Medical Marijuana Bans Get A Lifeline
Assemblyman Bob Blumenfield (D-Van Nuys) has authored AB 1300, which, if signed by the governor, paves the way for cities and counties to ban medical marijuana cooperatives and collectives.
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As the state courts consider several pending legal cases that challenge bans on medical marijuana facilities, a bill that may help the anti-cannabis cause in Lake Elsinore and Wildomar is awaiting Governor Jerry Brown’s signature.
Assemblyman Bob Blumenfield (D-Van Nuys) has authored AB 1300, which, if signed by the governor, paves the way for cities and counties to ban medical marijuana cooperatives and collectives.
Under the bill, which passed the state Assembly on June 3 and the state Senate on Aug. 15, local municipalities could adopt ordinances “that regulate the location, operation, or establishment of a medical marijuana cooperative or collective.”
While cities and counties already have bans in place – including Riverside County, and the cities of Lake Elsinore and Wildomar -- challenges exist.
A Lake Elsinore medical marijuana collective, which has gone by the names 420 Hitters, Lake Elsinore Medical Collective and R Side Medical, was ordered to close earlier this year but was subsequently granted a court-issued stay this month to reopen for business.
The stay overrides the December 2009 decision by the Lake Elsinore City Council to ban medical marijuana operations in the city.
A Wildomar medical marijuana collective known as Wildomar Patients Compassionate Group was forced to close down last year due to the city’s ban, but was allowed to reopen following a California Fourth Appellate District Court ruling. On March 1, the appellate court issued a writ of supersedeas and ordered that a preliminary injunction issued by the Riverside Superior Court be stayed pending resolution of an appeal.
In California, medical marijuana is legal under the state's Compassionate Use Act of 1996 and the subsequent Medical Marijuana Program Act that became law on Jan.1, 2004.
But neither act provides clear direction on whether cities and counties can legally ban medical marijuana operations.
It’s unclear what impact AB 1300, if signed into law, would have on existing legal challenges to the bans, but the bill has pro-marijuana groups worried.
Dale Jones, chair of the Coalition for Cannabis Policy Reform, is calling on medical marijuana supporters to contact the governor and denounce the bill.
On Tuesday, he forwarded a message from Americans for Safe Access that blasts the legislation.
“(The bill) is not what voters intended when they adopted Proposition 215 in 1996 ... ,’” the Americans for Safe Access message read.
In addition to AB 1300, Senator Lou Correa (D-Santa Ana) has authored SB 847, which is also awaiting the governor’s signature. The bill requires that medical cannabis cooperatives and collectives be located at least 600 feet from any residential zone or use. SB 847 passed the state Assembly on Aug. 25 and the state Senate on June 1.
“(SB 847) will force patients' associations to the outskirts of most cities -- if they can find a location at all!” according to the Americans for Safe Access message.
Lauren Unruh
5:00 am on Wednesday, August 31, 2011
I'd like to know why these people ban the sacrament of my church. What reason do they have for it?
I don't understand why Hippies are being singled out for a religious discrimination so pervasive that the lawyers refuse to even discuss it. Are the lawyers Islamophobic zionists?
I tried to talk about this with American's for Safe Access and NORML, Neither of them is interested in defending our freedom of religion. ASA said it wasn't their concentration and NORML just refuses to even answer. It is pretty darn frustrating.
I was a girl scout leader for years before I decided I'd legalize the sacrament of my church by just coming out of the closet with my religion. I must have been naive because I thought elected officials were all sworn to uphold the constitution, as in the freedom of religion. I thought all I'd have to do was explain it. I don't understand why I get all this prejudice against me.
Is it because I'm a Native American? Is that why I haven't earned the freedom of religion? These are very serious questions. I think before the lawmakers of California pass more laws against my religion, they ought to have to explain better what is wrong with it.
The only explanation I have heard so far is they just don't like our kind to come around.
Well let me tell you something, as a Native American I'm sick of being treated that way. I think I deserve better.
Reverend Lauren Unruh
THC Ministry, Pleasant Hill, Ca
A Native American Church
David
8:06 am on Wednesday, August 31, 2011
While they are at it, they should add Lodine, Ibuprophen, and Tylenol to the list of evil drugs that need to be run out of town. those are the drugs our Kaiser doctors prescribe OFTEN and for everything. The combination of these drugs have destroyed my kidney's and liver. Medical MJ is the only thing i now take to ease my pain. Short-sighted and morally twisted people (Professional politicians) should not be allowed to interfere with my medical needs, without offering an alternative that is beneficial to all. The lawmakers already screwed me out of my RIGHT to WORK with the law as it is written.
Son of Liberty
8:24 am on Friday, September 2, 2011
I did an outsourced 24 hour sleep study through Kaiser for my Narcoleptic condition. Wired to a series of complex computers and devices, Mm Medical Marijuana kept me focused and AWAKE the whole study! 4 years now...still truckin. NO triplicate copy prescription narcotic METH from Kaiser rotting my brain anymore.No, I wont be falling asleep on a extension ladder while working in a HOT electrical panel anymore! After proving to Kaiser that Medical MJ works the head DR. of neurology kindly explained the fact the its too risky for him to legally prescribe Marinol (synthetic thc)while working at KAISER. They refused to prescibe me a legal prescription based on politics.It has proven medicinal values yet politically on the schedule 1 list with CRACK.
The legal system is corrupt TAX collection nothing else.
Lying cops arrest you, prosecutors jack up charges to force plea bargains, jury selection is warped by prosecutors, the selection of jury instructions is manipulated by judges openly stating they “don’t get into the Constitution,” Public Defenders get paid for pretending to help you, and half-awake granny juries believe you did something wrong or you would not have been arrested.
Flutie Flambert
9:12 am on Wednesday, August 31, 2011
Lauren and Pacificmarlin:
1) your arguments are logical and sound, but no amount of reason will ever dissuade prohibitionists. Prohibitions are based on subjective mores and morals.
2) marijuana prohibition originally had nothing to do with getting high. It was a ruse in order to thwart American farmers from growing hemp which threatened (and continues to threaten) the petroleum and logging industries in the 1930s. Today, cannabis threatens the pharmaceutical industry as well. This is why The Partnership for a Drug Free America is funded by both the petroleum and pharmaceutical industries. (Read: The Emperor Wears No Clothes by Jack Herer, available free online).
3) Jim Crow ended in 1965 when the Equal Rights Act was passed. In 1971, Nixon initiated the War on Drugs which effectively continued Jim Crow. Today, in every inner-city throughout America, Black men are conspicuously absent from every family. 80% of our prison population are African Americans - the vast majority of whom are serving drug related sentences. Black on Black crime in America is caused almost exclusively by prohibition - i.e. the immense profits and violence of illicit drug markets. (Read: Mass Incarceration in the Age of Colorblindness by Michelle Alexander)
4) Prohibition will eventually end because it is ultimately unsustainable.
David Pereira
10:32 am on Wednesday, August 31, 2011
I don't think I've ever seen such intelligent comments on here before. Well researched and written, with citings. Great job people, bring your insight and intelligence into other topics around the City, especially you Flutie. Well written piece.
phuh knees
2:45 am on Thursday, September 1, 2011
Kudos as well to the author of the article, Toni McAllister.
It's refreshing to witness squarely objective reporting on such a contentious issue.
Well done.
Dirty Modona
4:01 am on Thursday, September 1, 2011
David, I hope you learn from these posts and improve your comments as well, and do some research before you write about Melendez. I read many of your posts all I read is, I am greatful that she writes me back". Melissa melendez is not forthright with her promises on her running points from last election.
David
6:33 am on Thursday, September 1, 2011
So the point of this article, in your eyes, is the work of the lawmaker? The comments of the readers? LOL, do you have any comments about the substance of the article? Or did you just read the comments and decided to troll the forums?