Jacob Bell
New Member
SANTA CRUZ - The county has yet to issue a permit under a new set of regulations aimed at medical marijuana operations, and already the law is being thrown into doubt.
A state appeals court in Los Angeles last week handed down a decision that raises questions about any local effort to regulate the medical marijuana trade, saying federal drug laws invalidate any licensing of dispensaries and collectives - something many Bay Area governments have tentatively started to do.
Local attorney Ben Rice, who represents several marijuana collectives, said he doesn't expect any immediate impact locally. But the ruling was a blow, particularly coming in the midst of what appears to be stepped-up federal drug enforcement efforts.
"It's been a very, very tough couple weeks," Rice said. "It's so terrible because the city and county have tried hard to figure out ways to regulate this stuff."
The ruling would seem to affect the county and city of Santa Cruz, as well as any other California municipality that regulates medical marijuana clubs. Local officials are aware of the ruling and are weighing the impact.
"We're looking at it," county Deputy County Counsel Chris Cheledon said.
But no one is in a rush to draw conclusions from the ruling. Santa Cruz City Attorney John Barisone is also looking at it, but predicts the issue eventually will wind up in the hands of the state Supreme Court.
"The case appears to conflict with other court of appeals cases," Barisone said.
Supervisors Neal Coonerty and John Leopold originally proposed the county's licensing of medical marijuana facilities, a thorough law that spells out location, financial, operational and other business requirements. Coonerty said Wednesday the board is not planning major changes.
"We understand that there are shades of gray in the law because of the federal stance," Coonerty said. "But we're trying to get medicine to patients."
Last week's ruling came as the federal government sent several missives to California collectives warning them their operations violate federal law. Many saw the letters as a switch from the Obama administration's previously stated laissez-faire approach to state medical marijuana laws.
But some say the law did not represent a shift. Earlier this year, San Francisco U.S. attorney Melinda Haag - whose district includes Santa Cruz - sent a letter to Oakland City Attorney John Russo making clear that while the federal government would not concern itself with individual users, the Justice Department still considers the manufacture and distribution of marijuana a crime.
"The department's investigative and prosecutorial resources will continue to be directed toward these objectives," Haag wrote in response to proposed regulations for marijuana cultivators. The letter was cited in the last week's court ruling.
The twin blows are disheartening to local providers who favored the county's regulatory effort, partly because the rules gave dispensaries and collectives an official stamp of approval from local authorities.
With a 15-year-old state law that has always conflicted with federal controlled substances laws, medical marijuana clubs have long sought that kind of acceptance, and local groups in particular have strived to forge closer bonds with the community.
Partly to thank the community for its support after Drug Enforcement Agency raids nine years ago, the Wo/Men's Alliance for Medical Marijuana started WAMMFest, being held Oct. 22 at San Lorenzo Park. Others have sought greater legitimacy through the same means mainstream businesses do - by reinvesting revenues in the community through donations to nonprofits, homeless shelters and more.
Still other have pursued sponsorships, with Crème de Canna and Granny Purps participating in Save Our Shores' Adopt-a-Beach program, right along with the Capitola/Aptos Rotary Club and the San Jose Sharks. Some, like the Boulder Creek Collective, have opened up their boards to direct community oversight by recruiting public members with expertise in several topic areas.
The Boulder Creek Collective's Nathan Whitehill said he is not concerned about the federal government's crackdown. In announcing a handful of arrests last week, federal authorities singled out for-profit operations, and several guns were seized as part of the effort. Whitehill said the effort appears focused on large operations, not smaller, patient-focused groups.
"Honestly, if anything it's going to strengthen our position," Whitehill said, whose nonprofit club is planning a December move to a new Mid-County location that complies with the new county regulations.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: mercurynews.com
Author: Jason Hoppin
Contact: Contact Us
Copyright: San Jose Mercury News
Website: Ruling throws local pot regs into doubt: Decision comes as feds signal a crackdown
A state appeals court in Los Angeles last week handed down a decision that raises questions about any local effort to regulate the medical marijuana trade, saying federal drug laws invalidate any licensing of dispensaries and collectives - something many Bay Area governments have tentatively started to do.
Local attorney Ben Rice, who represents several marijuana collectives, said he doesn't expect any immediate impact locally. But the ruling was a blow, particularly coming in the midst of what appears to be stepped-up federal drug enforcement efforts.
"It's been a very, very tough couple weeks," Rice said. "It's so terrible because the city and county have tried hard to figure out ways to regulate this stuff."
The ruling would seem to affect the county and city of Santa Cruz, as well as any other California municipality that regulates medical marijuana clubs. Local officials are aware of the ruling and are weighing the impact.
"We're looking at it," county Deputy County Counsel Chris Cheledon said.
But no one is in a rush to draw conclusions from the ruling. Santa Cruz City Attorney John Barisone is also looking at it, but predicts the issue eventually will wind up in the hands of the state Supreme Court.
"The case appears to conflict with other court of appeals cases," Barisone said.
Supervisors Neal Coonerty and John Leopold originally proposed the county's licensing of medical marijuana facilities, a thorough law that spells out location, financial, operational and other business requirements. Coonerty said Wednesday the board is not planning major changes.
"We understand that there are shades of gray in the law because of the federal stance," Coonerty said. "But we're trying to get medicine to patients."
Last week's ruling came as the federal government sent several missives to California collectives warning them their operations violate federal law. Many saw the letters as a switch from the Obama administration's previously stated laissez-faire approach to state medical marijuana laws.
But some say the law did not represent a shift. Earlier this year, San Francisco U.S. attorney Melinda Haag - whose district includes Santa Cruz - sent a letter to Oakland City Attorney John Russo making clear that while the federal government would not concern itself with individual users, the Justice Department still considers the manufacture and distribution of marijuana a crime.
"The department's investigative and prosecutorial resources will continue to be directed toward these objectives," Haag wrote in response to proposed regulations for marijuana cultivators. The letter was cited in the last week's court ruling.
The twin blows are disheartening to local providers who favored the county's regulatory effort, partly because the rules gave dispensaries and collectives an official stamp of approval from local authorities.
With a 15-year-old state law that has always conflicted with federal controlled substances laws, medical marijuana clubs have long sought that kind of acceptance, and local groups in particular have strived to forge closer bonds with the community.
Partly to thank the community for its support after Drug Enforcement Agency raids nine years ago, the Wo/Men's Alliance for Medical Marijuana started WAMMFest, being held Oct. 22 at San Lorenzo Park. Others have sought greater legitimacy through the same means mainstream businesses do - by reinvesting revenues in the community through donations to nonprofits, homeless shelters and more.
Still other have pursued sponsorships, with Crème de Canna and Granny Purps participating in Save Our Shores' Adopt-a-Beach program, right along with the Capitola/Aptos Rotary Club and the San Jose Sharks. Some, like the Boulder Creek Collective, have opened up their boards to direct community oversight by recruiting public members with expertise in several topic areas.
The Boulder Creek Collective's Nathan Whitehill said he is not concerned about the federal government's crackdown. In announcing a handful of arrests last week, federal authorities singled out for-profit operations, and several guns were seized as part of the effort. Whitehill said the effort appears focused on large operations, not smaller, patient-focused groups.
"Honestly, if anything it's going to strengthen our position," Whitehill said, whose nonprofit club is planning a December move to a new Mid-County location that complies with the new county regulations.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: mercurynews.com
Author: Jason Hoppin
Contact: Contact Us
Copyright: San Jose Mercury News
Website: Ruling throws local pot regs into doubt: Decision comes as feds signal a crackdown
