DA Says Chico City Councilors Could Face Jail Over Pot Dispensaries

[Jim Finnel]

Ca. - The Chico City Council's decision this week to begin drafting a zoning ordinance for medical marijuana dispensaries doesn't sit well with Butte County District Attorney Mike Ramsey.

Tuesday, the council gave direction to City Attorney Lori Barker to begin drafting an ordinance that would designate where medical marijuana dispensaries could be located in the city limits and what guidelines the operations would have to adhere to.

Thursday evening, Ramsey said on the surface, the council's action is within California's legal parameters.

"The City Council can zone for collectives or cooperatives if they so wish," Ramsey said. "It is certainly their prerogative to do so."

But Ramsey also noted storefront dispensaries are vastly different from collectives or cooperatives in the eyes of the law.

Although he said collectives and cooperatives are permissible by state law, Ramsey said selling or distributing marijuana is prohibited. It is his opinion as the county's top law enforcement official that storefront dispensaries are illegal.

Although the City Council would not be engaging in direct criminal action by allowing dispensaries, Ramsey said designating storefront dispensaries as legal entities is still crossing the line of the law.

"I want to make the distinction that you cannot authorize that which is illegal, legal," Ramsey said. "If that which is illegal is authorized as legal, you can expect to see every one of those city councilors in jail."

City Councilor Andy Holcombe said he believes the council is acting within the limits of the law.

Although he mentioned he is not a criminal attorney, Holcombe said his research of the case law regarding medical marijuana dispensaries does not demonstrate that the council would be acting criminally by allowing dispensaries within the city limits.

Holcombe said the action is a land-use decision, saying the council is not deciding whether a dispensary is legal or illegal, it is simply designating where they can exist.

"As a city councilor and attorney, I cannot think of any factual pattern or legal principle that would make the council criminally liable for passing a land-use ordinance," Holcombe said.


NewsHawk: User: 420 Magazine - Cannabis Culture News & Reviews
Source: orovillemr.com
Author: Toni Scott
Copyright: 2010 Oroville Mercury-Registe
Contact: Contact Us - Oroville Mercury Register
Website: DA says Chico city councilors could face jail over pot dispensaries - Oroville Mercury Register

 

[Warbux]

A single minded lawyer with blinders on,,,Way to go Ramsey!!! I'll elect him idiot of the year if theres a vote..

 

[Bonehead]

"I want to make the distinction that you cannot authorize that which is illegal, legal," Ramsey said. "If that which is illegal is authorized as legal, you can expect to see every one of those city councilors in jail."

So Mr Ramsey, are you going to bring charges against any council member in your jurisdiction that enact policy allowing medical marijuana? Are you the one that will be wasting tax payers money?

 

[Irish]

Ramsey is a Nazi, just like every other DA up here in the north state, though he is by far the worst. You couldn't pay me to live in Butte County.

Yet another donkey to vote out of office....

 

[Medifreddie]

Ca. - The Chico City Council's decision this week to begin drafting a zoning ordinance for medical marijuana dispensaries doesn't sit well with Butte County District Attorney Mike Ramsey.

Tuesday, the council gave direction to City Attorney Lori Barker to begin drafting an ordinance that would designate where medical marijuana dispensaries could be located in the city limits and what guidelines the operations would have to adhere to.

Thursday evening, Ramsey said on the surface, the council's action is within California's legal parameters.

"The City Council can zone for collectives or cooperatives if they so wish," Ramsey said. "It is certainly their prerogative to do so."

But Ramsey also noted storefront dispensaries are vastly different from collectives or cooperatives in the eyes of the law.

Although he said collectives and cooperatives are permissible by state law, Ramsey said selling or distributing marijuana is prohibited. It is his opinion as the county's top law enforcement official that storefront dispensaries are illegal.

Although the City Council would not be engaging in direct criminal action by allowing dispensaries, Ramsey said designating storefront dispensaries as legal entities is still crossing the line of the law.

"I want to make the distinction that you cannot authorize that which is illegal, legal," Ramsey said. "If that which is illegal is authorized as legal, you can expect to see every one of those city councilors in jail."

City Councilor Andy Holcombe said he believes the council is acting within the limits of the law.

Although he mentioned he is not a criminal attorney, Holcombe said his research of the case law regarding medical marijuana dispensaries does not demonstrate that the council would be acting criminally by allowing dispensaries within the city limits.

Holcombe said the action is a land-use decision, saying the council is not deciding whether a dispensary is legal or illegal, it is simply designating where they can exist.

"As a city councilor and attorney, I cannot think of any factual pattern or legal principle that would make the council criminally liable for passing a land-use ordinance," Holcombe said.


NewsHawk: User: 420 Magazine - Cannabis Culture News & Reviews
Source: orovillemr.com
Author: Toni Scott
Copyright: 2010 Oroville Mercury-Registe
Contact: Contact Us - Oroville Mercury Register
Website: DA says Chico city councilors could face jail over pot dispensaries - Oroville Mercury Register

IMO, in the long run, small minded, selfish and in-compassionate public servants like Mr Ramsey will fall by the way side. Left to themselves, their undoing will be of their own doing. Politically speaking, for him and those like him who do not feel the need to listen to the voice of the people and instead impose personal, self ego-driven ideology simply because they believe they have the power to do so, their time as come and is rapidly fading. In the political arena, being out of touch is not good. Combine that with foolish and outdated thinking and We The People will eventually show you the door. Eventually.

Mr Ramsey has been the County Attorney here in Butte County for over 20 years. 20 years. Some would say it's because he's done such a fine job but they would sadly be as out of touch with reality as is Mr Ramsey. The truth is, in spite of himself, he has been able to get by with such a lengthy tenure simply because,here in Butte County, there has never been a great demand for forward thinkers and great doers.

The MJ med movement is huge. Larger than the electronics boom that began in the Silicone Valley in the 70's. In these times, compassionate and realistic leadership has never been more crucial. The ability and or willingness to see the future is paramount. The MJ med movement lays bare the very essence of democracy and it's foundation. The citizens will be heard, their wishes obeyed and compassion will be given to their pain. Honor and courage among those who have been entrusted to represent the will of the people should not be negotiable.

Mr Ramsey, if your capacity to understand the MJ med movement leaves you wallowing in the 70's, step aside. If youre ego doesnt allow you to listen and learn, take a seat. And if youve lost the compassion for your fellow man, well, public office is the last place you should be or will be... MF

 

[trekie]

did not the same thing happen in L.A. were the City Attorney and D.A. tried to say the same thing and they were made to look like fools by the city council. When they said BS and voted for weak ordinance... this person needs a education into what is really going on in this world. He has showed us, it is time for this DA to retire so a man with more gut's can run for the DA office and help is fellow mankind... Either get into the Game or get the hell out.. ignorance is not excuse anymore...