Pot Dispensaries Continue with Effort to Keep Business Records Secret

[Ganjarden]

In response to an earlier Trial Court order dated November 2 by Orange County Superior Court Judge Glenda Sanders ordering five medical marijuana dispensaries to hand over business records to the City of Dana Point for review and determination of whether they are operating in compliance with applicable state laws, all five dispensaries filed appeals with the 4th District Court of Appeal.

In its Jan. 29 order, the court determined that the appeals were filed from a non-appealable order and gave the dispensaries until Feb. 16 to file a petition for extraordinary writ.

All five have asked for extensions. Two of the five have been granted so far. It is expected that the other will also be granted according to Assistant City Attorney Jennifer Farrell .

The appeals court gave the city an original deadline of Feb. 22 to file a response to the dispensaries' writs. It remains to be seen what the new deadline will be. In the two cases that the extension has been granted, the new date is March 12.

The court's order that the dispensaries file writs instead of appeals is favorable to the city. "The writ process generally leads to a quicker resolution," said Farrell. "The city is pleased with the order and looking forward to resolving this issue as the existing dispensaries are continuing to operate illegally and in violation of zoning laws for as long as this case remains tied up in the system."

Last week the dispensaries–who disagreed with the court order–all filed motions to reinstate their appeals.

Two of these five motions have already been rejected by the court of appeals and it is expected that the remaining three will also be denied.



NewsHawk: Ganjarden: 420 Magazine - Cannabis Culture News & Reviews
Source: Dana Point Times
Author: Andrea Swayne
Contact: Dana Point Times
Copyright: 2010 Dana Point Times
Website: Pot Dispensaries Continue with Effort to Keep Business Records Secret

 

[honestone]

Guess the dispensaries don't want the city to know how much money they are making. The dispensaries operate for profit and we all know it.

 

[Tokensmoke10]

Guess the dispensaries don't want the city to know how much money they are making. The dispensaries operate for profit and we all know it.

Very few so called "non-profit" organizations or business are actually non-profit. It's sad that almost every business requires some kind of money to remain open, but profit is the foundation of a capitalist country. I really don't see dispensaries being paid by the government in order to remain open and "non-profit".

If I were a dispensary owner, I'd be doing the same thing. Being discriminated against by being forced to show business records shows that dispensaries are a target that can be pushed around, feds don't force any other "normal" business to show their business records (under normal circumstances of coarse).

 

[origamijoint]

This is interesting for two reasons. 1. Are the stores purchasing the medicine from members. As the entire system has to be closed. And what is the profit? Glad this thread is up.

 

[Jim Finnel]

We've received the following statement in response from the attorney for Garrison L. Williams, President, Holistic Health:

Holistic Health and the other 4 dispensaries involved in the litigation with the City of Dana Point resisted the subpoena because it requested information that is protected under the United States and California Constitutions. Specifically, after proclaiming as justification for the subpoena that the dispensaries are acting in violation of state and federal law, the city requested records that would show commission of these same acts. This would force the dispensaries to provide proof, if such proof existed, of their sale, transportation, furnishing, distribution, possession of marijuana, detailed patient information, detailed physician information, and information about the sources of their medical marijuana. This was to be provided to an unelected private law firm that is simply hired by the City to do its legal work. The court issued a totally ineffective protective order that restricts the access to the names of patients but not their other information. In court the City's attorneys stated that they intended to use the patient contact information to interview patients about whether they were receiving their proper shares of the profits and other matters. Thus, complying with the subpoena would have not only violated the laws relating to patient privacy, it would also have exposed sick people to government harrassment. Holistic Health remains committed to providing safe, legal, confidential access to legal medical marijuana to its members. It is a non-profit collective which scrupulously follows the requirements of the state laws.

Alison Minet Adams
Certified Appellate Specialist
12400 Ventura Blvd. #701 Studio City, CA 91604
818-358-2507
alisonminetadams@yahoo.com

 

[Pythaglio]

Guess the dispensaries don't want the city to know how much money they are making. The dispensaries operate for profit and we all know it.

Sure, why else would they mind detailing how they're breaking Federal law?

WTF is wrong with making a profit for providing a needed service anyway?

 

[honestone]

It is illegal in California to financially profit from the sale of marijuana but that doesn't stop many dispensaries from making a HUGE profit while hiding behind "non profit" status. If they are going to make a profit why do they claim to be "non profit"? I am all for a person making a profit for work and services but those people should not claim "non profit" status. I work for a pay check. I do not "volunteer".

 

[Tokensmoke10]

It is illegal in California to financially profit from the sale of marijuana but that doesn't stop many dispensaries from making a HUGE profit while hiding behind "non profit" status. If they are going to make a profit why do they claim to be "non profit"? I am all for a person making a profit for work and services but those people should not claim "non profit" status. I work for a pay check. I do not "volunteer".

As I said earlier in the thread, most non-profit organizations and business really aren't non-profit. I'll say it again, the Red Cross is considered non-profit but still has paid employee's so some kind of profit must be made in order to pay those employee's. It is true though that they do receive copious amounts of donations but not enough to keep their organization going AND pay for those said employee's.

 

[trekie]

I am member of one of these co-ops. I feel violated for being a medical marijuana user. I do not want anyone to have that type of info about me without my consent. Info like this can be used against you or me. What would happen if I was lawyer and was applying for a job in the law firm that went over the patient list. More than likely I would be passed over because their are people out their who do not have the same beliefs that I have. I do not have any government protection like people who take pharmaceuticals have... You call this equal rights....

Why do I keep hearing medical marijuana co-ops are breaking the law because they are a non profit and because of the cash donations that they charge. They are Like a non profit hospital and they charge for everything. I have put together a list of some of the top non profit organizations and wages that their ceo's make. I want to show all the ignorant people that use the non profit excuse. . . for their reason why it's ok to destroy peoples life's at gun point...That they better do the research before people start calling you "dumb ass'..." Like most law enforcement who do not do the research and believes what some dumb ass tells Them...


The Chronicle of Philanthropy reported that the median compensation for chief executives at the nation's biggest nonprofit organizations climbed 7% to $361,538. It also found that two-thirds of nonprofits maintained or increased compensations for their top executives in 2008. Here are some of the wages that they paid...

"
Bill & Melinda Gates Foundation- Jeffery S. Raikes $990,000-per-year

The nation's highest earning nonprofit CEO is J. Mongan, chief executive of Partners HealthCare Systems in Boston. He got a 99% pay bump in 2008, meaning he took home $2.7 million, including nearly $1.3 million in deferred compensation. He also received nearly $700,000 in benefits, which pushed his total compensation above $3 million. Nonprofit hospitals have the highest median CEO pay at more than $830,000.

The chief executive of the American Red Cross, Gail J. McGovern, earned $467,252 in 2008

 

[Warbux]

Excellent posting Trekie,,Thanx for the info..Its nice to see someone has done some homework on this,.

 

[MedicalNeed]

So I know some you have wondered why they often raid the dispensaries and never charge them.

The United States is a Corporation, some of aspects Non-profit but most is for profit Corporations.
Yes that is right the "Government" entities that collect your money and police you are "For Profit Corporations".

So now you may have a better understanding of why things are done not for "The People" but for money. And also to hold control of these massive Profits with the used of the "Brain Washed" Pawns who do their dirty work.

For example
IRS
CIA
are both For Profit.

Here are some links to allow you to look for yourselves, easy as I know it will upset the non "Brain Washed" and the rest of you won't even believe it enough to even look for your self.

Simply Google US is a corporation, and you can look at different pages to your pleasing.
These are a good start.
USA.gov: Independent Agencies and Government Corporations
The United States Isn't a Country — It's a Corporation!
Corp US
Millennium Challenge Corporation


This is something they do NOT teach you is school I wonder why that is. HUM