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Calif. Looks to Put Reins on Medical Marijuana Sales
October 7, 2009

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News Summary

California officials are seeking greater control over medical-marijuana sales, as pot dispensaries have proliferated in cities like Los Angeles and concerns are rising about drug dealers posing as medical-marijuana providers.

USA Today reported Sept. 30 that the law on medical-marijuana sales remains vague 13 years after its passage. San Diego District Attorney Bonnie Dumanis said that all of the dispensaries her office has investigated have been operating illegally, and some "appear to be run by drug dealers who see an opening in the market and a way to make a fast buck."

State Attorney General Jerry Brown has issued guidelines stating that nonprofit cooperatives and collectives can legally sell marijuana to patients. But some programs are pulling in hundreds of thousands of dollars in monthly profits. Meanwhile, some cities have had hundreds of storefront marijuana shops open since the law went into effect -- 400 registered programs in Los Angeles alone, for example, with many more unregulated shops also in operation.

"The practical reality has proven to be these facilities have by and large opened without any kind of registration, application, nothing," Jane Usher, special assistant city attorney in Los Angeles.

COMMENTS ON THIS ARTICLE:

Posted by steve the plumber on 08 Oct 09 03:51 PM EDT
First,let me say as a moral and decent human being,people have to make money, and money has to change hand's!to make the system work,is any business,in business, without any type of overhead?do not the pharmacies,and medical technican's,make a profit?the idea that people put the term,drug dealer's is just hipocritic,and unfair to people in need, and the supplier's. when are we all going to grow up, and be more mature? THe real truth is that ,the medical industry does not want people to be able to use a natural plant to help with so many symptom' and ailment's,so that they cannot sell their toxic pill's and medicines.they would lose their ass'es so to speak.that's why the government is so opposed to, legalization,they would lose money too.at least,with dispensories, it is pretty much a safe place for people to get their medication.

Posted by John from Oceanside on 08 Oct 09 05:04 PM EDT
The number of illegal marijuana store fronts in LA are over 1000 and according to owners of a couple of these places they were run out of LA and their storefronts were taken over by Mexican Mafia so they tried to move to San Diego. They said 600 had been taken over in LA by the prison gang. These business are nothing but drug dealers with a store. The medical industry has nothing to do with closing down these stores it Local Prevention Coalitions fighting back to stop the crime and marijuana avalibility.

Posted by therapist on 08 Oct 09 09:44 PM EDT
Jesus! Who cares about legal or illegal storefronts? I am treating a guy right now in New Orleans that is a card carrying member of the calafornia pot smokers of america and he says all you need to get one is to go to an MD and tell them you have seen someone for anxiety or depression (OF ALL THINGS) and BINGO you get one. Can you guess what he is getting treated for by me? DRUG ABUSE!

Posted by Cathie from Escondido CA on 08 Oct 09 10:43 PM EDT
At Cal State University San Marcos on October 7th, 2009 we had a classmate do a presentation about her experience of being a victim to Bonnie Dumanis. She explained how the police came into the non-profit medical marijuana dispensary arrested everyone and harassed them needlessly and then dropped all the charges. This is call creating a moral panic. She mentioned that they also took medical files. I am wondering if taking the medical files is in violation of HIPPA Act?

Posted by Ken Wolski, RN on 09 Oct 09 11:00 AM EDT
California's Fourth Appellate District heard oral arguments September 23rd in Qualified Patients Association v. City of Anaheim, a case that may decide whether local governments can ban medical marijuana dispensing collectives from operating. The nationwide medical marijuana advocacy organization Americans for Safe Access (ASA) argued against such bans, claiming that under state law local officials have an obligation to allow for the operation of lawful dispensing collectives, also known as dispensaries. ASA Chief Counsel Joe Elford, said, “Local governments cannot simply ban an activity that has been deemed lawful by the state." The Anaheim case is the first lawsuit of its kind to reach the appellate courts in California, and stands to shape the issue of access to medical marijuana for the state. "Dispensaries serve a critical function for our most seriously ill and should be encouraged, not banned," said ASA Media Liaison Kris Hermes. "Thousands of patients in California cannot cultivate their own medical marijuana and rely on local dispensaries for safer access than the illicit market." An increasing number of medical marijuana states are adopting laws to deal with the issue of local distribution, including New Mexico, and Rhode Island. A decision by the Fourth Appellate District Court in the Anaheim case is expected within 90 days.

Posted by Luis Lozano on 09 Oct 09 12:36 PM EDT
Seems like the state and cities who say they are having problems created the problem in the first place by not doing their homework in the beginning to properly regulate and make these dispensaries run in a way that is in accordance with the law. Now they are crying and trying to put their finger in the dyke a little too late. All they will end up doing is sending the dealers and users underground once again where they cannot be regulated. When prohibition whas repealed the very same people who were running booze became respectable distributors of liquor. The very same people who were being put in prison. Surprise.

Posted by Rob H. on 09 Oct 09 04:49 PM EDT
ASA Chief Counsel Joe Elford, said, “Local governments cannot simply ban an activity that has been deemed lawful by the state." Perhaps Mr. Elford should read Proposition 215, and the ballot arguments surrounding it; in other words, what convinced the VOTERS to approve a limited legal defense for medical marijuana users. The proposition did not and can not legalize the sale of marijuana, and that's what the pot store operators were doing. Here is the ballot argument language that convinced many voters to support 215: "Proposition 215 allows patients to cultivate their own marijuana simply because federal laws prevent the sale of marijuana, and a state initiative cannot overrule those laws." Compassionate voters allowed protection for sick people to use marijuana; THEY DID NOT VOTE TO SUPPORT DRUG CARTELS OPENING UP MARIJUANA STORES ON EVERY STREET CORNER. The ensuing clarification of the law (SB 420 and the Attorney General's guidelines) specify the legal protections for medical marijuana users and their caregivers. NEITHER OF THOSE AUTHORIZED THE DRUG CARTELS TO OPEN UP MARIJUANA STORES ON EVERY STREETCORNER.

Posted by Rob H. on 09 Oct 09 04:55 PM EDT
Mr. Lozano, the cities did not drop the ball. Dispensaries remain illegal. Here in San Diego, about 60 marijuana stores opened up, with about 10 percent of them actually applying for business permits from the city. Some of those lied about the nature of their business, in order to get the city permit. In L.A., the same thing happened, only multiplied by 10. But you said it yourself: "All they will end up doing is sending the dealers and users underground once again where they cannot be regulated." The problem is drug cartels pretending to be "compassionate caregivers." Medical marijuana users and their caregivers are not subject to arrest nor prosecution. Only drug dealers, people who operate outside the law, are being prosecuted.

Posted by steve the plumber on 09 Oct 09 05:00 PM EDT
I think Luis,is on to something!, in the 1920's,30's,40's,and later, in the case of alchol,prohibition, there were gangster's,mafia, mobsters,and a lot of bad people, involved in the selling of this , product. since alchol is a drug, they also should be considered drug dealer's. now that you can buy alchol at liquior store's,7-eleven, bar's ,grocery store's,it look's like we have a lot of drug dealers out there, am i the only, one that realize's this,can't we just get what we want, without a, bunch of B.S. it would be so nice.

Posted by Ken Wolski, RN on 09 Oct 09 09:48 PM EDT
San Diego has been the worst county in California when it comes to protecting medical marijuana users. San Diego fought the Compassionate Use program for years. In 2006, the Counties of San Diego and San Bernardino challenged California's medical marijuana laws as preempted by federal law. In a published 2008 decision, the Court of Appeal for the Fourth Appellate District held that federal law does not preempt the state medical marijuana card program, nor does it constitute an unconstitutional amendment of Proposition 215. Medical marijuana raids continued in September 2009 by the San Diego Police Department, and the San Diego Sheriff's Department, with the support of the Drug Enforcement Administration. "Not only does the federal government have no place helping to enforce state and local medical marijuana laws," said ASA California Director Don Duncan. "Local officials must regulate medical marijuana and enforce those laws with civil actions, not with the barrel of a gun."

Posted by Brinna on 10 Oct 09 12:29 AM EDT
Frankly,regulated sales within the context of dispensaries seems to me to be a much safer, controlled delivery system then forcing people to buy on the streets. Let me pose this question: why is mild euphoria considered an adverse side effect? Have you read the sides effects of Lyrica, for example? I simply cannot understand the convoluted logic of those who would protect people from themselves by throwing them in jail, when their only "crime" is ingesting a plant? It is time to bring cannabis into the light and moderation of regulation. Prohibition has never worked and never will.

Posted by Brinna Nanda on 11 Oct 09 11:59 PM EDT
"Only drug dealers, people who operate outside the law, are being prosecuted." Not true, unfortunately. Consider Charles C. Lynch. Even the judge didn't want to send him to jail.

Posted by Shattah206 on 12 Oct 09 06:34 PM EDT
ASA Chief Counsel Joe Elford, said, “Local governments cannot simply ban an activity that has been deemed lawful by the state." . . . of course they can. Local cigarette smoking bans were in place and not challenged before statewide bans. Therapist from NOLA, I feel for you. It's a different world out west.

Posted by corinne obrian on 12 Oct 09 06:56 PM EDT
Well, if we are seeing an increase in selling of medical marijuana, are we asking ourselves, 'is crime on the rise?', or 'are we getting sick or psychotic or otherwise by this increase in M. M.?' I see no correlation between M. M. and sociatial problems coming on the rise. On the contrary marijuana is a soothing, calming, reflective NATURAL drug and should be something available to all adults who want to have it and use it.

Posted by steve the plumber on 17 Oct 09 10:26 PM EDT
Corinne, you are my girl!you hit the nail so, on the head , i wish there were more people that truly understood this faboulous plant,we are not saying that police, judge's lawyer's,doctor's,fireman,any , government officals,or any one that doesn't want to use this herb, do so.what we are saying is just let the one's that want to use it ,to do so,and if by GOD'S will that some problem's come from this ,then i should pay for it. nothing more , nothing less, just give us the liberty to be free people and don't judge us before that.this country would be such a better place to live.but ya know, i've heard of a lot more people getting killed from drinking,than, smoking, and that's a fact jack.

Posted by Pat on 18 Oct 09 12:39 PM EDT
Is this a surprise to anyone? Get Real! These people that legalized this harmful DRUG had to know this was going to happen. I'm not the only smart person in the world with enough foresight to see all the problems this was going to create.

Posted by Ronice on 19 Oct 09 11:35 AM EDT
It's my opinion that the federal government should legalize marijuana and then it could be regulated and many people employed. Just like with alcohol. Although again, in my opinion alcohol is a dangerous drug and the costs of use outweigh the profits, this is not so with marijuana. Yes, some people have the diease of addiction and should not smoke marijuana because it will lead to their use of their drug of choice. But there are many medical benefits to marijuana, including mental health benefits and little side effects. NOT SO with all the chemical compounds the drug companies push. Oxycodone has been the worst drug to be dispensed by the medical profession in decades. I've seen many people prescribed this drug for pain that end up using heroin.

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