City Gains Big From Pot Fines

[User]

Despite a recent decision by the federal Justice Department to not prosecute medical marijuana users in states like California where it is legal by state law, Beaumont continues its tightening noose on the two distributors operating within its boundaries.

Oak Tree Alternative Care on 6th Street, and the Beaumont Patients Collective Association at 1140 Beaumont Ave. have been fined $1,000 a day by the city for zoning violations.

According to Beaumont Police Chief Frank Coe, "Beaumont will continue to seek all remedies to address the illegal sales of drugs and controlled substances within our city. The recent information released by the Obama Administration references a directive to the Drug Enforcement Administration and does not restrict the investigation and prosecution of illegal sales and possession of marijuana."

According to the administrative citations given to Oak Tree Alternative Care, the fines cite city zoning ordinance violations, not criminal activity.

The citation refers to violating a moratorium on operation of marijuana dispensaries, and fines the entity for operating without a business license, which the city refuses to grant. It also cites city code violations, including a lack of adequate parking, and for having bars on the windows.

From Aug. 12 to Aug. 21, Oak Tree Alternative Care showed that it was fined $100 a day. The fine increased to $500, and as of Sept. 1, a daily fine of $1,000 was imposed.

Oak Tree Alternative Care says it has taken the fines seriously, and had receipts totaling more than $50,000 in paid fines, which the city confirmed.

The Beaumont Patients Collective Association, a medical marijuana joint, operating just a couple of store fronts away from Mother Clucker's chicken rotisserie, has ignored the fines - and the city has threatened to pass along the more than $60,000 in fees as a lien on the property owner, Robert Rider, who initially agreed to lease the space to them under the condition that they would obtain a business license, which he said was contracted in the lease agreement.

As soon as Rider learned that a lien was being placed on his property due to the activity of the Beaumont Patients Collective Association, he hired an eviction company, though the process has been slow, he said.

"They told me that their business was legal and that they were going to get a business license," Rider said. "As far as I knew, it was legal. At the time I didn't see a downside. I figured that if the city didn't want them here, they could get rid of them. Apparently it's not that easy."

According to the city, the Patients Collective has not paid any fines. Patients Collective owner Shannon Troncoso did not return calls from a reporter for comment.

Oak Tree Alternative Care owners Art Moreno and Vietnam Nguyen, who count themselves as patients at their facility, claim that the fines are impeding on their ability to do "business" and remain open.

"We're losing money due to the citations, but we're here for the patients," Nguyen said, explaining that his organization is not a dispensary. "We're a medical marijuana collective. We only collect donations" for the medical marijuana distributed," he said.

"We're supposed to be paying sales tax," Moreno said. "That's kind of hard to do when you're being fined $1,000 a day."

Every Monday, they write a check to the city. That nearly $65,000 that will have been fined by today is contributed to the city's general fund, according to city spokeswoman Darci Carranza, though she did not suggest specifically as to what such general funds might be used for.

Beaumont businessman Victor Dominguez does not feel the city goes far enough in monitoring the medical marijuana distributors, and will highlight the topic for his first program of "Pass Politics," a weekly radio news program that will first air Nov. 4 at 2 p.m. on KCAA 1050 AM. He plans to ask Moreno, who will accompany councilwoman Nancy Gall on the show, "How do you keep medical marijuana from getting into the wrong hands? What are the policies and procedures you're going to follow to prevent that?"

Gall, the lone supporter of medical marijuana on the council, said in an interview, "There's not much I can do about it by myself. I need two more votes, and the men ( on the council ) band together" in their support of the letter of the law when it comes to enforcing federal medical marijuana laws.

Moreno hopes that the city can appreciate the idea that his organization is trying to do the right thing, from serving those who have a prescribed need to filling up city coffers to the tune of $1,000 a day in good faith - - despite the fact that he is compelled to do business without the business license the city will not grant.

"Beaumont Police Department has turned us over to the district attorney," Moreno said. "If the DA sees something here, they will pursue us. As you can see, no action has been taken as of yet."

According to Chief Coe, "The Compassion-use Act approved by California voters does not allow medical marijuana dispensaries, which is why the city continues to seek both criminal and civil remedies to close the illegal operations that continue to operate in violation of our laws."


NewsHawk: User: http://www.420magazine.com/
Source: Record Gazette (CA)
Contact: editor@recordgazette.net
Copyright: 2009 Record Gazette
Website: Record Gazette > Front
Author: David James Heiss

[grow4ever]

In other words Beaumont, by taxing the medical facility $1000.00 a day, will bring in $365,000.00 per year to their General Fund. History has shown that Governments love $$$$. I can tell you that Beaumont will not close a cash cow like that, not in this economy!. It goes to show you the financial gain that a community gains from the medical facilities.

[Cherma]

The Payoffs and the Ripoffs that nobody wants to see.
And still it keeps happening to many like minded businesses.. Shame on the extortion from this city.

[Joe Coffee]

This is just a political tactic to get rid of a medical marijuana dispensary. I hope the dispensary gets a good lawyer and fights back. The unfortunate reality is that the dispensary will be forced out of business even with a good legal defense. :(

[dfw-guy]

I hate assholes. This stuff pisses me off :-(

[sicntired]

I've just got a major headache.Where do these people come from?Do they just make it up as they go along?