Pages tagged "Long Beach"


ASA California Roundup: February 10, 2014

Contents:

Message from the CA Director - Fremont and Santa Monica

California News

  • Medical marijuana providers raided (Mohave)
  • California Police Now Want To Regulate Medical Pot — Right Out of Existence (California)
  • Fresno County supervisors close loophole on marijuana ban (Fresno County)
  • Obama resists using his power to ease marijuana laws (National)
  • Cigarettes are out; marijuana's in (California)
  • UCSF to study marijuana-based drug for children (San Francisco)
  • Dr. David Allen Becomes Medical Board Target (Sacramento)
  • Medical marijuana dispensary in San Bernardino Mountains robbed (San Bernardino)
  • Cannabis and Yoga as Complementary Medicines (Atwater Crossing)
  • Corona man behind bars in illegal Long Beach marijuana dispensary case (Long Beach)

Events

  • Tuesday, February 11, 2014 – Fremont City Council Hearing (Fremont)
  • Wednesday, February 12 – Santa Monica Planning Commission Hearing (Santa Monica)
  • Saturday, February 15, 2014 – San Diego 215 Party (San Diego)
  • Saturday, February 15, 2014 – Sonoma ASA 215 Party (Santa Rosa)
  • Sunday, February 23, 2014 – State of the Medical Cannabis Union 2014: A Panel of Cannabis Experts (Berkeley)
  • April 5-7, 2014 - The 2nd Annual National Medical Cannabis Unity Conference (Washington, DC)

Take Action

  • Support the Medical Marijuana Organ Transplant Act
  • Join Americans for Safe Access (ASA)

ASA Website Spotlight

  • Resources for Patients
  • Free Online Services

ASA Merchandise

  • ASA Cloud Vaporizer Pen
  • ASA Condition-Specific Booklets for Kindle

ASA Chapter & Affiliate Meetings

  • Tuesday, February 11, 2014 – Nevada County ASA (Grass valley)
  • Tuesday, February 11, 2014 – San Diego ASA (San Diego)
  • Thursday, February 13, 2014 – San Diego ASA (Imperial Beach)
  • Thursday, February 13, 2014 – Yuba County ASA (Foothills)
Read more

Some City Council Members in LA and Long Beach Move to Ban Patients’ Coops and Collectives

[caption id="attachment_1977" align="alignnone" width="202" caption="Long Beach City Attorney Robert Shannon"]
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In the wake of a confusing ruling in Pack v. Long Beach from California’s Second Appellate District, efforts are under way in Los Angeles and Long Beach to ban medical cannabis dispensing centers (MCDCs) altogether. Earlier this month, the court held that federal law preempts certain provisions of the highly-restrictive medical cannabis ordinance adopted by the City of Long Beach last year. Americans for Safe Access (ASA) holds that the impact of the ruling on local regulation is limited, and the decision is already the subject of an appeal to the state Supreme Court (see our previous blog for more). Nevertheless, medical cannabis opponents on the Los Angeles and Long Beach City Councils are moving recklessly towards banning patients’ associations.



 Los Angeles City Council Members Bernard Parks and Jan Perry, who have consistently opposed medical cannabis in the city, made a motion to ask the City Attorney to “phase out” MCDCs in the city. The City Council voted unanimously today to meet in closed session with the City Attorney on Tuesday to discuss the impact of Pack v. Long Beach, a move that alarmed advocates. ASA submitted a letter clarifying the scope of the Pack decision, and City Council Member Dennis Zine praised ASA for its ongoing commitment to protecting safe access and supporting regulation.

Meanwhile in Long Beach, the City Council also voted to meet with their City Attorney in closed session for a similar conversation. Long Beach City Attorney Robert Shannon told reporters that he has been instructed to appeal Pack v. Long Beach to the California Supreme Court. The outcome of that case may have serious implications for the right of local governments to implement California’s medical cannabis laws. But the appeal may also confuse efforts to use the decision as a rationale for banning MCDCs. Keep an eye on ASA’s mailing lists, web page, and this blog for developments.

Patients and community members should hope that efforts to ban MCDCs in Los Angeles, Long Beach, and other cities that may follow suit fail. Research conducted by ASA and fifteen years of experience in providing safe access show that sensible regulations reduce crime and complaints around MCDCs, while preserving safe access for legitimate patients. Banning MCDCs would deny these proven benefits for both cities. ASA is committed to defending safe and well-regulated access for patients – in the courts, at City Halls, and if necessary, at the ballot box. Lawmakers in Los Angeles and Long Beach should remember that voter referendums have stopped bans in the City of San Diego, Butte County, and Kern County. Voters still believe in medical cannabis, even if some cynical lawmakers do not.

California Appellate Court Creates Contradictory Law on Federal Preemption of Medical Marijuana Dispensaries



 

 

 

 

 

 

The California Court of Appeal for the Second Appellate District issued an opinion yesterday in Pack v. City of Long Beach, a case involving a medical marijuana dispensary ordinance adopted last year by the Long Beach City Council. The court did not invalidate the ordinance in its entirety, but instead found that federal law preempted certain provisions of the city’s permitting scheme. In particular, the court found that the provisions of the ordinance granting permits to dispensaries through a lottery system at a significant, recurring fee, are preempted by federal law.

Notably, the court made a distinction between a permitting or licensing scheme and an ordinance that would merely protect such facilities against local civil or criminal prosecution. This leaves open the possibility that Long Beach could comply with the court’s decision simply by making semantic changes to its ordinance, requiring “registration” rather than “permits” or “licenses.”

The Long Beach decision expressly disagrees with two published decisions on federal preemption by the Court of Appeal for the Fourth Appellate District, one in County of San Diego v. San Diego NORML and another in Qualified Patients Association v. City of Anaheim. Because of this appellate conflict, the Long Beach decision is not binding on trial courts outside of the Second Appellate District. Sadly, this ruling creates more uncertainty about localized medical marijuana distribution, instead of resolving it.

Americans for Safe Access (ASA) argued against federal preemption in the Long Beach case by filing an amicus ‘friend of the court’ brief in June with the American Civil Liberties Union (ACLU) and the Drug Policy Alliance (DPA). Unfortunately, the court disregarded those arguments and chose to throw a wrench into the implementation of California’s medical marijuana law.

ASA will, in all certainty, file a request for depublication of the Long Beach decision, which is not yet final. There is a possibility that the California Supreme Court will grant review of the decision or depublish it, especially since it is our belief that the court applied an incorrect preemption analysis.