Sheriff Shuts Down Medical Marijuana Shops

[Ganjarden]

On Thursday, the Tulare County Sheriff's Department served seven medical marijuana shops with orders, forcing them to shut down for not being in compliance with federal laws.

The checks were in accordance with a recently enacted Tulare County law that applies to unincorporated areas.

Operators, like Melanie Mendes, were provided copies of the new ordinance that requires they comply with unaligned county, state, and federal laws.

"Right now they are out of compliance," Lt. Keith Douglass said. "They have to obey all state and federal laws, and federal law says you can not [provide medical marijuana]."

They were given 10 days to stop offering medical marijuana or face criminal charges.

"It was like a funeral at the shop yesterday," Mendes said, while holding back tears. "I've got people that drag their pain pumps in and come in wheel chairs. They're asking me for help that I can't give them anymore."

Mendes, who operates Tipton-based Earth Meds, said she will clear out the medical marijuana, but keep providing information about how to grow the plants and where to find the medicine elsewhere. There are two shops in the city of Tulare, she said.

When Tulare County supervisors adopted the ordinance in November, they said it was a preventative step in case the federal government recognizes that marijuana has legitimate medicinal values. The ordinance restricts where the marijuana can be smoked, how many plants can be grown, does not allow for edible or drinkables and caps the number of distribution outlets to three.

The ordinance took effect Thursday.

According to the federal government, smoking marijuana for medical purposes is illegal. A California law enacted by voters in 1996, however, prevents law enforcement from punishing marijuana users when a physician has recommended its use to treat serious medical conditions.

Local law enforcement agencies throughout the state have struggled with the conflict in the law.

In the past, federally led criminal raids took place to halt the drug's distribution, but the Obama administration recently declared it would stop cracking down on the 14 states that allow medical marijuana.

"The fact that this in place does not mean that your board has authorized the activity, it does not change the state law regulation, and all of this is still illegal under federal law," said County Counsel Kathleen Bales-Lange.

The only distribution sites currently permitted in California are collectives and cooperatives, where transactions of medical marijuana between cardholders are facilitated without incurring a profit. Dispensaries, or other for-profit shops, are illegal.

To obtain medical marijuana at Earth Meds, Mendes said people provide monetary donations, soil and nutrients for growing, or their edibles and drinkables are not provided and the buds are not smoked, or even grown, inside the building.

"I've got 10 days to try to help my patients and to see if there is anything my attorney can do," she said. "The entire ordinance is ambiguous. I'm not doing anything wrong under the attorney general's guidelines and state law."

Earth Meds used to service approximately 25 South County residents daily. Each one of them had a doctor's recommendation, according to Mendes.

"We did everything possible to comply with their ordinance, the only thing we're not in compliance with is the two words 'federal law,'" she said.


News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source:RecorderOnline.com
Author: JENNA CHANDLER
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Copyright: 2009 Freedom Communications, Inc.
Website: Sheriff Shuts Down Medical Marijuana Shops

 

[Jim Finnel]

this just shows how meaningless the obama administrations no bust policy is. we need laws to protect access to medical marijuana on the federal level and not meaningless policy statements.

 

[Mokkie]

When you add it all up the people that are fighting these clinics. Should have to spend a month taking care of these patients. They have DRs. ok then the cops and County Counsel Kathleen Bales-Lange should have to supply there meds.

 

[Weed420]

Any of these areas that do this, the people need to start organizing and oust both the sheriff and prosecutor for violating state law.

 

[Bonehead]

The only one's who are not in compliance are Tulare County and the Federal
Gov't.

 

[Keith Lake]

The Sherrif needs to brush up on his law. Garden Grove clarified this issue once already. Hopefully this is challenged.

Federal law does not override state law on medical cannabis!

 

[free2blaze]

in compliance with federal law should not be an issue, Obama said they will not charge people who are in compliance with state laws, the only issue should be are they in compliance with state laws, that is what Obama said after all, I hope these victims are able to fight this.

 

[Weed420]

And the fact is, none of these federal laws are binding on states anyway. Its time for the legislatures and govenors to enforce the laws of there states and quit violating civil rights. The 10th Amendment clearly defines what the role of the federal government is.

 

[Keith Lake]

in compliance with federal law should not be an issue, Obama said they will not charge people who are in compliance with state laws, the only issue should be are they in compliance with state laws, that is what Obama said after all, I hope these victims are able to fight this.

Obama has no jurisdiction over the local Sheriff. He can only speak for the Feds, and even then the bureaucracy doesn't always seem to listen or comply.

 

[Keith Lake]

And the fact is, none of these federal laws are binding on states anyway. Its time for the legislatures and govenors to enforce the laws of there states and quit violating civil rights. The 10th Amendment clearly defines what the role of the federal government is.

I agree, but I'd say it stronger. It's not that Federal laws are not binding, it's that States have no authority to enforce Federal law (so says the Supreme Court).

Not trying to be argumentative; just clarifying the Garden Grove decision as I understand it

 

[Mokkie]

Without justice being freely, fully, and impartially administered, neither our persons, nor our rights, nor our property, can be protected. And if these, or either of them, are regulated by no certain laws, and are subject to no certain principles, and are held by no certain tenure, and are redressed, when violated, by no certain remedies, society fails of all its value; and men may as well return to a state of savage and barbarous independence.

Joseph Story, Commentaries on the Constitution, 1833

 

[Pythaglio]

Every time that I'd plant a seed he'd say kill it before it grows...

 

[merickson]

I agree, but I'd say it stronger. It's not that Federal laws are not binding, it's that States have no authority to enforce Federal law (so says the Supreme Court).

Not trying to be argumentative; just clarifying the Garden Grove decision as I understand it

Are you sure that federal law isn't binding on the states?
Like the Civil Rights Act (prohibits hotels, restraunts, etc. from discrimiation on the basis of race)

Or can non-DEA approved penicillen be sold if a state legislature says its OK?

The fedreral MJ law a dumb law, that the Obama adminstration isn't going to enforce, but its still the law that is in force.

 

[Pythaglio]

I agree, but I'd say it stronger. It's not that Federal laws are not binding, it's that States have no authority to enforce Federal law (so says the Supreme Court).

Not trying to be argumentative; just clarifying the Garden Grove decision as I understand it

I think the stronger argument is the CA State Constitution.

CALIFORNIA CONSTITUTION
ARTICLE 3 STATE OF CALIFORNIA


SEC. 3.5. An administrative agency, including an administrative
agency created by the Constitution or an initiative statute, has no
power:
(a) To declare a statute unenforceable, or refuse to enforce a
statute, on the basis of it being unconstitutional unless an
appellate court has made a determination that such statute is
unconstitutional;
(b) To declare a statute unconstitutional;
(c) To declare a statute unenforceable, or to refuse to enforce a
statute on the basis that federal law or federal regulations prohibit
the enforcement of such statute unless an appellate court has made a
determination that the enforcement of such statute is prohibited by
federal law or federal regulations.
WAIS Document Retrieval

 

[Keith Lake]

Are you sure that federal law isn't binding on the states?
Like the Civil Rights Act (prohibits hotels, restraunts, etc. from discrimiation on the basis of race)

Or can non-DEA approved penicillen be sold if a state legislature says its OK?

The fedreral MJ law a dumb law, that the Obama adminstration isn't going to enforce, but its still the law that is in force.

Apologies if I'm wording my argument awkardly, I'm not saying that Federal law isn't binding on the states, I'm saying state employees can't enforce Federal law; only the Fed's can. Hope I have this straight.

 

[Keith Lake]

Excellent point and fully convinced I am

I think the stronger argument is the CA State Constitution.

CALIFORNIA CONSTITUTION
ARTICLE 3 STATE OF CALIFORNIA


SEC. 3.5. An administrative agency, including an administrative
agency created by the Constitution or an initiative statute, has no
power:
(a) To declare a statute unenforceable, or refuse to enforce a
statute, on the basis of it being unconstitutional unless an
appellate court has made a determination that such statute is
unconstitutional;
(b) To declare a statute unconstitutional;
(c) To declare a statute unenforceable, or to refuse to enforce a
statute on the basis that federal law or federal regulations prohibit
the enforcement of such statute unless an appellate court has made a
determination that the enforcement of such statute is prohibited by
federal law or federal regulations.
WAIS Document Retrieval

 

[merickson]

The law will be fully discussed by lawyers, (I'm not convinced that requiring buisnesses to comply with federal law is "enforcing" them and therefore not allowed.)

The fact of the matter is that the people of Tulare Co. have seen what has happened in other counties and don't want MMJ dispensed as it is in Oaksterdam.

Their concerns may be founded on:
-ignorance of the medical benefits of MJ
-their exaggerated fear of recreational use
-their observation that healthy people are using the MMJ system to get MJ.

But their concerns are as real as my confidence that legalizeing recreational MJ will be good for the community. (i.e. truely a concern and not a pose or posture.)
And their desire to shape their own community (no matter what the knot-heads in Sacramento say) is understandable.

This all ties in with the many "what symptoms will get me a card" threads.
Fake MMJ patients ("MMJ fake patients"? "patients faking a need for MMJ"?) are one of the perceptions that drive Tulare counties concerns.
If the all the clinic patients were "dragging pain pumps and in wheelchairs", the county would be more accepting. (Even of the truely sick folks who can stand straight).
What they see, in the media, and in reality, are stoners coniving to get a card from a compliant doctor.
What is less visible are the sick people who deal with their illnesses quietly and privately with MJ.

The next time someone says that fake/trivial MMJ cards don't hurt anyone, I'm going to point them to this thread.

(No offense meant to anyone, if you think you need MJ for medicine, I'll accept your judgement. But we all know not-sick folks who get cards so they can get their recreational MJ through clinics.)

Should recreational MJ be legal..Heck yes! But how one applies that fact in one's life should not directly or indirectly harm the sick people's access to their medicine.

Tulare county's concerns are real (even if not well founded).
The MMJ community needs to address those concerns, not dismiss them.
(In the short term, there may also be a need for Care packages from Fresno.)

 

[Keith Lake]

I think Tulane has a right to regulate their own town. They should be able to pass a law and choose not to allow dispensaries if that's the will of the people. I personally hope they don't but I agree it's their right.

My argument is the Sheriff is copping out by claiming the Federal law is under his perview.

If it's not enforcing, then definitionally it's voluntary compliance. Do we think they'll be consequences if the dispensaries fail to comply? I think he's using the power of the state and would use force if needed; but I'm projecting my personal belief at this stage

 

[merickson]

It doesn't sound like a rogue sheriff, but a county board of Sup.s that put both the sheriff and Earth Meds between a rock and a hard place.

"..When Tulare County supervisors adopted the ordinance in November, ..."

 

[Wingman420]

Any of these areas that do this, the people need to start organizing and oust both the sheriff and prosecutor for violating state law.

Absolutely right.

All Residents of this County remember this action and vote out of office the entire administration that proposed, voted, and enacted this divisive legislation.

Basically they voted on who was to be allowed to stay open, sounds like back room, East Coast politics, to me.

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