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The proliferation of street corner medical marijuana dispensaries throughout California has, for the most part, come to a screeching halt now that the California Supreme Court has upheld lower court rulings authorizing cities and counties to use zoning laws to ban the otherwise legal distribution of medicinal marijuana to certified medical marijuana patients.
Rather than face legal action, which could include asset and property seizure, many, if not most of state's "brick and mortar" dispensaries have closed their doors since the May 6 high court ruling. Over 200 municipalities throughout California, including the city of San Bernardino, have enacted outright bans on medical marijuana dispensaries.
San Bernardino wasted no time in aggressively enforcing its ban and on May 7 ordered all 33 dispensaries operating in the city closed. At least two that ignored the city's order were raided and assets seized on May 9. Likewise, San Bernardino County Code Enforcement officials immediately began sending out cease-and-desist orders to dispensaries operating within areas under jurisdiction of the county's Land Use Services Department. The outright ban on free-standing medical marijuana dispensaries statewide has resulted in the emergence of a new cottage industry throughout the "Golden State" — mobile, medical marijuana delivery service. According to the Riverside-based Cannabis Law Group, many patients are setting up non-profit, mobile medical marijuana collectives — authorized under state law — in order to provide patients with safe, affordable, medical marijuana.
According to the Cannabis Law Group, the California Attorney General's Guidelines on Medical Marijuana allow collectives to be established as non-profit, mutual benefit corporations. The law group also points out that California Health and Safety Code Section 11362.768(e) states dispensaries, whether free-standing or mobile delivery outlets, can legally operate as long as they are not within 600 feet of a school.
The operator of one such incorporated, non-profit, mobile delivery service, Melissa Watson, president of operations for the now-closed Woodland Healing Center in Crestline, recently told The Alpenhorn News she didn't wait for county officials to close the 450-member cooperative's storefront building on Crest Forest Drive. "We didn't want to jeopardize our members, so we closed the doors. Our lawyer advised us that the law does not apply to vehicles."
Seeming to concur with Watson, county spokesman David Wert told The Alpenhorn News on May 20, "The county ordinance applies to a physical location; the use of land, not the use of roads or vehicles used for delivery." "However," continued Wert, "the Sheriff's Department may have issues with delivery."
For clarification on delivery issues, The Alpenhorn News on May 21 turned to Captain Rick Ells, commander of the Twin Peaks Sheriff's Station. According to Ells, the transportation of controlled substances for profit is illegal in California. However, according to provisions of the Attorney General's Guidelines on Medical Marijuana and H&S Code Section 11362.768(e), non-profit, mobile delivery cooperatives, if in fact they are not operating for profit, are exempt from prosecution.
Also facing closure by county officials is Sky High Meds in Big Bear City. Sky High spokesman Jared told The Alpenhorn News Monday the dispensary would be shutting down on Thursday, one day before the county's May 31 deadline. Sky High, which had been operating legally for the past year-and-a-half under provisions of California's Compassionate Use Act (Prop 215, approved by voters in 1996) and Senate Bill 420 (signed into law by Gov. Gray Davis in 2003) will, like hundreds of other recently closed dispensaries throughout California, continue its mobile delivery service.
Jared figures his 100 to 200-patient clientele will sign-up for delivery. "Otherwise, they will be forced to break the law by going to a drug dealer's house and paying a higher price for marijuana that may have mold or other impurities on it, like the DDT often found on marijuana from Mexico."
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: alpenhornnews.com
Author: Douglas W. Motley
Contact: The Alpenhorn News
Website: Medical marijuana going mobile
Rather than face legal action, which could include asset and property seizure, many, if not most of state's "brick and mortar" dispensaries have closed their doors since the May 6 high court ruling. Over 200 municipalities throughout California, including the city of San Bernardino, have enacted outright bans on medical marijuana dispensaries.
San Bernardino wasted no time in aggressively enforcing its ban and on May 7 ordered all 33 dispensaries operating in the city closed. At least two that ignored the city's order were raided and assets seized on May 9. Likewise, San Bernardino County Code Enforcement officials immediately began sending out cease-and-desist orders to dispensaries operating within areas under jurisdiction of the county's Land Use Services Department. The outright ban on free-standing medical marijuana dispensaries statewide has resulted in the emergence of a new cottage industry throughout the "Golden State" — mobile, medical marijuana delivery service. According to the Riverside-based Cannabis Law Group, many patients are setting up non-profit, mobile medical marijuana collectives — authorized under state law — in order to provide patients with safe, affordable, medical marijuana.
According to the Cannabis Law Group, the California Attorney General's Guidelines on Medical Marijuana allow collectives to be established as non-profit, mutual benefit corporations. The law group also points out that California Health and Safety Code Section 11362.768(e) states dispensaries, whether free-standing or mobile delivery outlets, can legally operate as long as they are not within 600 feet of a school.
The operator of one such incorporated, non-profit, mobile delivery service, Melissa Watson, president of operations for the now-closed Woodland Healing Center in Crestline, recently told The Alpenhorn News she didn't wait for county officials to close the 450-member cooperative's storefront building on Crest Forest Drive. "We didn't want to jeopardize our members, so we closed the doors. Our lawyer advised us that the law does not apply to vehicles."
Seeming to concur with Watson, county spokesman David Wert told The Alpenhorn News on May 20, "The county ordinance applies to a physical location; the use of land, not the use of roads or vehicles used for delivery." "However," continued Wert, "the Sheriff's Department may have issues with delivery."
For clarification on delivery issues, The Alpenhorn News on May 21 turned to Captain Rick Ells, commander of the Twin Peaks Sheriff's Station. According to Ells, the transportation of controlled substances for profit is illegal in California. However, according to provisions of the Attorney General's Guidelines on Medical Marijuana and H&S Code Section 11362.768(e), non-profit, mobile delivery cooperatives, if in fact they are not operating for profit, are exempt from prosecution.
Also facing closure by county officials is Sky High Meds in Big Bear City. Sky High spokesman Jared told The Alpenhorn News Monday the dispensary would be shutting down on Thursday, one day before the county's May 31 deadline. Sky High, which had been operating legally for the past year-and-a-half under provisions of California's Compassionate Use Act (Prop 215, approved by voters in 1996) and Senate Bill 420 (signed into law by Gov. Gray Davis in 2003) will, like hundreds of other recently closed dispensaries throughout California, continue its mobile delivery service.
Jared figures his 100 to 200-patient clientele will sign-up for delivery. "Otherwise, they will be forced to break the law by going to a drug dealer's house and paying a higher price for marijuana that may have mold or other impurities on it, like the DDT often found on marijuana from Mexico."
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: alpenhornnews.com
Author: Douglas W. Motley
Contact: The Alpenhorn News
Website: Medical marijuana going mobile
