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

 

[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