Articles Posted in California Marijuana

A number of advocates for medical marijuana in Los Angeles and elsewhere are fighting back against the federal government’s crackdown on the industry.

According to ABC10, there are a number of these advocates, shops, dispensaries and patients who have filed numerous lawsuits in an attempt to block the fed’s crackdown on pot growers and dispensaries in California.
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There have been lawsuits reportedly filed in Los Angeles, San Francisco, Sacramento and San Diego. These lawsuits are the result of the October 7th announcement from four U.S. Attorneys that stated that enforcement actions were going to be exercised by the federal government in California against these operations. And they weren’t lying. A number of companies have been ransacked, landlords are being threatened and patients are losing out on much-needed drugs.

Our Orange County medical marijuana attorneys understand that this industry is a thriving part of the state’s economy. Medical marijuana is in fact legal in the state and the federal government is choosing to come in and override our state laws. Companies, patients, growers and dispensaries are urged to recruit legal representation during this battle to help ensure that rights are preserved. The federal government is attacking everyone who is involved in the industry and they’re coming on strong to put an end to it. Many individuals have event been threatening with criminal charges.

The El Camino Wellness Center filed a lawsuit in the United States District Court for the Eastern District of California in Sacramento. The landlord of the property that the center operates from received a threatening letter last month from Ben Wagner, a U.S. Attorney. Landlords around the state have been threatened for allowing these companies to operate on these premises. They’ve been instructed to evict these parties or they could potentially face criminal prosecution among other consequences.

The building’s owner, Kim Creedon, received the letter dated October 6th that warned her that her property could be seized if she were to allow the company to engage in further marijuana sales.

According to that U.S. Attorney, the wellness center was distributing and/or cultivating medical marijuana and that its operations were violating federal law. Marijuana, medicinal or not, is still considered illegal by the federal government.

The wellness center is fighting back and saying that the recent crackdown from the feds is violating one of its earlier agreements that stated that they would not use its own resources to stop, to prosecute or to crackdown on medical marijuana patients and others who are in compliance with state law.

The lawsuit also says that the fed’s crackdown also violated the Constitution’s commerce clause as well as the 9th, 10th and 14th amendments.

The El Camino Wellness Center is also seeking a temporary restraining order.

Defendants in the case include Wagner, DEA Administrator Michelle Leonhart and U.S. Attorney General Eric Holder.
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As we reported on our Marijuana Lawyer Blog last October, Los Angeles sheriffs are obsessed with marijuana, whether it’s in dispensaries, in collectives, in your home or in your child’s trick-or-treating bag. Last year, local officers sent out a warning to parents urging them to keep an eye on their kid’s treats. Officials were claiming that residents were handing out marijuana-filled treats to our young trick-or-treaters.
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Well, our Orange County medical marijuana attorneys understand that the Los Angeles County Sheriff’s Department was at it again. They urged parents once again to keep an eye out for marijuana-enhanced candy, saying that residents are handing it out again, according to ABC News. It’s absurd that the sheriff is using Halloween as an excuse to scare people about marijuana. Where will these officers turn next? Will the Easter bunny put his marijuana in our children’s colored egg shells?

The sheriff’s department reportedly confiscated a number of edible items from marijuana dispensaries in the city. These items include snacks, soda and candy. Deputies believe they could somehow make their way to your child’s goody bag.

The sheriff’s department hasn’t admitted to locating anyone who was handing out the marijuana goodies this Halloween or last year either. They say they just want to alert the public about the possibility. They say these marijuana goodies aren’t always easy to spot either.

“If it doesn’t have a recognizable label on it,” said Sgt. Glenn Walsh. “If it’s not a recognizable brand, it should be considered at least potentially dangerous to the children.”

Some items are labeled with marijuana as an ingredient, but once that label is removed the items can be tough to spot, say local deputies. Walsh says that you can probably tell if it’s laced with marijuana if it tastes funny or if it has an odd smell. He says it won’t smell just like marijuana, but it will have that odd “skunk” odor.

Authorities are asking that all parents peek at their child’s candy before allowing them to dig in. They urge parents to keep an eye out for signs that indicate that your child may have eaten a marijuana-laced snack, too. Officials report that these signs include giggles, repetition, hallucinations, fast pulse, difficulty breathing, sweating, dilated pupils, confusion and disorientation.

According to Dr. Thomas Abramo, a professor at Vanderbilt University School of Medicine, these treats oftentimes contain very potent marijuana and kids may not be able to realize how much they’re eating.

Members of Americans for Safe Access (ASA) say that it’s absurd that people would even think that anyone would hand out marijuana-laced goodies to children on Halloween. They say there has never been any proof or any reports of any such thing happening. The only reason there are edible versions for the drug is so that patients can receive treatment even if they’re unable to smoke it. The group says that officers are simple trying to scare the public into believing marijuana is the true scare of Halloween.
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Gary Johnson, a Republican potential presidential candidate, made a recent appearance at the International Drug Policy Reform Conference in Los Angeles.

There were advocates from around the state pushing for the rights of the medical marijuana industry in California. Johnson spoke at the event, making promises to marijuana advocates to issue a full pardon for any resident who is serving prison time for a marijuana crime deemed to be non-violent if he is elected into office. His speech invoked cheers across the crowd. Unfortunately, this candidate’s campaign is greatly lacking in much-needed media attention.
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Last month the former governor of New Mexico appeared at Occupy Wall Street to speak economics with the protesters. Or take his announcement to forgo campaigning efforts in Iowa to focus on campaigning in New Hampshire. Many of these activities go unannounced with his lack of media attention. He continues on in being an advocate for tax reform to tax consumption in place of taxing income and an advocate for small government. Many political analysts have even compared him and his libertarian leanings to Ron Paul. One of his main viewpoints drawing attention is his current position on marijuana.

Our Orange County medical marijuana attorneys understand that Johnson has been pushing to legalize marijuana since 1999. He started the push as he was serving his second term as governor. He admitted to smoking the drug recreationally as a young boy. He reportedly started to use it recently to help to regulate his pain after a paragliding accident back in 2005. Whenever he’s campaigning, people look at him and refer to him as the “marijuana guy.”

Johnson is okay with that reputation despite the abundance of anti-drug supporters throughout the U.S. In a recent interview, Johnson quoted marijuana users as what could be the “largest untapped voting bloc in the country.”

Recently, Johnson spoke about the Gallup poll that determined about half of Americans support the legalization of marijuana. He also stated that virtually no politicians feel the way he does on this issue. He also recently discussed the viewpoints of the Republican rivals of his, saying that they’ve looked past the effects of their drug war at the border. He says that this war has been about violence, guns and manpower, where the focus needs to be on prohibition — the real problem.

Johnson’s viewpoints differ from many of his Republican rivals, except for Paul who says that each state should govern marijuana use. According to Mitt Romney, marijuana for both recreational use and for medical use should be banned nationwide, according to the Los Angeles Times. Johnson believes this medicinal treatment should be legal for all deserving individuals.

To make matters worse, Newt Gingrich, former Speaker of the House, is looking to expand the consequences and the prosecution for those who have been convicted of drug charges. He originally sponsored the “Drug Importer Death Penalty Act” in 1996. This bill aimed to give prison time or even the death sentence to those who have been convicted of trafficking drugs.
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Medical marijuana in Los Angeles and elsewhere is under attack by the federal government. Advocates of the medicinal treatment in California are creating a 2012 ballot initiative that would allow the state to look over all operations. The draft of this ballot comes after a federal threat to wipe out the industry completely, according to Politics Wires.
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A San Francisco news conference recently announced the ballot push. Creators of the failed 2010 Proposition 19 are constructing the ballot. This Proposition would have legalized the drug for recreational use.

Our medical marijuana attorneys in Orange County recently told you about a new wave of enforcement efforts, announced by four U.S. Attorneys, against medical marijuana in the state. The U.S. Attorney’s Office for the Central District of California reported that it was going to target commercial marijuana operations. The enforcement efforts they’re exerting on the industry include property forfeiture lawsuits, criminal drug trafficking enforcement and threatening letters to landlords.

Dispensary owners are urged to seek the representation of a qualified law firm to help fight for their rights and to protect their company and investments made under the protection of state law. Federal enforcement efforts have already been exercised in Orange County, Riverside County and Inland Empire. The efforts are reportedly targeting “commercial grow operations, intricate distribution systems and hundreds of marijuana stores across the state.”

Steve DeAngelo, of California’s largest medical marijuana dispensary, and United Food and Commercial Workers Unions are also working on a draft for a new 2012 initiative. The framework for the new ballot if still being drafted, but advocates say that they’re pushing for a Colorado-style system of regulating. This system would provide for licensing regulations and state inspections on medical marijuana cultivators and providers.

A lot more funding is needed for the ballot though. Richard Lee, the Oaksterdam founder who contributed nearly $2 million to Proposition 19, says he can’t afford to provide the funds for another ballot.

According to Assemblyman Tom Ammiano, D-San Francisco, local governments are scrambling to figure out how to regulate every single medical marijuana store that has opened in the state since 2009. That’s hundreds of stores.

“Right now, zip is happening,” Ammiano said at the recent new conference in San Francisco.

That news conference in San Francisco was called discuss the recent actions of the federal government and to illustrate the advocates’ disgust with the move. Advocates protested as President Barack Obama visited the city for a political fundraiser.

Dispensaries and collective have rights to operate in accordance with state law. The federal government is still able to charge you with whatever it wants for violating the federal law. Without proper legal representation to fight in your defense for following state law, you may be in big trouble. Contact an experienced attorney to help you preserve the rights and to help you save time, money and a legal headache.
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The U.S. government was designed to allow each state to act as guinea pigs of democracy, according to U.S. News. Through this, states are allowed to experiment with policies that officials believe will benefit their needs. Federal law is there to protect that state’s right. But apparently that right doesn’t include medical marijuana in Riverside and elsewhere.
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Back in 2009, the Obama Administration indicated it would restore allow states to regulate their own medical marijuana industry. That the valuable time and resources of the Justice Department would not be wasted enforcing federal marijuana laws in state’s where medical marijuana is legal.

Our Riverside marijuana attorneys are thus urging dispensaries to obtain legal representation in the face of the new federal crackdown. Recent regulation efforts from the feds are targeting dispensaries throughout California and are aiming to shut down the industry. The U.S. government says that this enforcement effort will help to organize and regulate the distribution of marijuana. The problem is that it’s going to do anything but. And patient access is threatened, which may only serve to fuel the criminal underground.

The medical marijuana story started back in 1978 when Robert Randal was placed under arrest for using marijuana to help to treat glaucoma. After being arrested, he sued the country and won! The ruling of this suit required the FDA to supply Robert with marijuana to help to continue to treat his condition. It was legalized in California in 1996 and since then there have been 15 states to legalize medicinal use of the drug. Now, residents are able to purchase the product from state-sanctioned operations. These operations however, are the target of federal law enforcers as purchasing, selling and growing of marijuana is still considered illegal under federal law.

Patients rely on these dispensaries because they’re unable to grow their own or are unable to achieve the quality that is sold through these shops.

Marijuana not only benefits patients, but if benefits our state’s economy. In 2010, state-licensed businesses contributed nearly $200 million in taxes to federal, state and local governments. They also reported more than a billion dollars in revenue.

With the economy still struggling, these shops provide much needed taxes and jobs. The federal government is looking to punish these shops for being successful and for helping the community.

Feds wants their efforts kept quite as well. The Debate Club for U.S. News reports that officials from the Department of Justice claim it’s going to prosecute any radio, TV or newspaper outlets for running ads about medical marijuana. Unfortunately, these ads provide much needed income for these companies in a struggling economy. Without this income, many media-related companies will have to cut staff or completely shut down.

Most Californians support state-regulated medical marijuana operations. Marijuana advocates say that feds should have more important things to worry about.

So far, companies in Orange Country, Inland Empire and Riverside County have received threatening letters from government officials to shut down, pack up and get out.
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You can do more than smoke medical marijuana. It’s also available as pot-infused barbecue sauce, butter and olive oil. It is oftentimes sold in biscotti, cupcakes and brownies. Medical marijuana in Los Angeles and elsewhere throughout the state is a thriving business that suits the needs of a number of deserving patients.
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Our Riverside medical marijuana attorneys understand how necessary these companies are to those who require the treatment. California Collective Care has been open for nearly two years now and oftentimes sees about 80 customers each day. Medical marijuana dispensaries and collectives can be a positive in struggling communities.

The Northern California dispensary is one of 15 marijuana businesses in Vallejo. The city believes that there are about 20 more companies that aren’t tracked on WeedMaps.com. The marijuana industry is just about the only thing in the city’s economy that continues to thrive. There are only about 116,000 residents in the city. It’s located about 25 miles north of San Francisco. Unfortunately, this city went bankrupt back in May of 2008. A number of local businesses closed and property values dropped. The city was forced to reduce its number of police officers by more than 30 percent to try to save a little money. Vallejo is one of the few places left that has no local laws to regulate the medicinal marijuana industry, partially because it does not have the funds to fight these companies in court, according to Bloomberg Businessweek.

Unfortunately, since the industry doesn’t have the full stamp of approval from the city they are still forced to operate in a gray area. Many of the owners of the dispensaries and the collectives are unable to get approved for company bank accounts and they’re unable to purchase health insurance for employees. Owners have gone to government officials and have asked to be taxed. Through taxes, they could then be classified as a legitimate business. In this case, both parties would benefit.

As the city climbs out of bankrupt, it has slowly begun to build up its police force. The next move is to put a measure on the ballot for voters to decide in November. The measure would impose a business-license tax on the dispensaries. They could be taxed up to 10 percent of gross sales.

“All the marijuana clubs in Vallejo want to be legal,” Tomada says. “We help the public every day of the week here. We just want to be recognized as part of the community.”

California was the first state to legalize the use of medical marijuana back in 1996. The goal of this legalization was to offer pain relief to those with AIDS, cancer and a number of other excruciating illnesses. Since then, doctors, patients and companies have faced a number of unnecessary crackdowns and illegitimate regulations to oversee the industry. The medical marijuana industry should be embraced by the state and used to generate much-needed revenue, to assist local patients and to fuel the city’s economy.
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California voters legalized the use of medical marijuana in Los Angeles as long as it was recommended to them by a physician. That law is still being contested despite being on the books for 15 years.

Statistics report that more and more residents are using the drug as a medical treatment and those opposed to the drug are calling the state out; they claim it is allowing use for illegitimate medical reasons. Advocates continue to say that the drug is hardly every abused and many residents consume the drug for its intended purposes. The battle is seemingly never ending.
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To help clear up some of the confusion, a study was conducted by researchers at the University of California, Santa Cruz, to take a look at product usage throughout the state, according to The Sacramento Bee. The study also analyzed the population and the characteristics of the state’s medical marijuana users. This study most likely won’t solve the ongoing debate, but it will help to get some detailed insight into the industry and the supporters of it.

Our Orange County medical marijuana attorneys understand the issues and are dedicated to fighting for the rights of patients and collectives. Many who oppose medical marijuana treatment are just looking for a way to point the finger at the industry in an attempt to shut it down. The truth is that time and time again allegations have been made against medical marijuana only to be proven false, yet this legal industry continues to fight to remain legal in a state where it’s already been legalized.

The authors of the study looked at information from nearly 2,000 consecutive admissions to nine medical marijuana assessment clinics that operate in the state of California.

The report found the following:

-About 75 percent of medical marijuana patients were male.

-About three-fifths of the patients were Caucasian.

-These people were classified as “younger” and “had more years of formal education” and “were more often employed.”

-About 28 percent of all patients were ages 25 to 34.

-Roughly 21 percent of patients were ages 35 to 44.

-Approximately 20 percent of patients were ages 45 to 54.

-Patients most often reported the need for medical marijuana to help relieve pain, anxiety, spasms, to help them sleep and cure headaches.

-Most patients report that medical marijuana provides them with a therapeutic benefit.

-Nearly 80 percent of patients said that they have in fact tried other medications from their physicians before trying marijuana. Most of these prior prescriptions were opiates.

-Nearly 60 percent of medical marijuana users say that they use cannabis before going to sleep.

-About 40 percent of patients use less than 3 grams of the drug a week.

-Nearly 40 percent of patients use 4 to 7 grams of cannabis a week.

-About 23 percent report that consume more than 7 grams a week.

“Compared to earlier studies of medical marijuana patients, these data suggest that the patient population has evolved from mostly HIV/AIDS and cancer patients to a significantly more diverse array,” the study concluded.

So, we’re still left with no answers. All we know now is that the industry is evolving, but what industry isn’t? If anything, these results show that there’s less of a stereotype for users than the prejudice public first believed.
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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.
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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.

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Advocates of marijuana in Orange County and elsewhere in the state of are back at it, making another attempt at legalizing recreational use of the drug. Earlier this week, the secretary of state’s office approved the circulation of ballot petitions for their proposition. Supporters of the drug must collect nearly 505,000 signatures from residents by the 19th of December in order to get the initiative to appear on the ballot next year.

This wave of support, headed by medical marijuana activist Steve Kubby, varies from California’s Proposition 19. This was the failed attempt to legalize recreational marijuana during the 2010 midterm elections.
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Our Los Angeles medical marijuana attorneys would like to recognize the continuous efforts of these advocates. We also see the strategy of this campaign as next year’s presidential election is more likely to gain better support from a broader group of voters. Midterm elections typically bring out more conservatives.

In their latest attempt, they’re pushing to legalize marijuana by asking that people who grow the plant be treated like vintners and microbrewers. These people are not taxed when they keep the product for themselves.

The proposition recommends that those who sell marijuana be regulated by the state Department of Alcoholic Beverage Control.

When Proposition 19 was voted down in 2010 by a 54-46 percent vote, liberal and conservative politicians alike joined together in rejecting the proposal. If Proposition 19 would have passed, California would have been the first state to legalize smoking pot recreationally.

The California chapter of the National Association for the Advancement of Colored People (NAACP) called for an end to the “war on drugs” in what it called a “historic resolution.” Its resolution endorses rehabilitation programs. This theory is supported by recently released data that concludes that African Americans were nearly 15 times more likely to go to jail than whites for the same drug-related offense.

“These flawed drug policies that have been mostly enforced in African American communities must be stopped and replaced with evidenced-based practices that address the root causes of drug use and abuse in America,” said Benjamin Todd Jealous, president and CEO of the NAACP.

Throughout the Proposition 19 campaign a number of other black leaders voiced their opposing opinions on the legalization of the drug, saying that it would in fact harm the black community.

“It will cause more carnage, more devastation, more crime, more burglary in that community or in any other community. It doesn’t make sense. How can you educate an intoxicated mind? You can’t,” says Ron Allen, who is president of the International Faith-Based Coalition and is African American. “If Martin Luther King could hear something like that, he would turn over in his grave, knowing that our greatest civil rights organization is talking about legalizing a drug and calling that civil rights.”

In California, current law states that the possession of up to one ounce of marijuana is only an infraction. Former Gov. Arnold Schwarzenegger signed that law, making the punishment for possession the same as the punishment for a speeding ticket.
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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.
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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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