If ever two Web sites captured the essence of California's medical marijuana wars, it would seem to be those of two attorneys battling over the pot dispensaries in Lake Forest.
One site has rotating pictures of lush marijuana plants, a pile of weed with rolling papers and a pot plant with a prescription bottle.
Its Web address? TheMarijuanaLawyer.com.
The other has rotating videos of farm fields, energy windmills and a classroom behind cutouts of the letters BB&K, the initials of the law firm, Best, Best and Krieger.
BB&K — "established in 1891" — boasts eight offices, 134 staffers, 31 paralegals and 170 attorneys.
TheMarijuanaLawyer has one office, two lawyers and an administrative assistant.
Guess which of these opposing attorneys belongs to which firm:
Chris Glew: Kent State University undergrad, Whittier Law School, based in Santa Ana, member the NORML Legal Committee. Hint: NORML stands for the National Organization to Reform Marijuana Laws.
Jeffrey Dunn: Brigham Young University undergrad, Brigham Young University law school, member of various bar associations, based in Irvine.
High school students might dub these dueling lawyers "Stoner vs. Straight."
But they would be wrong.
You see, when it comes to the legal wars waged over medical marijuana, nothing is simple.
It's a hazy battleground filled with vague and contradictory laws, misperceptions and conflicting personal values.
---
Take Jeff Dunn. Contrary to what you might think, he is not a moral crusader determined to pluck every joint, bong and vaporizer from every patient's hands. Rather, Dunn is a longtime expert in a wide range of complex municipal issues including land use, finance and water rights.
And he is a man of nuance.
"Where there are seriously ill individuals who need that medicine, marijuana should be treated no differently than any other medication — from a pharmacy with a doctor's prescription," Dunn told me, making it clear he was stating his personal opinion.
But from a professional point of view, it's a different story. And the crux is federal law.
Regardless of state or local laws, possession of cannabis remains a federal crime. In fact, the Controlled Substance Act of 1970 classifies weed as a "Schedule One" substance — the same as ******.
That's just dumb.
But, dumb or not, federal law sets cities such as Lake Forest on a specific legal path, Dunn explained. Put simply, cities issue business licenses to ensure that a variety of codes are met, including zoning regulations.
"How can cities regulate something that they know to be illegal?" Dunn asked. "This is the fundamental problem. Federal law trumps state law."
Dunn views his calling as "a city attorney" and adds, "I don't make policies. I don't come into these cases with an agenda."
And that is where Glew and Dunn part ways.
Glew grew up in Ohio and discovered marijuana when he was 15.
"I wasn't a regular marijuana user," Glew explained, chuckling softly at the memory. "I found it to made me relaxed, hungry and laugh."
And Glew realized something else. He discovered a relatively harmless drug regulated by what he called "draconian" laws. "It was an obvious wrong in society."
As the years went by, Glew began to see himself as a criminal defense attorney, charged with "seeking truth and justice." And he became that very thing.
So how did a criminal defense attorney get swept into battle with a governmental attorney?
It started with defending people busted for pot. Then, one thing led to another.
In 1996, California voters approved Proposition 215, the Compassionate Use Act, allowing for medical marijuana. But the state law was vague. Arrests continued. Pot shops were on the down low.
Then there was a clarification law allowing for marijuana "collectives." Another vague law. Not much action.
But in 2008 state Attorney General Jerry Brown issued an 11-page report attempting to clarify what was and wasn't OK. Next, President Obama told the Drug Enforcement Administration to cool it in states with laws allowing medical marijuana dispensaries.
After that, medicinal marijuana dispensaries started sprouting like weeds after a rainstorm.
How many in Orange County? I lost count this week after 70 on weedmaps.com.
Grew found he had a new type of client — marijuana entrepreneurs.
Along with Glew's battles in Lake Forest, he represents clients in Anaheim, Westminster and Costa Mesa.
"What's going on is ridiculous, preposterous," Glew said. He questioned why it's OK for someone to have a powerful drug such as Vicodin, but not marijuana.
I'll add that the feds classify Vicodin as a "Schedule III" drug, despite a Food and Drug Administration advisory to take it off the market because of "a high likelihood" of overdose.
What happens when you o.d. on marijuana?
To quote Bill Maher, iconoclast comedian, "You eat a lot and fall asleep."
---
Like Glew, Dunn found himself facing a new area of law several years ago. In 2008, he successfully represented Corona in its bid to uphold a moratorium on dispensaries. In 2009, he represented Claremont in a case over that city's ability to regulate dispensaries.
Yet through all the legal smoke, Dunn and Glew remain respectful.
"I think, quite realistically, that everybody wants the same thing," Glew said.
"When someone is literally dying of cancer, nobody's going to refute that they should have safe access."
At the same time, Dunn tips his hat to Glew, saying after a recent court hearing, "I thought Chris did a terrific job."
Their congeniality is a good thing. With an initiative to legalize marijuana recently qualifying for the November ballot, it's a safe bet they'll be seeing a lot more of each other.
We might even call them best buds.
NewsHawk: Ganjarden: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Orange County Register
Author: DAVID WHITING
Contact: Orange County Register
Copyright: 2010 Orange County Register Communications
Website: Dueling attorneys personify pot wars
One site has rotating pictures of lush marijuana plants, a pile of weed with rolling papers and a pot plant with a prescription bottle.
Its Web address? TheMarijuanaLawyer.com.
The other has rotating videos of farm fields, energy windmills and a classroom behind cutouts of the letters BB&K, the initials of the law firm, Best, Best and Krieger.
BB&K — "established in 1891" — boasts eight offices, 134 staffers, 31 paralegals and 170 attorneys.
TheMarijuanaLawyer has one office, two lawyers and an administrative assistant.
Guess which of these opposing attorneys belongs to which firm:
Chris Glew: Kent State University undergrad, Whittier Law School, based in Santa Ana, member the NORML Legal Committee. Hint: NORML stands for the National Organization to Reform Marijuana Laws.
Jeffrey Dunn: Brigham Young University undergrad, Brigham Young University law school, member of various bar associations, based in Irvine.
High school students might dub these dueling lawyers "Stoner vs. Straight."
But they would be wrong.
You see, when it comes to the legal wars waged over medical marijuana, nothing is simple.
It's a hazy battleground filled with vague and contradictory laws, misperceptions and conflicting personal values.
---
Take Jeff Dunn. Contrary to what you might think, he is not a moral crusader determined to pluck every joint, bong and vaporizer from every patient's hands. Rather, Dunn is a longtime expert in a wide range of complex municipal issues including land use, finance and water rights.
And he is a man of nuance.
"Where there are seriously ill individuals who need that medicine, marijuana should be treated no differently than any other medication — from a pharmacy with a doctor's prescription," Dunn told me, making it clear he was stating his personal opinion.
But from a professional point of view, it's a different story. And the crux is federal law.
Regardless of state or local laws, possession of cannabis remains a federal crime. In fact, the Controlled Substance Act of 1970 classifies weed as a "Schedule One" substance — the same as ******.
That's just dumb.
But, dumb or not, federal law sets cities such as Lake Forest on a specific legal path, Dunn explained. Put simply, cities issue business licenses to ensure that a variety of codes are met, including zoning regulations.
"How can cities regulate something that they know to be illegal?" Dunn asked. "This is the fundamental problem. Federal law trumps state law."
Dunn views his calling as "a city attorney" and adds, "I don't make policies. I don't come into these cases with an agenda."
And that is where Glew and Dunn part ways.
Glew grew up in Ohio and discovered marijuana when he was 15.
"I wasn't a regular marijuana user," Glew explained, chuckling softly at the memory. "I found it to made me relaxed, hungry and laugh."
And Glew realized something else. He discovered a relatively harmless drug regulated by what he called "draconian" laws. "It was an obvious wrong in society."
As the years went by, Glew began to see himself as a criminal defense attorney, charged with "seeking truth and justice." And he became that very thing.
So how did a criminal defense attorney get swept into battle with a governmental attorney?
It started with defending people busted for pot. Then, one thing led to another.
In 1996, California voters approved Proposition 215, the Compassionate Use Act, allowing for medical marijuana. But the state law was vague. Arrests continued. Pot shops were on the down low.
Then there was a clarification law allowing for marijuana "collectives." Another vague law. Not much action.
But in 2008 state Attorney General Jerry Brown issued an 11-page report attempting to clarify what was and wasn't OK. Next, President Obama told the Drug Enforcement Administration to cool it in states with laws allowing medical marijuana dispensaries.
After that, medicinal marijuana dispensaries started sprouting like weeds after a rainstorm.
How many in Orange County? I lost count this week after 70 on weedmaps.com.
Grew found he had a new type of client — marijuana entrepreneurs.
Along with Glew's battles in Lake Forest, he represents clients in Anaheim, Westminster and Costa Mesa.
"What's going on is ridiculous, preposterous," Glew said. He questioned why it's OK for someone to have a powerful drug such as Vicodin, but not marijuana.
I'll add that the feds classify Vicodin as a "Schedule III" drug, despite a Food and Drug Administration advisory to take it off the market because of "a high likelihood" of overdose.
What happens when you o.d. on marijuana?
To quote Bill Maher, iconoclast comedian, "You eat a lot and fall asleep."
---
Like Glew, Dunn found himself facing a new area of law several years ago. In 2008, he successfully represented Corona in its bid to uphold a moratorium on dispensaries. In 2009, he represented Claremont in a case over that city's ability to regulate dispensaries.
Yet through all the legal smoke, Dunn and Glew remain respectful.
"I think, quite realistically, that everybody wants the same thing," Glew said.
"When someone is literally dying of cancer, nobody's going to refute that they should have safe access."
At the same time, Dunn tips his hat to Glew, saying after a recent court hearing, "I thought Chris did a terrific job."
Their congeniality is a good thing. With an initiative to legalize marijuana recently qualifying for the November ballot, it's a safe bet they'll be seeing a lot more of each other.
We might even call them best buds.
NewsHawk: Ganjarden: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Orange County Register
Author: DAVID WHITING
Contact: Orange County Register
Copyright: 2010 Orange County Register Communications
Website: Dueling attorneys personify pot wars
