NEWS: Marijuana dispenseries targeted by county moratorium

Medical marijuana dispensaries in unincorporated Orange County could be banned under a proposed 45-day moratorium as the county prepares for the possible legalization of marijuana by voters in November’s statewide election.

The county ordinance, which would ban new dispensaries and dispensaries without permits, must be approved by 4/5 of the board of supervisors. The board meets Tuesday to debate the issue.

Currently, Orange County does not have any laws on the books for regulating the permitting or establishment of medical marijuana collectives, but the California attorney general set up guidelines that require dispensaries register as a nonprofit, obtain a seller’s permit, and supply security, among other conditions.

According to county staffers, an estimated 11 medical marijuana dispensaries are operating in unincorporated Orange County. None of the cooperatives are permitted under California Attorney General guidelines, according to a county staff report, which would make them illegal under the moratorium, and subject to code enforcement and criminal prosecution.

If approved, the county’s moratorium – which includes medical marijuana delivery services - would run at least past California’s Nov. 2 election, which will put Prop. 19 - and its proposed legalization of marijuana - up to a vote by California voters.

Prop. 19 would legalize the use and possession of up to one ounce of marijuana for personal use for people over the age of 21 – and allow local governments to regulate and tax businesses that sell marijuana.

Using and growing marijuana in non-public places would also be allowed under Prop. 19.
The idea of a temporary moratorium, according to county staffers, is to give the county time to study the issue and come up with a plan on how to regulate medical marijuana cooperatives. The ordinance could be extended up to an additional ten months and 15 days beyond the original 45 days.

Still at issue, however, is how the inherent conflict with federal law - which bans the use, possession, and sale of marijuana - will be resolved.

California voters legalized medical marijuana in 1996, making it the first medical marijuana state, but the law did not police dispensaries or set up a system to hand out the drugs.

In 2003, the state Legislature passed the Medical Marijuana Program Act, which set up an identification system for medical marijuana users which allowed qualified patients and their primary caregivers to obtain medical marijuana.

The law, however, does not allow dispensaries to sell marijuana.

"It’s a battle between the implied interpretation of the law and the direct interpretation of the law," said Anthony Curiale, a Brea-based attorney for medical-marijuana dispensaries.

Marijuana is the most commonly used illicit drug in America, with 16.7 million Americans using marijuana at least once in the past month, according to a 2009 report by the Office of National Drug Control Policy.

Marijuana use in the United States is up 8 percent from 2008, a trend that the report says may be because of legalization campaigns, “medical marijuana” and a flood of pro-drug messages in pop culture.

Law enforcement officials accuse many dispensaries of hiding behind the guise of providing medicine to patients to operate highly profitable businesses that can pull in millions of dollars of profit a year.

Dispensaries, according to the California Police Chiefs Association, have been tied to organized criminal gangs and their inventory of cash and drugs have made them attractive targets for armed robbers and burglars.

Last month, a triple murder in West Hollywood was blamed on a marijuana heist. A La Habra woman was arrested on suspicion of possession of marijuana for sale. Her boyfriend was arrested on suspicion of gunning down three men because he didn’t want to pay for the marijuana they had bought from a local collective.

Other dispensaries owners have been attacked and murdered at their storefronts and homes, according to the police chiefs association.

Curiale, the medical marijuana dispensaries attorney, said medical marijuana collectives aren’t any different from banks, liquor stores and pharmacies which regularly get held up by robbers after money.

Sheriff’s officials declined through a spokesman to comment for this article.

Medical marijuana access has been growing since the Obama administration last year said people complying with state medical marijuana laws would no longer be subjected to federal drug raids and prosecution.

With no state oversight, cities and other local jurisdictions have been forced to police it themselves.

How that is done, and the logic behind it, has run the gamut. In Oakland, lawmakers commanded strict oversight of dispensaries, telling them where and how they can operate. The city of Los Angeles took a much more laisser-faire approach. The result - dispensaries popped up in mind-blowing numbers.

Then, the Los Angeles City Council had second thoughts, limiting the number of dispensaries to 70 and laying down the law on where and how they can operate.

With the new strict rules in place, Los Angeles city officials announced last month that only 41 marijuana dispensaries are eligible to stay in business.

“The problem with the cities is they take a bludgeon approach when what should be used is a scalpel,” said Curiale. “The answer is not to ban medical marijuana. The answer is to regulate medical marijuana.”

Any violation of Orange County’s emergency marijuana collective ordinance would be a misdemeanor.

The Board of Supervisors meet at 9:30 a.m. Tuesday at the Hall of Administration at 333 W. Santa Ana Blvd., Santa Ana.

Source: OC Register