Jacob Bell
New Member
LAKE FOREST — Eight owners of medical-marijuana dispensaries have been given three days to shut down, according to a legal document from their landlord.
In a Three Day Notice to Abate sent to their attorney on Wednesday, landlord Youssef Ibrahim's attorney writes: "Three days after the date of service of copy of this notice upon you, unless you cease and desist from any and all sales, distribution, cultivation, or possession of marijuana at said premises. You will be required to quit and deliver up possession of the premises 24602 Raymond Way."
The dispensaries, which include the Lake Forest Patients Group at #201, Pharmers' Choice at #202, Cannabis Permanente at #203, Evergreen Holistic at #206, Cooperative 207 at #207, Florentina Organic at #208, Independent Collective of Orange County at #209 and The Health Collective at #210, were targeted on Friday by the U.S. attorney general after efforts by the city of Lake Forest to remove them continued to get tied up in legal battles.
Andre Birotte, the U.S. attorney for the Central District of California, said his office targeted the Lake Forest dispensaries because the city had spent nearly $600,000 in legal fees to remove the dispensaries, which they contend violate their zoning ordinance.
On Thursday, federal prosecutors in the Central District of California filed a forfeiture action against the eight storefronts in the two-story strip mall, alleging that eight of 11 suites on the second floor are occupied by marijuana stores. The property is across the street from a school that serves pre-schoolers and kindergarten students.
Authorities on Wednesday seized $136,686 from the bank account of the building's owner Ibrahim.
Garfield Logan, Ibrahim's attorney, said his client found out about his account being frozen after reading an article at ocregister.com.
"It seems a little heavyhanded they'd extract money out of his account," Logan said. "And we're surprised the first notice was in the newspaper."
The attorneys repeated several times that their targets are large-scale operations, but would not make any guarantees that sick people will continue to get marijuana or that pot dispensaries not receiving warning letters are off the hook. Despite state laws allowing the use of marijuana for medical purposes, federal law has a blanket prohibition on marijuana, making it illegal for all uses.
The federal crackdown is focused on commercial growers, retail stores and mobile delivery services. Birotte said he used the term "commercial marijuana business" because that is what has developed in California after Proposition 215.
Approved by California voters in 1996, Prop. 215 legalized the use of marijuana to treat pain and other medical issues through nonprofit distribution of the drug. The U.S. attorneys maintain that overtly commercial marijuana enterprises have instead proliferated, producing millions of dollars in profits for people who have no role in helping the sick or infirm.
"The federal government's bully tactics seem to be working," said Vincent Howard, who represents the Lake Forest Wellness Center & Collective. "They are forcing the reluctant property owners to do the illegal job of the city and get rid of legal patient organizations in Lake Forest. These tactics will not deter my clients in their ongoing lawsuit against the city."
Attorney Damian Nassiri, who led the battle against the city of Lake Forest for the dispensaries, said the dispensary owners might have a way out of the three-day abatement order.
"We may fight the unlawful detainer and still keep the lease," he said. "We're not in breach of the lease, we've paid the rent, the landlord knows what the use is, and we're operating in compliance of state law. The federal government has not sent letters to the dispensaries to close down."
Earlier this week, Nassiri, Howard and at least 10 other attorneys representing hundreds of medical-marijuana dispensaries in California met in Costa Mesa on Monday to rebut the federal government's planned crackdown.
Nassiri said the effort by attorneys was meant to ensure that the federal government not be able to take away the rights of citizens to receive medical cannabis.
Strategies discussed include demonstrations in Los Angeles and Riverside counties with patients calling for their rights to medical marijuana. Nassiri said those protests are planned for Oct. 24.
Ultimately, more than 100,000 patients are expected to rally at the mall in Washington, D.C., he said.
In addition, the attorneys will pursue a legal theory known as judicial estoppel, whereby they will argue that the federal government has retracted its position from the 2009 Augden Memo, which stated that federal resources should not be used to prosecute those in "clear and unambiguous" compliance with state medical-marijuana laws.
Nassiri said going up against the federal government will be an uphill battle.
"It's tough because it still remains illegal under federal law," Nassiri said. "They can rule it illegal under the federal Controlled Substances Act."
The attorneys have also advised their clients to make sure they are vigilant in serving only those with legitimate medical-marijuana cards, are at least 1,000 feet away from schools and make sure that state law is followed closely.
They will also suggest that dispensary owners consider not serving patients under the age of 21, addressing a federal law that says drugs and alcohol cannot be given to minors, Nassiri added.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: ocregister.com
Author: Erika I. Ritchie
Contact: Contact Us
Copyright: Orange County Register Communications
Website: Lake Forest pot shops given 3 days to shut down
In a Three Day Notice to Abate sent to their attorney on Wednesday, landlord Youssef Ibrahim's attorney writes: "Three days after the date of service of copy of this notice upon you, unless you cease and desist from any and all sales, distribution, cultivation, or possession of marijuana at said premises. You will be required to quit and deliver up possession of the premises 24602 Raymond Way."
The dispensaries, which include the Lake Forest Patients Group at #201, Pharmers' Choice at #202, Cannabis Permanente at #203, Evergreen Holistic at #206, Cooperative 207 at #207, Florentina Organic at #208, Independent Collective of Orange County at #209 and The Health Collective at #210, were targeted on Friday by the U.S. attorney general after efforts by the city of Lake Forest to remove them continued to get tied up in legal battles.
Andre Birotte, the U.S. attorney for the Central District of California, said his office targeted the Lake Forest dispensaries because the city had spent nearly $600,000 in legal fees to remove the dispensaries, which they contend violate their zoning ordinance.
On Thursday, federal prosecutors in the Central District of California filed a forfeiture action against the eight storefronts in the two-story strip mall, alleging that eight of 11 suites on the second floor are occupied by marijuana stores. The property is across the street from a school that serves pre-schoolers and kindergarten students.
Authorities on Wednesday seized $136,686 from the bank account of the building's owner Ibrahim.
Garfield Logan, Ibrahim's attorney, said his client found out about his account being frozen after reading an article at ocregister.com.
"It seems a little heavyhanded they'd extract money out of his account," Logan said. "And we're surprised the first notice was in the newspaper."
The attorneys repeated several times that their targets are large-scale operations, but would not make any guarantees that sick people will continue to get marijuana or that pot dispensaries not receiving warning letters are off the hook. Despite state laws allowing the use of marijuana for medical purposes, federal law has a blanket prohibition on marijuana, making it illegal for all uses.
The federal crackdown is focused on commercial growers, retail stores and mobile delivery services. Birotte said he used the term "commercial marijuana business" because that is what has developed in California after Proposition 215.
Approved by California voters in 1996, Prop. 215 legalized the use of marijuana to treat pain and other medical issues through nonprofit distribution of the drug. The U.S. attorneys maintain that overtly commercial marijuana enterprises have instead proliferated, producing millions of dollars in profits for people who have no role in helping the sick or infirm.
"The federal government's bully tactics seem to be working," said Vincent Howard, who represents the Lake Forest Wellness Center & Collective. "They are forcing the reluctant property owners to do the illegal job of the city and get rid of legal patient organizations in Lake Forest. These tactics will not deter my clients in their ongoing lawsuit against the city."
Attorney Damian Nassiri, who led the battle against the city of Lake Forest for the dispensaries, said the dispensary owners might have a way out of the three-day abatement order.
"We may fight the unlawful detainer and still keep the lease," he said. "We're not in breach of the lease, we've paid the rent, the landlord knows what the use is, and we're operating in compliance of state law. The federal government has not sent letters to the dispensaries to close down."
Earlier this week, Nassiri, Howard and at least 10 other attorneys representing hundreds of medical-marijuana dispensaries in California met in Costa Mesa on Monday to rebut the federal government's planned crackdown.
Nassiri said the effort by attorneys was meant to ensure that the federal government not be able to take away the rights of citizens to receive medical cannabis.
Strategies discussed include demonstrations in Los Angeles and Riverside counties with patients calling for their rights to medical marijuana. Nassiri said those protests are planned for Oct. 24.
Ultimately, more than 100,000 patients are expected to rally at the mall in Washington, D.C., he said.
In addition, the attorneys will pursue a legal theory known as judicial estoppel, whereby they will argue that the federal government has retracted its position from the 2009 Augden Memo, which stated that federal resources should not be used to prosecute those in "clear and unambiguous" compliance with state medical-marijuana laws.
Nassiri said going up against the federal government will be an uphill battle.
"It's tough because it still remains illegal under federal law," Nassiri said. "They can rule it illegal under the federal Controlled Substances Act."
The attorneys have also advised their clients to make sure they are vigilant in serving only those with legitimate medical-marijuana cards, are at least 1,000 feet away from schools and make sure that state law is followed closely.
They will also suggest that dispensary owners consider not serving patients under the age of 21, addressing a federal law that says drugs and alcohol cannot be given to minors, Nassiri added.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: ocregister.com
Author: Erika I. Ritchie
Contact: Contact Us
Copyright: Orange County Register Communications
Website: Lake Forest pot shops given 3 days to shut down
