Fresno County Gives Medical Marijuana Dispensaries 6 Months To Close

[PankFlamingoMon]

I'm curious if Colorado will ever lift the moratorium on obtaining a new license. I wouldn't be surprised if they don't for years. The Green Rush ladies and gentlemen. Let the fun begin. Passing Go used to be so easy haha.

 

[otto]

seems to be the trend

 

[Zonkerly]

The cop had a card and had a caregiver for themselfs,went inside and sign up and bought some meds.Then cameback and arrested them for selling it to them for not being the primary caregiver.:sign0065: So if you have a caregiver you cant buy from the store's or was the person who sold it to them was not a legal bud tender??

 

[caregiverken]

Zonkerly; I don't get it either

 

[Seamaiden]

The cop had a card and had a caregiver for themselfs,went inside and sign up and bought some meds.Then cameback and arrested them for selling it to them for not being the primary caregiver.:sign0065: So if you have a caregiver you cant buy from the store's or was the person who sold it to them was not a legal bud tender??

In California I don't know of any definition of a "legal" bud-tender. This had to have had something to do with the card or caregiving status itself, our courts have made it crystal clear how they define caregiver and it's pretty stringent.

However, that doesn't mean that the police actually know the law.

 

[Zonkerly]

When I said "legal bud tender" I meant someone who actually was working there at the store selling the meds legally,not any actually rule or laws.Cant just have anyone selling meds inside the shops like a regular store.If the wrong person handle' the meds then they can be shut down for it.

 

[Seamaiden]

My county doesn't allow anything like a storefront, coop, collective, so I've never looked into those laws. How does it work? I mean, is it more stringent than, say, working as a cocktail waitress, or... like working a liquor store that sells hard alcohol? Or do they need to be bonded, insured? Background checks?

Or am I misunderstanding you entirely? :o

 

[fractal]

So cannabis is not an agricultural product, that's a new one. Pretty creative interpretation of what "agriculture" means I was sure it meant "plants." I bet that grapes for wine and hops for beer are grown on "agricultural" zoned land.

 

[Zonkerly]

Or am I misunderstanding you entirely? :o I just meant the wrong person sold it to the cop. I think yes to all above questions plus they must have a card themselfs,bonded?dont think so!!

 

[Surfr]

So cannabis is not an agricultural product, that's a new one. Pretty creative interpretation of what "agriculture" means I was sure it meant "plants." I bet that grapes for wine and hops for beer are grown on "agricultural" zoned land.

The government will never see it as an agriculture crop.. They see it as medication. Medication doesn't grow in ag areas to them..

 

[Surfr]

Or am I misunderstanding you entirely? :o I just meant the wrong person sold it to the cop. I think yes to all above questions plus they must have a card themselfs,bonded?dont think so!!

What she is saying is bud tenders aren't legal no matter what... They are considered drug dealers to the police.

 

[Zonkerly]

What she is saying is bud tenders aren't legal no matter what... They are considered drug dealers to the police.

Got that,I wasnt the confuss one!!

 

[Seamaiden]

What she is saying is bud tenders aren't legal no matter what... They are considered drug dealers to the police.

Well, no, I'm really asking. I've never read any requirements in the state law about who can actually sell cannabis in a storefront. I just assumed 18yo+ and no criminal record, stuff the actual employer would be concerned with. Knowing that 215 doesn't expressly make legal any dispensing, etcetera, and the court decision that made the definition of caregiver so restrictive, I suppose I can see how that becomes the case (tenders being equivalent to dealers).

 

[Aligee]

Pot Collectives Fight Back Vs. County Ordinance
Wednesday, August 24, 2011

FRESNO, Calif. (KFSN) -- Medical marijuana collectives fired off the first shots Wednesday in response to the new Fresno County ordinance that severely restricts their operation.

If the county ordinance takes effect, every medical marijuana collective in the county will look like the former home of Buds for Life -- shut down. Collective leaders call it a "de facto ban" and they've come together to get it overturned.

It's not easy to gain access to the Mind, Body, and Soul collective in this Malaga industrial complex. Employees lock the door behind every patient who walks in, and they try to maintain a good relationship with the neighbors.

"The other businesses in the same building, they all know us by name," said collective leader Shannon Luce. "They love us there. It gets more people to their businesses."

But Fresno County supervisors have essentially voted them out of business by March 1st. The new county ordinance restricts collectives to the point that they will all have to close. It also makes it extremely difficult for patients to grow their own medical marijuana.

"I'm not allowed to grow even one plant in my own home or in my backyard and this is just totally in conflict with state law," said attorney Brenda Linder.

But now, medical marijuana advocates are hoping to give supervisors a taste of their own medicine. They've launched a political action committee and a petition drive that could force a special election on a new ordinance -- one they're drawing up themselves.

"I'm sure it won't be palatable to all the board members, but it will protect patient rights and it will provide safe, affordable access as the state law directs," Linder said.

The medical marijuana community's ordinance would restrict the locations where collectives can operate. It would also address security at collectives to protect the patients and the neighbors. But Supervisor Henry Perea says their ordinance is not likely to become a reality.

"I think there's an image now of this issue and I think if they want to put this before the voters of Fresno County, they may be surprised what the results will be.

Perea says the county is trying to work with collectives to see if a different, less restrictive law would work.

Meanwhile, the collective leaders are planning to also file a lawsuit, looking for a temporary restraining order that would keep the county ordinance from ever going into affect.

 

[Zonkerly]

Right on and good luck!!

 

[Texas Kid]

The state and county are going to win every time, petitions and support drives are a total waste of time. The courts are so clear on it that its not even funny...not one suit brought by despensaries, patients or patient groups for commercial store front access has been won yet, not in any state. Unless there is a specific provision in your laws prop215 or sb420 for despensaries and or direct store front retail sales for profit and it has to say that exactly, its not goin to be recognised by the court.

Alot of attorneys will argue that the absence of any language about the specifics of despensaries in the law is de facto protection to move forward and that is just not the case at all

We have a couple a week votin them out here, city by city

Tex

 

[Aligee]

Your very knowledgable TK i always look forward to your input props bruh!!!

 

[tohimebe81]

We still have time

Yes we can say that sucks and yes it is not right, but we still can fight to have our voices. Politicions listen to the mass that votes. Can we honestly say that we are the mass? sure we have many people use medical marijuana, but we stay hidden because of persecution. We have a chance to have our voice heard, all fresno county citizens need to sign a pettition that is on Change.org, enter fresno in the search and it will be right there.

 

[Seamaiden]

The state and county are going to win every time, petitions and support drives are a total waste of time. The courts are so clear on it that its not even funny...not one suit brought by despensaries, patients or patient groups for commercial store front access has been won yet, not in any state. Unless there is a specific provision in your laws prop215 or sb420 for despensaries and or direct store front retail sales for profit and it has to say that exactly, its not goin to be recognised by the court.

Alot of attorneys will argue that the absence of any language about the specifics of despensaries in the law is de facto protection to move forward and that is just not the case at all

We have a couple a week votin them out here, city by city

Tex

The only thing pre-existing businesses might have going for them would be estoppel. If the city/county issued a permit to operate and then yanked that permit for anything other than code violations, there might be a leg to stand on. But there is absolutely nothing in 215 (or what remains of SB 420) that specifically legalizes, outlines, describes, anythings dispensaries, cooperatives and collectives.

However, Proposition 215 does specify that a patient must be allowed to grow their own meds and it places no limitors other than need on the patient (plant counts), and THAT is where Kern has crossed the line. They're trying to disallow what our constitution allows, and that can only be done by specific processes outlined in the constitution of our state. Kern's not following those processes.

 

[Texas Kid]

Since business liscenses are issued and renewed annaully, the citys are in a position to just not renew the liscense and you have to quietly go away. And they can pull it immediately if they want because you are violting federal law and by law they can not liscense any business that is ingaged in federally illegal activity. One advocacy group out here actally sued a city council and their 12 specific members for knowingly liscensing an illegal business in thier town, conspirocy to commit a federal crime at a municple level is some real powerful shit right now in the courts.

The courts out here have held that no level of investment and that no historical time in businsess(ongoing concern) means absolutely nothing and there are no provisions in the actual law so you are done...

Municipalities in Cali just figured out that they could vote them out like liquir stores and strip joints or any other regulated business for that matter, so get ready for the start of the decline.

Another thing to remember, and it has played out here over and over again, people vote way way different in a local election or ballot issues than they do a state level. I think you'll be suprised that most of the people that voted for MMJ at a state level, when asked to re-affirm their vote at a county level, they don't. People will real easliy say they are for it at state level when they are still pretty anonomous but when you ask them the same question with all their nieghbors sittin around they are staunchly against it. It really is intersting to see how it all actually plays out but it doesn't play out the way you want it to believe me.

Tex