Though city officials say dispensaries are in violation of city codes, and some collectives may not be following state standards regulating medical marijuana, local law enforcement finds itself limited in what it can do, officials said.
"It's not that we have a hands-off approach, it's just that the state in some ways has tied our hands," said Lt. Don Barnes, chief of police services for the city of Lake Forest. "There's not a lot we can do."
When it comes to medical marijuana dispensaries, local law enforcement agencies have found themselves walking a tight rope of contradicting federal and state laws, as well as local ordinances adopted by cities to either prohibit or limit the use of dispensaries.
Under the Federal Controlled Substances Act, marijuana use and sales remain illegal, but California's Compassionate Use Act in 1996 allowed the medical use of marijuana in the state. While medical marijuana collectives were established under state law, some of them were raided by the Drug Enforcement Agency. Those raids appear to have been significantly reduced since March, when U.S. Attorney General Eric H. Holder Jr. said state dispensaries operating under state laws would not be prosecuted.
And although state law allows the use and sale of medical marijuana, several cities have adopted moratoriums banning dispensaries. Other cities, like Lake Forest, passed ordinances prohibiting business that do not adhere to both federal and state laws — in effect prohibiting the dispensaries.
But despite conflicting rules, at least 10 marijuana dispensaries have set up shop in Lake Forest, most of them in the last few months, officials said.
City officials said they have sent letters to several of the dispensaries and property owners informing those dispensaries they are not allowed under city codes and ordinances, yet they have continued to operate.
Under state law, dispensaries are allowed to operate under standards set by the state's attorney general in August 2008.
"The state voters passed the initiative that allowed them to operate," Barnes said. "There's only so much we can do."
"The passage of the initiative significantly limits the actions law enforcement can take," he said.
And although some of dispensaries located in Lake Forest may not be acting in accordance with state regulations, making sure they do does not necessarily fall under law enforcement's jurisdiction, Barnes said.
Of 10 dispensaries that were reviewed, four could not be verified as holding a sellers permit from the State Board of Equalization — one of the guidelines set by the state attorney general.
Finding whether or not businesses hold a seller's permit would fall under the jurisdiction of the State Board of Equalization, and if they don't pay their taxes is an IRS issue.
"We can make them aware of it, but it's not something we can enforce," Barnes said.
That does not mean that deputies do not respond to criminal issues somehow connected to the dispensaries.
On Aug. 11, two dispensaries were broken into in the early morning . One of the dispensaries involved was not cooperative with investigators in the case, Barnes said, a similar occurrence with crimes related to some dispensaries in the city.
"We've also had reports of people using marijuana near dispensaries," Barnes said.
Scott Smith, attorney for the city of Lake Forest, said the city is trying to develop a strategy to shut down dispensaries in the city, but said he could not discuss details.
While most of the dispensaries have sprouted in the last few months, some have been operating for at least two years.
Barnes said he could say whether sheriff officials were, or were not, investigating any of the current dispensaries in the city.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Orange County Register
Author: SALVADOR HERNANDEZ
Contact: The Orange County Register
Copyright: 2009 Orange County Register Communications
Website: Police Say Hands Are Tied When It Comes To Marijuana Shops
"It's not that we have a hands-off approach, it's just that the state in some ways has tied our hands," said Lt. Don Barnes, chief of police services for the city of Lake Forest. "There's not a lot we can do."
When it comes to medical marijuana dispensaries, local law enforcement agencies have found themselves walking a tight rope of contradicting federal and state laws, as well as local ordinances adopted by cities to either prohibit or limit the use of dispensaries.
Under the Federal Controlled Substances Act, marijuana use and sales remain illegal, but California's Compassionate Use Act in 1996 allowed the medical use of marijuana in the state. While medical marijuana collectives were established under state law, some of them were raided by the Drug Enforcement Agency. Those raids appear to have been significantly reduced since March, when U.S. Attorney General Eric H. Holder Jr. said state dispensaries operating under state laws would not be prosecuted.
And although state law allows the use and sale of medical marijuana, several cities have adopted moratoriums banning dispensaries. Other cities, like Lake Forest, passed ordinances prohibiting business that do not adhere to both federal and state laws — in effect prohibiting the dispensaries.
But despite conflicting rules, at least 10 marijuana dispensaries have set up shop in Lake Forest, most of them in the last few months, officials said.
City officials said they have sent letters to several of the dispensaries and property owners informing those dispensaries they are not allowed under city codes and ordinances, yet they have continued to operate.
Under state law, dispensaries are allowed to operate under standards set by the state's attorney general in August 2008.
"The state voters passed the initiative that allowed them to operate," Barnes said. "There's only so much we can do."
"The passage of the initiative significantly limits the actions law enforcement can take," he said.
And although some of dispensaries located in Lake Forest may not be acting in accordance with state regulations, making sure they do does not necessarily fall under law enforcement's jurisdiction, Barnes said.
Of 10 dispensaries that were reviewed, four could not be verified as holding a sellers permit from the State Board of Equalization — one of the guidelines set by the state attorney general.
Finding whether or not businesses hold a seller's permit would fall under the jurisdiction of the State Board of Equalization, and if they don't pay their taxes is an IRS issue.
"We can make them aware of it, but it's not something we can enforce," Barnes said.
That does not mean that deputies do not respond to criminal issues somehow connected to the dispensaries.
On Aug. 11, two dispensaries were broken into in the early morning . One of the dispensaries involved was not cooperative with investigators in the case, Barnes said, a similar occurrence with crimes related to some dispensaries in the city.
"We've also had reports of people using marijuana near dispensaries," Barnes said.
Scott Smith, attorney for the city of Lake Forest, said the city is trying to develop a strategy to shut down dispensaries in the city, but said he could not discuss details.
While most of the dispensaries have sprouted in the last few months, some have been operating for at least two years.
Barnes said he could say whether sheriff officials were, or were not, investigating any of the current dispensaries in the city.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Orange County Register
Author: SALVADOR HERNANDEZ
Contact: The Orange County Register
Copyright: 2009 Orange County Register Communications
Website: Police Say Hands Are Tied When It Comes To Marijuana Shops
