1. Dispensary Bans and Moratoriums Throughout California

A case is being considered by the California 4th Appeals District that will decide whether or not it is illegal for cities to ban medical cannabis dispensaries.  Until we get a ruling in Qualified Patients Association v. Anaheim, and until and unless communities members stand up for their right to access medicine without resorting to the illicit market, moratoriums and bans on dispensaries will continue throughout California.  These restrictions are very often based on baseless information, faulty claims of community nuisance, and a “not in my backyard” attitude which hurts both patients and communities

• Without Deliberation, Oakley City Council Bans Dispensaries – After a year long moratorium, the Oakley City Council banned medical cannabis dispensaries this week, without deliberation and without opposition from the public.  City Attorney Allison Barrett-Green claimed that dispensaries had a negative impact on communities, bringing crime and increasing recreational marijuana use.   Reports have shown that, in many cases dispensaries decrease crime in an area due to personal security of the establishments, and no data of any kind has ever demonstrated an increase in recreational use due to dispensaries.

• Desert Hot Springs Planning Commission Recommends Banning Dispensaries – The Planning Commission voted 3-2 on Tuesday to ban medical cannabis dispensaries.  The City Council is expected to take the issue up itself in the near future.  Those in Desert Hot Springs who may be impacted by such a ban should keep close watch on upcoming city council agendas, at www.desert-hot-springs.us

• Yucca Valley Town Council Passes 45-Day Dispensary Moratorium – The moratorium on medical cannabis dispensing collectives was enacted to prohibit dispensaries from opening while the city looks into the matter.  After 45 days, the city can extend the moratorium for 10 months, and after that for 1 year.  For the foreseeable future the, moratorium is expected to be in place.  Community members should begin organizing now to assert the need for dispensaries in Yucca Valley, the lack of evidence demonstrating harms to communities, and the available evidence demonstrating benefits.

• Morro Bay City Council Puts off Moratorium Decision – At the site of national media story of Charles Lynch, who’s dispensary was raided by DEA last year, even though it had the blessing of local officials – the city council is considering a moratorium  on the facilities.  Though the city directed staff to compile a report on the dispensaries, it looks as though the Sheriff who, out of an inexplicable personal vendetta against an unsuspecting Charles Lynch, called in DEA to shut down the legal, well-run, and model dispensing collective, may get his way by the City’s action.  It is absolutely imperative that Morro Bay citizens contact their city council members to weigh in on the potential moratorium.

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Vallejo Raids, DEA Aggression Continues Despite Executive Change

On Wednesday, the Vallejo Patients Cooperative at 320 Mini Dr. was raided by a coalition of DEA agents, Vallejo police and Solano County Sheriff’s deputies.  No arrests were made in the raid of the facility, a likely indicator that the dispensing collective itself was engaged in no illegal activity, but was rather the target of bullying, intimidation, and abuse by local and federal authorities.

Often, arrests occur at dispensaries in cases that the federal government wants to pursue.  The vast majority of these turn out to be individuals operating in complete compliance with California law.  The fact that there are no arrests in a raid means that it is likely that no charges against dispensary operators would hold up in court.
A recent article in the District Weekly, out of Long Beach, demonstrated how DEA and local police actively seek out complaints from dispensaries, don’t verify the validity or sources of those complaints, yet break into dispensaries to destroy personal property, seize medicine, point assault rifles at innocent US citizens, well beyond even the scope of the warrants they obtain, all justified by less than half a dozen complaints, most of which were from the same person with a questionable mental state.

DEA raids have continued in the period since the November 4th presidential election, despite an outgoing and lame-duck Bush Administration, and a clearly stated Obama position opposed to the raids. ASA will be monitoring DEA action especially closely, and any raid activity conducted after the January 20th inauguration will be met with a strong response by ASA and medical cannabis activists.

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Humboldt Supervisors Weigh in on Environmental Impact of Cannabis Growth

This week, Humboldt County Supervisors heard statements by concerned citizens about the environmental impact of indoor medical cannabis grows within the county.   At the meeting, some pointed out that the grows require 24 hour use of diesel generators that are often poorly maintained, leading to diesel spills into the groundwater, and improper and hazardous disposal of waste oil.  Also brought up was the danger of rural fires, which local fire department officials claim can result from improper use of the generators.

Potential solutions at the meeting included the consensus that the type of education necessary to properly run diesel generators to maintain a safe indoor medical cannabis grow should come from the County itself, in the form of a brochure or other educational materials. The literature would advise landowners on the proper way to set up and maintain the diesel tanks and generators to avoid hazardous contamination and how to deal with spills.

Another suggestion was the possibility of fuel tank registration, though County Environmental Health Director Brian Cox question the enforceability of such a requirement.  But in the end, the Board opted not to take action, but to defer a decision on environmental impact and regulation for another time.

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San Luis Obispo Patient Receives 21 Days in Jail Before Case Dismissed

Former drug and alcohol counselor Richard Steenken, who uses medical cannabis legally to treat a medical condition, had all licenses and documentation asserting his legality under California law, yet was arrested by San Luis Obispo Sheriff’s Department and spent 21 days in jail before his case was thrown out by a judge.

San Luis Obispo Sheriff Patrick Hedges gained notoriety in part for calling DEA on dispensary operator Charles Lynch in a raid that made national headlines due to the personal vendetta that spurred the DEA call.  Lynch, who will be sentenced in early January, now potentially faces 100 years in federal prison due to the action by Sheriff Hedges.

Hedges’s deputies dedicated many hours of investigation to ultimately serve a warrant on Steenken without ever bothering to check if he was legally recognized by the county. Sheriff Sgt. Rick Neufeld said that step would generally be part of an investigation, but couldn’t say why it wasn’t done in this case.  When Steenken gave them his county issued ID card, the police didn’t bother to verify it, which could have been done easily over the internet.  The also disregarded Steenken’s doctor’s recommendation because it was over a year old.  There is no legal requirement or statute at any level of government that says doctors’ recommendations expire after 1 year.

The case was finally dropped after the city attorney called Steenken’s doctor to confirm he was a patient, after he had already spent 21 days in jail.  Steenken had 43 small plants, each less than 8 inches, 53 grams of dry cannabis, and a small amount of concentrated cannabis.  All will be returned to him thanks to ASA’s victory in Garden Grove

This entry was posted on Monday, December 15th, 2008 at 9:35 am and is filed under Medical Cannabis. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.