirely in the area. Officials continue to stress that marijuana remains an illegal controlled substance under federal law. They have also created rules that state medical marijuana dispensaries don’t qualify as primary caregivers under the health and safety code. Violators can face a number of charges and steep fines.

August 9, 2011

Shop Providing Medical Marijuana in North Hollywood Shut Down by City Officials

By Cannabis Law Group

The Los Angeles city attorney’s office recently obtained a court order to shut down operations at a medical marijuana dispensary in North Hollywood. Under the shutdown, the owner of the company was ordered to pay more than $35,000 in attorneys’ fees and costs earlier this week, according to the Studio City Patch.

During the eviction process, the owners of shop Starbudz Inc. were carried off the premises in the NoHo Arts District. Sheriff’s deputies cleared the area for the Los Angeles police to come in and seize the remaining property. The police officers confiscated 3.5 kilograms of marijuana, 37 plants and food items. Officers also took a 3-foot long iguana into custody.

Our Orange County medical marijuana attorneys would like to point out that this eviction action was the result of a number of alleged community complaints. No data has been released regarding these complaints. The city reportedly collected a significant amount of evidence through undercover marijuana purchases that were made at that location as well. The city also collected evidence after raiding the building through a search warrant executed by the Los Angeles Police Department.

Frank Mateljan of the city attorney’s office says that the city attorney’s notified the shop owners and the property owner back in January of “narcotics violations at the property.”

The shop neglected to file a Notice of Intent to Register under the city’s “temporary urgency” ordinance, a temporary law governing medical marijuana sales.

Back in March, the city attorney’s office filed an unlawful detainer action against the owners of this shop. The detainer was filed in an attempt to evict the shop and for the owners to forfeit the lease because the property owner had reportedly failed to take action to evict the shop.

A summary judgment was granted by the court in favor of the city back on June 17th. Through this judgment, the company owner was ordered by the court to pay $35,290 to the city for attorneys’ fees and costs. Two days later, the county Sheriff’s Department handed Starbudz and the property owner, Vineland Sunshine Properties, with a notice of lockout. The order was enforced and carried out that Wednesday.

Medical marijuana clinics in Hollywood are currently required to be staffed with the same type of expert medical doctors that you would find at any other healthcare practice. The only difference is that these health specialists deal specifically with evaluating patients who are suffering from symptoms that can be treated with the use of medical marijuana. Researchers have found that the drug is able to treat more than 100 different illnesses, diseases and chronic symptoms. All of these conditions have been approved by the state to be treated with the use of medical marijuana. If doctors believe that a patient can benefit from this treatment, they are then prescribed the drug and presented with a medical marijuana card.

According to the Medical Marijuana Program, there have been more than 55,000 medical marijuana cards issued in the state of California since 2004.

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August 7, 2011

Medical Marijuana Dispensaries in San Bernardino Face Lengthy Compliance Process

By Cannabis Law Group

Nearly 30 medical marijuana dispensaries in San Bernardino county have just a short time before they’re shut down my county officials.

Back in May, a land-use regulation was enacted by county supervisors allowing Code Enforcement officials to begin their 13-step compliance process against 26 dispensaries. Under this compliance process, dispensaries will be handed increasingly higher fines the longer they keep their doors open for business.

Our San Bernardino medical marijuana lawyers understand that even as enforcement moves ahead, a couple of court rulings may limit the county’s ability to close these dispensaries. It is only after the 13th step that the county can begin civil action to close any dispensary that is in noncompliance. Criminal penalties have been shot down by a recent court ruling. Those who stand in fight are most likely to be successful while those that fold and close could be forfeiting their future rights.

Conflicts between local ordinances, state laws and federal legislation remain unresolved, and the number of court rulings in favor of the dispensaries continues to grow.

As we’ve discussed before, the federal government recently decided to keep marijuana on the Schedule I list with heroin, cocaine and ecstasy. This is the most serious of all drug classifications under the federal Controlled Substances Act. The Compassionate Use Act was also passed to allow patients with a valid doctor’s recommendation and their designated primary caregivers to both grow and possess marijuana for personal use.

Still, local governments make attempts to ban dispensaries.

The county’s enforcement is being challenged by lawsuits. The current ordinance requires that residents of unincorporated areas can only grow their own supply indoors. Outdoor growth is prohibited.

Proposition 215 allows the existence of all storefront dispensaries, but local governments are tossing out this law and are continuing attempts to illegally shut them down.

“One sentence in AB 1300 says local jurisdictions have the ability to regulate these businesses,” said Lawrence Bynum, a Riverside civil attorney. “I think that could open the door to banning them.”

Of the 26 dispensaries that the county is targeting, nine of them have taken legal action against the county. The court hearings for most of those countersuits are scheduled for July and August.
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August 3, 2011

Officials Looking to Crack Down on Drivers Using Medical Marijuana in Los Angeles

By Cannabis Law Group

Nearly 20 percent of drivers nationwide stopped randomly at night are under the influence of legal and illegal drugs, according to the Los Angeles Times. Half of these drivers are reportedly high on marijuana. Crash accident statistics report that there are approximately 1,000 injuries and deaths resulting from drivers that are high on marijuana in Los Angeles and elsewhere in California. Law enforcement agencies throughout the state blame a majority of these accidents on the rapid growth and use of medical marijuana. Reports get even more detailed and claim that drugs, not alcohol, were the primary cause of fatal accidents; such accidents have increase by more than 50 percent over the past decade.

“Marijuana is a significant and important contributing factor in a growing number of fatal accidents,” said Gil Kerlikowske, director of National Drug Control Policy in the White House and former Seattle police chief. “There is no question, not only from the data but from what I have heard in my career as a law enforcement officer.”

Our Costa Mesa medical marijuana attorneys take such studies with a grain of salt. It’s difficult to test for the presence of marijuana at the time of an accident because marijuana stays in your system for approximately 30 days. While a driver may have tested positive for marijuana, they may not have been high on the drug during the traffic accident. These vague statistics are just another way to crackdown and punish patients for taking medicine to treat their symptoms.

Currently, about a third of the United States now permits the use of medical marijuana.

This issue is compounded by the lack of a national standard focusing on the amount of marijuana that a driver should be permitted to have in their bloodstream. As it stands now, there are 13 states that enforce zero-tolerance laws. California and 34 other states have no formal standard. These states rely on the judgment of police to determine what exactly impairment is.

It is unclear as to whether or not residual low levels of marijuana can in fact impair a driver days or weeks after the drug is smoked. Medical marijuana advocates continue to claim that federal and state officials are trying to make it impossible for residents to use marijuana and drive legally for days, even weeks, afterward.

“A lot of effort has gone into the study of drugged driving and marijuana, because that is the most prevalent drug, but we are not nearly to the point where we are with alcohol,” said Jeffrey P. Michael, the National Highway Traffic Safety Administration‘s impaired-driving director. “We don’t know what level of marijuana impairs a driver.”

Federal scientists are anticipating the day in which they will discover a way to have police quickly swab saliva from drivers’ mouths to figure out whether or not they have an illegal level of marijuana. This theory still requires years of research. Until that day comes, officers can only make arrests on their professional judgment. This leaves citizens open to false arrest and unwarranted criminal charges.

Now, police can only administer a lengthy 12-point exam on drivers that they expect to be under the influence of marijuana.

The national coordinator for the International Association of Chiefs of Police based in Washington, D.C., Chuck Hayes, says that the current system seems to be working well to spot an impaired driver. He also says that any future legal limit or medical test would be just another tool rather than a revolutionary change in the detection of these drivers.

“We are not concerned about levels or limits. We are concerned with impairment,” Hayes said.
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August 1, 2011

City Council Forced to Repeal Restriction on Medical Marijuana in San Diego

By Cannabis Law Group

City Council will be repealing a number of restrictions that they’re trying to force on medical marijuana in San Diego. This attempt to enact these rules comes after a number of cities across the United States continue to increase enforcement and regulations on these medical marijuana storefront operators, according to the San Diego SignOn.

Earlier this week, members of the San Diego City Council were forced to repeal their rules or to leave these decisions to the voters though a ballot; a coalition of medical marijuana advocates submitted their concerns and had enough signatures to qualify a referendum.

Our San Diego medical marijuana attorneys don’t believe that local municipalities should have the authority to pass any rules or restrictions that hinder the rights of marijuana businesses and patients in any city or county. This issue should have been settled 15 years ago by resident votes. We do understand that oftentimes rules are better than flat-out bans, but where does the unnecessary regulating end?

This repeal is leaving the San Diego city collectives in a legal limbo.

The ordinance would have made it mandatory for all of the city’s collectives to close up shop and discontinue business practices until being granted a permit. If an application for a permit is approved, then a dispensary would then be limited to operation in some commercial and industrial zones. They would be required to operate at least 600 feet from one another. They would also be required to keep at least 600 feet from schools, playgrounds, libraries, child-care and youth facilities, parks and churches.

In some of the latest attempts to regulate the growing number of collectives throughout the state of California, local municipalities are turning to outright bans in many areas.

Back in June, San Diego County was added to the list of government looking into stopping the sale of medical marijuana within its boundaries altogether. City rules now limit collectives to industrial areas only. Collectives are also prohibited from operating within 1,000 feet of parks, churches, homes, schools, libraries and other medical marijuana facilities. Supervisors later approved an $11,000 annual fee for collective operators.

Back in 1996, three county supervisors were so opposed to Proposition 215 that they voted to sue the state to get it to completely overturn the laws that allow medical marijuana. Proposition 215 is the voter-approved initiative that permits residents to grow and smoke marijuana on their physician’s recommendation to treat a number of disorders, symptoms and conditions.

Years later, the U.S. Supreme Court declined to hear an appeal from San Diego and San Bernardino counties. This rejection ultimately ended that suit.

Earlier this month, Mother Earth’s Alternative Healing Cooperative opened as the first legally permitted medical marijuana collective in the county.
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July 28, 2011

City Council Aims to Shut Down Medical Marijuana Dispensaries in Glendale

By Cannabis Law Group

An ordinance that will put a permanent ban on medical marijuana dispensaries in Glendale was introduced by Glendale City Council earlier this week. This ban was introduced just two months before a moratorium prohibiting the shops is set to expire, according to the Glendale News-Press.

As it stands now, zoning codes keep the medical marijuana dispensaries under thumb. That’s not good enough for city officials though. They’re looking for more strict regulations and enforcement as they say interest has grown in recent years.

Our Glendale medical marijuana attorneys understand how “convenient” this new ordinance is. As the City could enacted a moratorium back in 2009 to prevent any and all dispensaries from opening, the council is well aware of its expiration in September. What’s even more convenient is that this moratorium does not allow for an extension. This is exactly why City Council is looking to enact an entirely new ban on the industry.

Last month, city attorneys were instructed by council to draft out an all-out ban.

These same city officials were hoping that a decision by a state appellate court regarding a similar ban in Anaheim would provide their government with a legal precedent. Unfortunately for them, the state 4th District Court of Appeal in Santa Ana sent a legal challenge of the city’s ban back to a lower court for yet another review. Even as courts fail to rule in favor of cities enacting such bans, the politicians continue to force the issue, incurring millions in tax payer legal fees and other expenses in the process.

Glendale’s proposed ordinance uses zoning code amendments to shut the door on dispensaries. This same ordinance specifically calls out medical marijuana dispensaries and bans them from operating in any zone.

“State law allows cities to make decisions about their zoning laws,” said Senior City Atty. Carmen Merino. “We really feel that this ordinance will protect the citizens of Glendale and be in compliance with both federal and state law.”

South Pasadena, La Cañada, Flintridge, Pasadine and Burbank are all among local cities that have also prohibited the operations of medical marijuana dispensaries.

Hundreds of medical marijuana dispensaries were able to open in Los Angeles because the city did not enforce a moratorium. Last year though, Los Angeles passed an ordinance that was to limit the number of these dispensaries to only 70. Shops that were open before 2007 were exempt from the new rules. That fight is ongoing.

In cities in which dispensaries have been permitted, oppositional parties report that there has been an increase in burglaries, vandalism, illegal drug sales and other crimes. A number of studies have proven this to be completely false.

Supporters of medical marijuana report that California law prohibits all-out bans and local government officials should feel obliged to address the needs of local patients. It will be up to dispensary owners and patients to stand and fight for their rights.

Glendale City Council is expected to cast their final vote on the ordinance next week.
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July 26, 2011

New Regulations Looking to Limit Some California Medical Marijuana Patients to One Dispensary

By Cannabis Law Group

Proposed guidelines from Attorney General Kamala Harris could now make it possible for users of medical marijuana in Los Angeles to only belong to one dispensary at a time and for individual police officers to have the authority to determine whether someone is a legitimate patient or not, according to The Examiner.

Medical Marijuana advocates aren’t going to stand for it, saying that this will only make it harder for patients to obtain their medicine and easier for cops to improperly arrest them.

Our Los Angeles medical marijuana attorneys would like residents to know that these guidelines have not been made public yet by the attorney general, but a copy of an April “discussion draft” has been obtained by members of San Francisco’s Medical Marijuana Task Force.

This draft consists of a number of guidelines that go further in some areas than those that were issued back in 2008 by Jerry Brown, Harris’ predecessor. The Attorney General’s office declined to comment on the proposed regulations.

These guidelines influence how cities and counties regulate their medical marijuana dispensaries and how law enforcement agencies should and can treat the operators and their patients.

“I’m first and foremost concerned that people can only be members of one collective,” said task force member Shona Gochenaur, the executive director of the Axis of Love medical marijuana activist group. “That doesn’t work.”

Advocates compare this shop regulation to if residents were only allowed to shop at one grocery store. It doesn’t make any sense.

“Officers should use their sound professional judgment to assess the validity of the person’s medical use-claim” if they do not have a state ID card. Advocates compare this writing to law enforcement jargon, as if it were written by the officers themselves.

Another concern of the advocates pertains to the restrictions on cultivators. Under these proposed regulations, cultivators would only be able to sell their product to one dispensary. This could lead cultivators to favor large-scale operations over smaller groups.

The industry continues to grow, expand and change with every passing year. Last year, Oakland started exploring large-scale taxable grow operations. Earlier this week, a major crackdown on illegal cultivation of marijuana in Northern California was reported. A number of legal conflicts continue to burden dispensaries in Los Angeles, San Diego and Butte counties.

“[Medical marijuana] is something brand new,” said Stephanie Tucker, a spokeswoman for The City’s Medical Marijuana Task Force. “As the community evolves, so do some of the best practices.”

Currently in San Francisco there are more than 25 permitted medical marijuana dispensaries and more than 10 applications that are pending, according to the Department of Public Health.

Advocates have been in continuous support for industry regulations because they believe that the controls are a way to maintain a legitimate medical industry, address residents’ complaints and prevent a federal law enforcement crackdowns. Advocates believe that government officials are taking these regulations too far and are doing nothing more than hurting residents and business owners.
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July 24, 2011

Medical Marijuana Dispensaries in Garden Grove Now Required to Register with City Council

By Cannabis Law Group

Garden Grove marijuana dispensaries won a huge victory with the decision by city council to drop its ban on marijuana dispensaries. Our Los Angeles medical marijuana attorneys applaud the decision and point to the victory as proof of what can happen when owners and patients stand up and fight for their rights.

As the Orange County Register reported Garden Grove becomes the second city to pass regulations as opposed to bans. The city cited costly litigation as the factor in the change of policy.

Earlier this week, Garden Grove’s City Council finalized a decision to require medical marijuana dispensaries to register with the city before opening their business’ doors. The City Council is using this new ordinance to help regulate the number of Orange County medical marijuana dispensaries and to regulate where they’re able to open up shop. They will not be allowed to operate within residential or school zones, according to The Orange County Register.

“This way we know who is in our city and where they are located,” says City Manager Matthew Fertal. “Once we know that, we will be performing background checks into the individuals who are running these operations.”

This is still less than ideal — Our Garden Grove medical marijuana defense lawyers believe state law permits the legal operation of these businesses. But restrictions are better than bans, which will no doubt continue to be challenged. The new ordinance is already in effect and only allows dispensaries that have registered with the city to be eligible for a future permit. There are approximately 30 dispensaries currently operating in the city despite a ban that was passed back in 2008. Those who closed or gave up the fight could be out of luck.

“This is needed for our city to have some control over the facilities and to make sure our children and families are protected from illegal activities,” said Councilwoman Dina Nguyen. “Unless we define what is legal or illegal, it will not be possible for police to enforce the law.”

The Garden Grove City Council already has the blueprint laid out regarding enforcement efforts of the new ordinance. Dispensaries will be limited along Harbor Boulevard as that area is targeted towards tourists and entertainment.

“With more business licenses, the city will get more revenue,” she said. “But you will also need to hire more people to enforce these codes. We’ve worked hard to keep this environment drug-free. If it has to be done, we better do it right.”

Police Chief Kevin Raney says that his crew continues to support the Title 9 recommendation regarding medical marijuana dispensaries in the C-2 zones and to keep them 1,000 feet from residential neighborhoods and school zones. He believes that this new ordinance is an effective way for the city council and local law enforcement to regulate the industry and to continue to support Proposition 215 of the State of California, according to Garden Grove Planning Commission Minutes.

The City Council says that C-2 locations are the most suitable because they’re the furthest commercial zones from single-family neighborhoods and they these areas are the most flexible with the greatest number of uses.

“This should be an example for other cities to follow,” says Kris Hermes, spokesman for Americans for Safe Access. “The common sense approach is to regulate dispensaries instead of banning them outright, which is a violation of state law.”

Cities with bans:

-Anaheim
-Buena Park
-Costa Mesa
-Cypress
-Fullerton
-Huntington Beach
-Laguna Hills
-Laguna Niguel
-Lake Forest
-Mission Viejo
-Placentia
-San Juan Capistrano
-Santa Ana
-Seal Beach
-Tustin

There are also bans in effect in unincorporated areas of Orange County.
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July 11, 2011

Government Officials Meet to Straighten Out Medical Marijuana Regulations

By Cannabis Law Group

California may have been the first state to legalize medical marijuana but we’re still struggling with medical marijuana issues both on the state and federal level. We’re not alone in this battle though, both Michigan and Montana are facing some serious issues regarding how the medicinal drug can be obtained and sold.

Currently in Michigan, a group of Republican state lawmakers are planning on working through the summer to sort through a new regulation of medical marijuana. State Rep. John Walsh, R-Livonia, chairman of the House Judiciary Committee and chief sponsor of the proposed legislation, says that the new rules aren’t aimed at replacing the 2008 medical marijuana referendum approved by voters, but to crease some clear guidelines for law enforcement and legitimate medical marijuana patients, according to Detroit Free Press.

Our Orange County medical marijuana attorneys have been there time and time again. Lawmakers throw a number of laws, rules and regulation at the medical marijuana industry. The problem isn’t that there are a bunch of rules, but they all conflict with one another. These conflicting rules make it extremely difficult for users and sellers to operate legally without facing undeserving raids, fines, fees and shut downs.

Walsh is intending to clarify the following though his bill package:

-Aim to more closely monitor and regulate the relationship between doctors and the patients to whom they issue medical marijuana cards to.

-Look to prohibit patient-to-patient marijuana transactions. They aim to shut down the marijuana collectives and dispensaries that have begun operations in some areas of the state.

-They would like to find a way to give law enforcement instant access to the patient registry that is maintained by the state-run Michigan Medical Marijuana Program.

-Zoning needs to be clarified, seeking out communities that would like to restrict the use and the sale of medical marijuana.

Medical marijuana was legalized in Montana in 2004 though Initiative 148. As of now, they’re not even sure if the business will be legal come July 1st.

“Right now, us dispensary owners are in limbo-land,” said Tom Charlton, who owns M4U, a medical marijuana shop off North Reserve Street.

The new law looks to completely replace Montana’s 2004 voter-approved initiative. The new law aims to, among many other restrictions, require providers to give marijuana to their patients.

“We’re just sitting back and waiting for the dust to settle,” said Missoula Police Chief Mark Muir. “There’s no point in spending too much time planning.”

This new law would also allow patients to grow their own marijuana in limited quantities, or acquire it from caregivers. These caregivers would be allowed only to grow for three people apiece. Currently, they’re allowed supply an unlimited number.

The judge said that he might just wait until June 30 to issue a ruling. He says he may either strike down all or just part of the law.

More than 30,000 people in Montana now have medical marijuana cards.

Until government officials can reach an agreement and set forth clear and concise rules to regulate the industry, companies and patients will continue to operate in limbo, potentially facing serious fines, jail time or shut downs.
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