Jacob Bell
New Member
LONG BEACH - Friday was deadline day for a number of Southland marijuana dispensaries served with cease-and- desist letters from the United States Attorney's Office earlier this month.
In Long Beach, however, it's not the feds that local medicinal marijuana cooperatives need to worry about, it's local authorities that could prove problematic, many warned.
In the first week of October, federal authorities cited marijuana dispensaries across California based on what authorities called blatant violations of drug trafficking laws for selling their product to other states and for operating profit-based drug dealing operations.
"It is important to note that for-profit, commercial marijuana operations are illegal not only under federal law, but also under California law," U.S. Attorney André Birotte Jr. said Oct. 7.
"While California law permits collective cultivation of marijuana in limited circumstances, it does not allow commercial distribution through the store-front model we see across California."
Action taken by federal authorities in Los Angeles and Orange County included:
A criminal indictment charging six people with marijuana trafficking that allegedly generated nearly $15 million in profits in only eight months;
The filing of civil forfeiture lawsuits against three properties and a related seizure of more than $135,000 from the bank account of one property owner; and warning letters sent to the operators and landlords of 38 marijuana stores.
No Long Beach collectives were included in the federal actions, according to the U.S. Attorney's Office.
Long Beach Lawyer Richard Brizendine represents a number of local marijuana collectives and is one of two attorneys appointed as the official counsel for the newly formed Long Beach Collective Association.
"I've told my clients ... that if they stick to state guidelines, it doesn't appear they will have a problem with federal (authorities)," Brizendine said.
The far bigger issue for Long Beach collectives, he and many others said, is the pending reversal of the city's marijuana collective permitting process triggered by a recent state appeals court ruling. The court invalidated Long Beach's position by affirming all marijuana collectives are engaging in acts illegal under U.S. law and therefore the city can't regulate them.
The Long Beach City Council acted in closed session Oct. 11 to take steps to fall in line with federal rule, directing City Attorney Robert Shannon to draft an ordinance repealing the existing permit law and to craft a new ordinance to ban all dispensaries within city limits.
That closed session meeting prompted the formation of the Long Beach Collectives Association, Brizendine said, which will appeal to City Hall to consider stricter guidelines in the city ordinance rather than a ban.
The association met for the first time last week and has yet to elect a board, though they did decide on the number of members, he said. They also chose Brizendine and fellow attorney Paul Violas as official counsel and are seeking nonprofit status, Brizendine said.
The group is awaiting clearance from the California Secretary of State before launching its website and posting meetings, he added.
At last week's meeting, however, half the city's collectives were represented and none had received federal notices, Brizendine said.
Several owners of local collectives confirmed to the Press-Telegram that they have yet to receive any notice or warning from the U.S. Attorney's Office or any other law enforcement agencies.
"It's Friday, and we're open," said one owner, who asked to be identified only by his first name, Steve.
"I haven't heard of anyone closing (in Long Beach) because they heard there will be raids ... or anything like that."
Carl Kemp, a spokesman for many medical marijuana collectives in the city, also noted none of his clients has received eviction notices.
"My hope is that as the law becomes clear and the law becomes settled, it will be easier for folks who need this treatment to receive it," Kemp said.
Kemp pointed to the California Medical Association's recent decision to recommend the legalization and regulation of cannabis, and he argued federal law is trailing behind the state.
"We understand the (court) decision does require some tweaking to the ordinance, and we understand that the council would like to see the legal process run its course," Kemp said. "Our only hope and request is that the City Council not outright ban the ordinance they took so much time to make."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: presstelegram.com
Author: Tracy Manzer and Eric Bradley
Contact: Contact Us
Copyright: Los Angeles Newspaper group
Website: Feds haven't targeted Long Beach pot providers
In Long Beach, however, it's not the feds that local medicinal marijuana cooperatives need to worry about, it's local authorities that could prove problematic, many warned.
In the first week of October, federal authorities cited marijuana dispensaries across California based on what authorities called blatant violations of drug trafficking laws for selling their product to other states and for operating profit-based drug dealing operations.
"It is important to note that for-profit, commercial marijuana operations are illegal not only under federal law, but also under California law," U.S. Attorney André Birotte Jr. said Oct. 7.
"While California law permits collective cultivation of marijuana in limited circumstances, it does not allow commercial distribution through the store-front model we see across California."
Action taken by federal authorities in Los Angeles and Orange County included:
A criminal indictment charging six people with marijuana trafficking that allegedly generated nearly $15 million in profits in only eight months;
The filing of civil forfeiture lawsuits against three properties and a related seizure of more than $135,000 from the bank account of one property owner; and warning letters sent to the operators and landlords of 38 marijuana stores.
No Long Beach collectives were included in the federal actions, according to the U.S. Attorney's Office.
Long Beach Lawyer Richard Brizendine represents a number of local marijuana collectives and is one of two attorneys appointed as the official counsel for the newly formed Long Beach Collective Association.
"I've told my clients ... that if they stick to state guidelines, it doesn't appear they will have a problem with federal (authorities)," Brizendine said.
The far bigger issue for Long Beach collectives, he and many others said, is the pending reversal of the city's marijuana collective permitting process triggered by a recent state appeals court ruling. The court invalidated Long Beach's position by affirming all marijuana collectives are engaging in acts illegal under U.S. law and therefore the city can't regulate them.
The Long Beach City Council acted in closed session Oct. 11 to take steps to fall in line with federal rule, directing City Attorney Robert Shannon to draft an ordinance repealing the existing permit law and to craft a new ordinance to ban all dispensaries within city limits.
That closed session meeting prompted the formation of the Long Beach Collectives Association, Brizendine said, which will appeal to City Hall to consider stricter guidelines in the city ordinance rather than a ban.
The association met for the first time last week and has yet to elect a board, though they did decide on the number of members, he said. They also chose Brizendine and fellow attorney Paul Violas as official counsel and are seeking nonprofit status, Brizendine said.
The group is awaiting clearance from the California Secretary of State before launching its website and posting meetings, he added.
At last week's meeting, however, half the city's collectives were represented and none had received federal notices, Brizendine said.
Several owners of local collectives confirmed to the Press-Telegram that they have yet to receive any notice or warning from the U.S. Attorney's Office or any other law enforcement agencies.
"It's Friday, and we're open," said one owner, who asked to be identified only by his first name, Steve.
"I haven't heard of anyone closing (in Long Beach) because they heard there will be raids ... or anything like that."
Carl Kemp, a spokesman for many medical marijuana collectives in the city, also noted none of his clients has received eviction notices.
"My hope is that as the law becomes clear and the law becomes settled, it will be easier for folks who need this treatment to receive it," Kemp said.
Kemp pointed to the California Medical Association's recent decision to recommend the legalization and regulation of cannabis, and he argued federal law is trailing behind the state.
"We understand the (court) decision does require some tweaking to the ordinance, and we understand that the council would like to see the legal process run its course," Kemp said. "Our only hope and request is that the City Council not outright ban the ordinance they took so much time to make."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: presstelegram.com
Author: Tracy Manzer and Eric Bradley
Contact: Contact Us
Copyright: Los Angeles Newspaper group
Website: Feds haven't targeted Long Beach pot providers
