Court Rulings Bode Ill for Medicinal Pot

SF Gate:  “the U.S. Justice Department said that federal courts in all four California judicial districts have rejected appeals by dispensaries threatened with shutdown.  The most recent rejection came this month, when a federal court in Oakland rejected appeals filed by the Marin Alliance for Medical Marijuana in Fairfax, the Medthrive Cooperative and the Divinity Tree Patients’ Wellness Cooperative in San Francisco, and Medthrive’s landlords. Similar appeals by dispensaries in Sacramento, Butte County and Los Angeles County were rejected earlier this year. . . . All told, approximately 400 dispensaries in California have closed since the four U.S. Attorneys began their coordinated crackdown in September”

By |2012-07-29T08:03:14-07:00July 29th, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on Court Rulings Bode Ill for Medicinal Pot

Obama Trip Draws Marijuana Protests

U.S. Politics & Policy:  “Supporters of medical marijuana protested over President Barack Obama’s fund-raising visit to Oakland, California this week, vowing to pull their votes for the incumbent because of a recent federal crackdown on cannabis dispensaries. . . . ‘We’re asking President Obama to call off this unauthorized war on medical cannabis’.”

By |2012-07-26T07:46:03-07:00July 26th, 2012|California News, Stories & Articles|Comments Off on Obama Trip Draws Marijuana Protests

L.A. City Council Bans Medical Marijuana Dispensaries

Los Angeles Times:  “In what could be a turning point in the city’s seemingly unending battle to regulate the distribution of medical marijuana, the Los Angeles City Council voted unanimously Tuesday to ban all pot dispensaries, while also opening the door to possibly let some remain.  Under the ban, all of the 762 dispensaries registered in the city will be sent letters ordering them to shut down immediately. Those that don’t comply may face legal action from the city.”

By |2012-08-12T09:19:32-07:00July 25th, 2012|California News, Stories & Articles|Comments Off on L.A. City Council Bans Medical Marijuana Dispensaries

DEA Raids Lake Elsinore Medical Marijuana Dispensary

The Press Enterprise:  “Federal agents raided a medical marijuana dispensary in unincorporated Lake Elsinore on Tuesday, July 17, the second time the operation was hit in three months.  Drug Enforcement Administration agents served a federal search warrant at Compassionate Patients Association, in the 17500 block of Grand Avenue. No arrests were made.”

By |2017-10-07T09:54:54-07:00July 19th, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on DEA Raids Lake Elsinore Medical Marijuana Dispensary

Harborside Health Center’s Steve DeAngelo Video Interview

Fox Business News:  “Feds Crack Down on California Medical Marijuana Clinics, but Harborside Health Center executive director Steve DeAngelo argues his marijuana clinics obey the law.

By |2012-07-18T23:45:02-07:00July 18th, 2012|California News, Federal Dispensary Attacks, Stories & Articles, Video|Comments Off on Harborside Health Center’s Steve DeAngelo Video Interview

Oakland Protests U.S. Attorney’s Crackdown on Large Medical Marijuana Dispensary

Los Angeles Times:  “City leaders say Harborside Health Center follows state and local laws and that its closure would have serious economic consequences.  A day after federal prosecutors moved to shutter the country’s largest medical marijuana dispensary, city leaders and other officials came to the defense of Harborside Health Center, warning of dire economic and social consequences if Oakland’s carefully regulated industry is quashed.  ‘We cannot afford the money, we cannot afford the waste of law enforcement resources, and we cannot afford the loss of jobs that this would entail,’ City Councilwoman Rebecca Kaplan said Thursday at a news conference as dozens of Harborside Health Center patients stood by.”

By |2012-07-14T07:19:07-07:00July 14th, 2012|California News, Federal Dispensary Attacks|Comments Off on Oakland Protests U.S. Attorney’s Crackdown on Large Medical Marijuana Dispensary

Owner Of First U.S. Marijuana Pharmacy Now Broke And Fighting IRS

Forbes:  “Lynnette M. Shaw, the colorful pot activist who opened the first licensed medical marijuana dispensary in the United States, is fighting an Internal Revenue Service bill for $1.27 million in back income taxes and penalties and has filed for personal bankruptcy, listing $276,000 in state sales taxes among her debts.  Shaw was forced to shut her Marin Alliance for Medical Marijuana in Fairfax, Ca. late last year, after U.S. Attorney for Northern California Melinda Haag wrote a letter to her landlord threatening to seize the building that housed her operation. The letter was part of a coordinated crackdown by four U.S. Attorneys in California on marijuana dispensaries . . . . The same crackdown led Haag to file two lawsuits this week seeking to seize  buildings in Oakland and San Jose housing the state’s largest dispensary, Harborside Health Center”

By |2019-06-14T08:26:12-07:00July 14th, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on Owner Of First U.S. Marijuana Pharmacy Now Broke And Fighting IRS

California Attorney General Tells CA Banks to Cease Doing Business with Marijuana Dispensaries

Toke of the Town:  “This week the so-called invisible hand of the Feds struck again with their closed fist wantonly coming down on whomever they feel is in their way. This week’s Bay Area scorecard was 2-zip in their favor. They closed a favorite San Francisco dispensary and reminded any banking institution that does business with the pot shops that there will be unfair scrutiny for complying with the law. . . . our Cali Top Cop, in her infinite wisdom, stopped banks from doing business with dispensaries. . . . Here are the major ramifications of not being able to bank your business: there’s cash everywhere.”

By |2015-04-06T18:55:43-07:00July 13th, 2012|Banking Issues, California News, Stories & Articles|Comments Off on California Attorney General Tells CA Banks to Cease Doing Business with Marijuana Dispensaries

Feds Sue to Take Land Occupied by Harborside Health Center, the Largest Medical Marijuana Dispensary in the US

Opposing Views:  “California’s most well-known medical marijuana dispensary, Harborside Health Center, was served with a civil complaint for ‘forfeiture of property‘ on Monday for both of their locations in Oakland and San Jose. . . . The forfeiture action is against the ‘third-party’ property owner, Real Property and Improvements, and was filed by U.S. Attorney Melinda Haag, who last October announced with the other U.S. Attorneys an escalated campaign against medical marijuana dispensaries and growers. . . . Since the U.S. Attorney announcement last October, more than 400 dispensaries have shut down in California, mostly from the specter of federal criminal prosecution or asset forfeiture. At least 300 letters have been sent to property owners around the state, threatening federal action if they don’t evict their dispensary tenants. However, only about half a dozen such actions have been taken.”

Question for prospective Arizona medical marijuana dispensary owners, their landlords, Arizona Attorney General Tom Horne, Arizona Governor Jan Brewer and the Arizona Department of Health Services:  Are you paying attention to what the federal government is doing to medical marijuana dispensaries and property owners who allow dispensaries to operate on their land?  Read “Federal Dispensary Attacks.”

By |2012-07-12T07:47:18-07:00July 12th, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on Feds Sue to Take Land Occupied by Harborside Health Center, the Largest Medical Marijuana Dispensary in the US

Cities Balk as Federal Law on Marijuana Is Enforced

New York Times:  “Faced with growing chaos in the state’s medical marijuana industry, this city in Northern California passed an ordinance in 2008 that meticulously detailed, over 11 pages, how the drug could be grown and sold here. . . . Humboldt Medical quickly closed shop after federal prosecutors began shuttering hundreds of dispensaries in October in one of the biggest crackdowns on medical marijuana since its legalization in California in 1996. . . . City officials, afraid of becoming targets themselves of the prosecutors, have suspended the applications of two other dispensaries that were expected to be approved.”

By |2012-07-05T07:21:55-07:00July 5th, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on Cities Balk as Federal Law on Marijuana Is Enforced

Medical Marijuana Dispensaries Are Legal: California Court

Toke of the Town: “In a landmark decision, a California court has affirmed the legality of medical marijuana dispensaries under state law, and rejected bans imposed by cities and by Los Angeles County.  The Second District Court of Appeal in California issued the decision on Monday in County of Los Angeles v. Alternative Medicinal Cannabis Collective (AMCC). In particular, the court held that Los Angeles County’s ‘complete ban’ on medical marijuana is ‘preempted’ by state law and, therefore, void.”

By |2012-07-05T07:12:44-07:00July 5th, 2012|California News, Stories & Articles|Comments Off on Medical Marijuana Dispensaries Are Legal: California Court

Police Raid Sacramento Restaurant Serving As Medical Marijuana Front

CBS 13 Sacramento:  “A Sacramento restaurant was raided Wednesday by Sacramento sheriff’s deputies.  They say it was a front for a medicinal marijuana dispensary.  Believe it or not from sheriff’s deputies who’ve eaten here, this place has the reputation of having great food but even members of law enforcement didn’t suspect the other business being operated here.”

By |2017-02-12T07:39:19-07:00July 5th, 2012|California News, Marijuana Crimes, Stories & Articles|Comments Off on Police Raid Sacramento Restaurant Serving As Medical Marijuana Front

Marijuana Decision by Calif. Supreme Court Allows Cities Like L.A. to Shut Down Pot Shops

Los Angeles Times:  “A new court ruling (or, actually, a lack of one), is being hailed as a huge victory by the side that says selling is drug dealing:  The California Supreme Court declined to review a lower court decision that favored the city of L.A. in its crackdown on a Culver City-adjacent pot shop called Organica.  A new court ruling (or, actually, a lack of one), is being hailed as a huge victory by the side that says selling is drug dealing:  The California Supreme Court declined to review a lower court decision that favored the city of L.A. in its crackdown on a Culver City-adjacent pot shop called Organica.”

By |2019-06-14T08:25:50-07:00June 30th, 2012|California News, Stories & Articles|Comments Off on Marijuana Decision by Calif. Supreme Court Allows Cities Like L.A. to Shut Down Pot Shops

Marijuana Dispensary Corruption Probe Spreads to Second City

Los Angeles Times:  “A Santa Fe Springs councilman agreed to plead guilty to a federal charge that he took $11,500 in bribes from a medical marijuana dispensary operator who wanted the city to allow him to keep his shop open.”

By |2012-06-29T06:25:15-07:00June 29th, 2012|California News, Stories & Articles|Comments Off on Marijuana Dispensary Corruption Probe Spreads to Second City

One Vallejo Pot Club Case Dismissed; another Raided for 3rd Time

Times Herald:  “Solano County prosecutors have dismissed, ‘pending further investigation,’ the case against one of seven Vallejo medical marijuana dispensary operators arrested in recent raids.  ‘Nature’s Love’ founder Marc Hewitt, 58, was arrested on suspicion of running an illicit dispensary after the Vallejo police and Solano County Narcotics Enforcement raid May 4 on his club, which he opened in November.  While six other local dispensary operators arrested in recent police raids are facing state felony drug charges, none have been filed so far against Hewitt.”

By |2012-06-24T10:40:49-07:00June 24th, 2012|California News, Stories & Articles|Comments Off on One Vallejo Pot Club Case Dismissed; another Raided for 3rd Time

Mayor of Small California Town, 2 Others, Charged with Taking Bribes to Support Pot Dispensary

Washington Post:  “If someone wanted to do business in the small Southern California city of Cudahy, federal prosecutors say one-time city manager Angel Perales had some advice.  “Money makes the monkey dance,” Perales told an FBI informant, according to court documents.  Perales, Mayor David Silva and Councilman Osvaldo Conde were arrested Friday and charged with soliciting and accepting cash bribes totaling $17,000 to support the opening of a medical marijuana dispensary.”

See other stories on these arrests:

  • KTLA.com:  “3 Cudahy Officials Arrested in Federal Bribery Probe.”

Long Beach Moves Toward August Marijuana Collective Ban

Gazettes.com:  “If nothing happens before Aug. 12 this year, then all medical marijuana collectives will be banned from Long Beach. . . . The city has been dealing with about 25 or 30 illegal collectives — mostly through fines and going after property owners.”

By |2012-06-22T05:44:53-07:00June 22nd, 2012|California News, Stories & Articles|Comments Off on Long Beach Moves Toward August Marijuana Collective Ban

Pot Dispensary Owner Faces Life Sentence for Being Too Profitable

Reason.com:  “Medical marijuana dispensary owner Aaron Sandusky might be going to jail for a long, long time. . . . Thom Mrozek, the press representative for the Department of Justice’s Central California district, responded to questions about G3 Holistic with this emailed statement:  ‘Those associated with the G3 marijuana store ignored a series a warnings that the retail store in Upland was operating in violation of the law. Those warnings came from local officials, through letters from the Department of Justice, during the execution of search warrants and through civil lawsuits’.”

Sandusky and the DEA’s previous raids on G3 Holistic are showcased in this Reason.tv video on Obama’s war on medical marijuana.

httpvh://youtu.be/WYANybQlaUc

By |2012-06-19T06:30:22-07:00June 19th, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes, Video|Comments Off on Pot Dispensary Owner Faces Life Sentence for Being Too Profitable

Some Southern California ‘Nonprofit’ Pot Shops Make Big Money

Los Angeles Times:  “Documents show a cash-infused retail world bearing little resemblance to the one pitched to voters for the 1996 Compassionate Use Act for ‘seriously ill Californians.’ . . . Many medical marijuana dispensaries have been making huge sums of money even as they claim to be nonprofit, according to court and law enforcement records, industry insiders, police and federal agents. . . . The federal government, which considers all marijuana use illegal and has signaled it will target any commercial operations, has launched a multi-pronged campaign to put this all back in the bottle. And local authorities throughout California, led by the Los Angeles Police Department and Los Angeles County Dist. Atty. Steve Cooley, are going after them too, based on the notion that nothing in the medical marijuana law permits sales or profits. . . . LAPD Det. Robert Holcomb instructs smaller agencies with a simple message: ‘Sales are not authorized anywhere in the medical marijuana laws.’  In the last three years, his team of detectives in the Devonshire Division got rid of all 38 dispensaries in their turf, whether they were barely getting by or brimming with cash.”

By |2012-06-18T06:18:28-07:00June 18th, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on Some Southern California ‘Nonprofit’ Pot Shops Make Big Money

Feds Indict 6 California Medical Marijuana Dispensary Owners & Sue to Take Landlord’s Land

The Press-Enterprise:  “Federal authorities indicted and arrested six men connected with the operation of G3 Holistic, a chain of Inland medical marijuana dispensaries which federal authorities say were actually for-profit marijuana sales storefronts.  G3 tried in 2011 to hide more than $3.3 million it took in ‘to maintain the façade of G3 Holistic as a nonprofit organization,’according to an Internal Revenue Service analysis. . . . In a civil forfeiture complaint, the government claimed that a forensic investigation by the IRS identified 19 bank accounts linked with G3 Holistic Inc. or individuals connected with it. The accounts had received $3.3 million in deposits during an eight-month period in 2011, with withdrawals nearly equaling that amount. The IRS concluded it was to make G3 appear to be a nonprofit organization.”

The six people who were indicted are:  Aaron Sandusky, John Leslie Nuckolls II, Keith Alan Sandusky, Paul Neumann Brownbridge, Richard Irwin Kirchnavy and Brandon Anton Gustafson.

Words of Advice to Medical Marijuana Dispensary Owners:  Keep a low profile.  Do not do media or interviews.  Aaron Sandusky has a Youtube video that not only got him on the feds radar, but probably made him a target of enforcement action.

httpvh://youtu.be/lfKE-zSVeAo

By |2017-10-07T09:54:54-07:00June 16th, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles, Video|Comments Off on Feds Indict 6 California Medical Marijuana Dispensary Owners & Sue to Take Landlord’s Land

DOJ War Against Marijuana Dispensaries Claims More Victims, but Arizona Governor, Director of Arizona Health Services & Prospective Arizona Medical Marijuana Dispensary Owners & Landlords Put Heads Deeper into the Sand

The text below is a June 6, 2012, press release issued by the U.S. Attorney for the Central District of California.  “Federal enforcement actions – the asset forfeiture lawsuits and warning letters – have now targeted more than 220 marijuana stores and grows in the Central District of California.”  That is more than two times the number of dispensaries Arizona will have, but each Arizona dispensary will be growing and selling on a large scale by virtue of the fact Arizona’s medical marijuana law limits the number of dispensaries.

If you are involved with an organization that is seeking to obtain a license to operate an Arizona medical marijuana dispensary or a landlord that is considering leasing to a dispensary you must read this press release and note the text in bold in red then ask yourself this question:

Why in the world would you want to risk your future by getting involved with an Arizona medical marijuana dispensary?

Federal Enforcement Actions Against Commercial Marijuana Operations Continue with Warning Letters and Civil Lawsuits Targeting Illegal Storefronts in Los Angeles County

LOS ANGELES – As part of the ongoing federal enforcement actions against the commercial marijuana industry in California, federal authorities this week filed two asset forfeiture lawsuits against properties housing three marijuana stores in Santa Fe Springs and sent warning letters to people associated with another 34 illegal marijuana operations in Los Angeles County.

The warning letters and lawsuits target all known marijuana stores in the communities of Santa Fe Springs, Whittier, South El Monte, La Mirada, Diamond Bar, Artesia, Paramount, South Gate, City of Commerce, Agoura Hills and Malibu.

The two civil asset forfeiture complaints were filed yesterday in United States District Court in Los Angeles against two properties in Santa Fe Springs where marijuana stores are currently operating. According to the lawsuits, “Under federal law, the distribution of marijuana (a Schedule I controlled substance under Title 21) is prohibited except under very limited circumstances not applicable here. The government is informed and believes that at all times relevant to this complaint, the operation of the marijuana stores on the defendant property was not (and is not) permitted under California law.”

The forfeiture lawsuits allege that the owners of the properties knowingly allowed commercial marijuana stores to operate in Santa Fe Springs. The buildings named in the forfeiture lawsuits house:

two marijuana stores located on one property on Rosecrans Avenue which have been the subject of cease and desist letters issued by Santa Fe Springs and which appear to involve a landlord as a silent partner; and

a marijuana store on Telegraph Road that received a cease and desist letter from the city, and which is being operated by a man with a prior conviction in state court for possession of marijuana for sale.

The two marijuana stores at the Rosecrans Avenue location – Tri-City Patient’s Association and the Canna-America Collective (until recently known as the Organic Way Collective) – were the subject of federal search warrants that were executed this morning.

In conjunction with the filing of the asset forfeiture complaints, letters were mailed out yesterday to the property owners and operators of 34 additional marijuana stores that are either currently operating or were recently closed in selected areas in Los Angeles. The warning letters give the operators and landlords 14 days to come into compliance with federal law or risk potential civil or criminal actions.

This week’s enforcement actions in Los Angeles County follow similar actions in recent months across the seven-county Central District of California. Starting in October 2011, prosecutors began filing asset forfeiture lawsuits and sending letters to marijuana operations in selected areas in the Central District of California (see, for example: http://www.justice.gov/usao/cac/Pressroom/2012/056.html).

With the lawsuits filed this week, the United States Attorney’s Office has filed a total of 12 asset forfeiture complaints. Three of those actions have been resolved with the closure of the marijuana stores and court-approved consent decrees in which property owners agreed that they would no longer rent to people associated with illegal marijuana operations or the property would be subject to an immediate forfeiture to the government.

Federal enforcement actions – the asset forfeiture lawsuits and warning letters – have now targeted more than 220 marijuana stores and grows in the Central District of California. The majority of those stores are now closed, are the subject of eviction proceedings by landlords, or have been the subject of additional federal enforcement actions such as search warrants.

In October 2011, the four United States Attorneys in California announced the coordinated enforcement actions targeting illegal marijuana cultivation and trafficking (see: http://www.justice.gov/usao/cac/Pressroom/2011/144a.html).

The United States Attorney’s Office is working in conjunction with the Drug Enforcement Administration and IRS – Criminal Investigation. The Los Angeles County Sheriff’s Department, which provides law enforcement services in most of the communities targeted this week, provided substantial assistance to federal authorities.

Release No. 12-074

Emphasis added.

By |2017-02-12T07:39:19-07:00June 12th, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes|Comments Off on DOJ War Against Marijuana Dispensaries Claims More Victims, but Arizona Governor, Director of Arizona Health Services & Prospective Arizona Medical Marijuana Dispensary Owners & Landlords Put Heads Deeper into the Sand

Sacramento Marijuana Dispensary Latest Target of Federal Crackdown

Sacramento Bee:  “The federal war on medical marijuana came to Sacramento again Monday with the early morning raid of a dispensary hailed by at least one city councilman as an ideal player.  Federal Drug Enforcement Agency officials would say little about Monday’s raid other than to confirm they had executed a search warrant on El Camino Wellness Center near El Camino Avenue and Interstate 80.  El Camino Wellness was one of four dispensaries that had gone through the city’s stringent vetting process and is a state and locally sanctioned nonprofit, said Max Del Real, a cannabis industry lobbyist working for El Camino Wellness.”

By |2017-02-12T07:39:19-07:00June 12th, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on Sacramento Marijuana Dispensary Latest Target of Federal Crackdown

Massive Pot Plantation Eradicated in Ventura County, California

Los Angeles Times:  “A Ventura County Sheriff’s narcotics squad has eradicated a 13-acre marijuana plantation in Los Padres National Forest near Ojai that officials said had the capacity to produce some 11 tons of pot, with a potential street value of $88 million had it grown to harvest. A sheriff’s helicopter discovered the plantation during a flyover. Two plots had been cleared of their natural vegetation to make way for more than 22,000 marijuana plants”

By |2012-06-05T05:53:36-07:00June 5th, 2012|California News, Federal Dispensary Attacks|Comments Off on Massive Pot Plantation Eradicated in Ventura County, California

There are No Medical Marijuana Dispensaries in San Luis Obispo County, California

New Times:  “Some 16 years after California voters decriminalized the medicinal use of marijuana, San Luis Obispo County is no closer to having a dispensary than its own Disney World.  Despite having an ordinance on the books for five years now, which supposedly allows for brick-and-mortar storefronts, plans for local projects have come and gone without success.”

By |2012-06-02T07:25:08-07:00June 2nd, 2012|California News, Stories & Articles|Comments Off on There are No Medical Marijuana Dispensaries in San Luis Obispo County, California

L.A. To Consider Complete Dispensary Ban

LA Weekly:  ” The L.A. City Council’s Planning and Land Use Management (PLUM) committee will take up all facets of proposed bans on medical cannabis in town. A complete obliteration of Los Angeles’ famous and numerous pot shops is on the table.”

By |2019-06-14T08:25:49-07:00May 29th, 2012|California News, Stories & Articles|Comments Off on L.A. To Consider Complete Dispensary Ban

Landmark Medical Marijuana Dispensary Ruling Prevails

Toke of the Town:  “People v. Colvin Affirms That Dispensing Collective Members Are Not Required To Help Cultivate Their Marijuana.  The absurd specter of seriously ill medical marijuana patients being forced to work in the fields for their medicine has been dispelled. In a major victory for the community, the California Supreme Court on Wednesday denied review of an important dispensary case out of Los Angeles. Rejecting calls from State Attorney General Kamala Harris and law enforcement to review the Court of Appeal ruling in People v. Colvin, the Court upheld certain protections for medical marijuana patients and providers.”

Read People v. Colvin.

By |2012-05-26T06:10:21-07:00May 26th, 2012|California News, Stories & Articles|Comments Off on Landmark Medical Marijuana Dispensary Ruling Prevails

We Grow’s Dhar Mann Charged with Fraud by Alameda County, California

SF Gate:  “A young and politically connected businessman who sought fame as a ‘ganja-preneur’ in Oakland’s medical marijuana industry was charged Thursday with 13 felonies for allegedly defrauding a city grant program that helps property owners pay for renovations.  Alameda County prosecutors charged Dhar Mann, 27, with stealing thousands of dollars from the city in 2008 and 2009. Mann was not arrested and is scheduled to be arraigned Wednesday.”

By |2012-05-23T07:29:12-07:00May 23rd, 2012|California News, Stories & Articles|Comments Off on We Grow’s Dhar Mann Charged with Fraud by Alameda County, California

Ninth Circuit Court Rules Medical Marijuana Not Protected by Americans With Disabilities Act

Phoenix New Times:  “Gravely ill and severely disabled?  Real sorry about that, but you should still be thrown in jail for using marijuana, says a ruling by the U.S. Ninth Circuit Court of Appeals.  Yesterday’s ruling came in a California case that pitted disabled people against the wishes of city leaders who don’t like medical-marijuana dispensaries.  Costa Mesa and Lake Forest took steps to close the pot shops a few years ago, angering patients and activists who believe California law — and the federal ADA — prohibits such actions.  Not so, says the Ninth.”

The Orange County Register:  “A decision by the U.S. 9th Circuit Court of Appeal has found that two Orange County cities are not violating the Americans With Disabilities Act by closing down medical marijuana shops and preventing handicapped patients from having access.  A three-judge panel on Monday upheld the denial of a request filed by four severely disabled medical marijuana users against Costa Mesa and Lake Forest. Their suit charged that the two cities were violating the Americans With Disabilities Act by closing down dispensaries that distributed marijuana.”

Read the opinion in the case of James vs. City of Costa Mesa.

By |2012-05-23T07:19:36-07:00May 23rd, 2012|California News, Legal Issues, Stories & Articles|Comments Off on Ninth Circuit Court Rules Medical Marijuana Not Protected by Americans With Disabilities Act

Novato, California, Dispensary Green Door Stays Open

Novato Advance:  “Lawrence Pebbles, owner of Novato marijuana dispensary the Green Door Wellness Center, is asking the city to support more than 1,900 local patients by allowing them safe access to medical marijuana.  While medical-marijuana dispensaries have been forced out of California cities at an alarming rate, Pebbles has been outspoken on recent federal busts and remains open for his Novato client base.  Federal authorities have targeted California’s pot dispensaries since October, . . . The Green Door received a cease-and-desist order last November from the building’s landlord, David Cesena. After going to trial, Pebbles won the case, said Jeffrey Moss, Pebbles’ attorney.”

Interesting that the court did not find the lease to a medical marijuana dispensary to be an unenforceable contract because it had an illegal purpose like the Maricopa County Superior Court judge did in the case of Michele Rene Hammer v. Today’s Health Care II.

By |2019-06-14T08:25:49-07:00May 17th, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on Novato, California, Dispensary Green Door Stays Open

Authorities Raid Medical Marijuana Dispensary in Fontana, California & Target & Others

The Sun:  “Local and federal law enforcement agencies raided and shut down a medical marijuana clinic Tuesday morning in what police say was the first of eight dispensaries they plan to bust in the city. . . . ‘This should serve as notice to the other dispensaries that they’re not going to fly under the radar,’ said Fontana police Sgt. Billy Green. . .  . ‘It’s significant to us because we have identified seven other medical marijuana facilities in the city, and we are working with the federal government to get them shut down as well,’ Green said”

By |2017-10-07T09:54:54-07:00May 17th, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes|Comments Off on Authorities Raid Medical Marijuana Dispensary in Fontana, California & Target & Others
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