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Chronic City

Chronic City: Darkness In San Diego -- Attack On Medical Marijuana Moving Northward

By Steve Elliott, Tuesday, Sep. 22 2009 @ 10:30AM
Comments (25)
Categories: Health, Law & Order
donnalambert.jpg
Courtesy Donna Lambert
San Diego medical marijuana patient Donna Lambert was arrested in Operation Green Rx as part of the "crackdown."
​
First, we heard from ambitious, headline-seeking San Diego District Attorney Bonnie Dumanis that there are "no such things" as legal medical marijuana dispensaries, despite state law. Now, even as a brutal crackdown on providers and patients is underway in San Diego County, officials from Los Angeles and other counties are being influenced by San Diego's anti-weed brigade to implement their hardline policies further north.

At a Long Beach City Council meeting yesterday, City Prosecutor Tom Reeves was still flushed with anti-ganja fervor as he told the council of attending a summit last week held by L.A. County DA Steve Cooley, where the message was that all dispensaries are illegal and will be prosecuted. What this means, he told the council, is that Long Beach can't or shouldn't try to regulate dispensaries.
blobfetch.asp.jpeg
longbeach.gov
Hardliner Long Beach prosecutor Tom Reeves: "You can't regulate illegal businesses."
​ "Over-the-counter sales are illegal," Reeves flatly stated. "So you're not helping us any," Councilwoman Tonia Reyes Uranga repied. "I'm helping you a great deal," Reeves snapped. "I just told you that you can't regulate illegal businesses."

So even as city governments in places like Long Beach honestly try to grapple with the real issues surrounding regulation and recognition of medical marijuana dispensaries -- including possibilities like taxation, on-site inspections and regulations similar to liquor stores or adult businesses -- their "legal experts" and law enforcement officials are giving them monumentally bad advice which seems to be in conflict with state law.

Not surprisingly, since those present couldn't agree on whether such a thing as a legal dispensary even exists, the Long Beach council didn't find a solution after two hours of discussion, and will continue wrestling with the issue at a future meeting.

San Diego: Bitter Intransigence and Stubborn Refusal

DA Bonnie M. Dumanis (sized).jpg
Office of Bonnie Dumanis
San Diego DA Bonnie Dumanis: arrest 'em all and let the courts sort it out
​
​San Diego County officials have simply refused to abide by the will of the voters and accept the state's medical marijuana law. For 13 years now, since the passage of Proposition 215 by voters in 1996, and even since the law was clarified and expanded by the Legislature with SB 420 in 2004, they've been fighting the practical implementation of legal medical marijuana.

The notoriously conservative San Diego County Board of Commissioners is well known for its irrational opposition to medical pot, even pursuing a quixotic and hopeless challenge to the law all the way to the U.S. Supreme Court, losing the case in every court that heard it, every step of the way.

Last week, the Board unanimously extended for 10 more months what had been a 45-day moratorium on new dispensaries in unincorporated areas of San Diego County. After its court challenge to the law was defeated, the Board began grudgingly issuing ID cards for medical marijuana users. But in the meantime, DA Dumanis has sent her raiders to shut down dispensaries and arrest their owners, creating a climate of fear and confusion among patients countywide.

The latest raids forced at least 14 dispensaries to close, and resulted in at least 33 arrests. Dumanis assembled strike forces of San Diego Police, San Diego County Sheriff's officers, DEA agents, and IRS agents to descend on the dispensaries, make arrests, seize cash and pot, and disrupt the local medical marijuana distribution system. Many patients who had come to depend on safe, legal access to the medicine recommended by their doctors were left in the lurch.

"I don't think Bonnie Dumanis has ever seen a 'legal dispensary' in 13 years," said Dion Markgraff, San Diego coordinator for Americans for Safe Access (ASA). "She can't follow the plain language of the law, but instead she holds some impossible standard that no one else knows about. The DA is sending in cops who lied to doctors to get valid recommendations, and then busting dispensaries that are operating according to the law."

"The question in court is, 'Can one medical marijuana patient help another and be exempt from sales charges?' " patient Donna Lambert, arrested back in February in the "Operation Green Rx" phase of Dumanis' crackdown, told the SF Weekly. "The answer is a clear yes, but San Diego has not yet accepted that. For a total of two quarter ounces of marijuana, they did a SWAT-style raid on my home, pointed assault rifles at me and tore my house apart," she said. Lambert is still fighting her case in court.

San Diego attorney Patrick Dudley has represented people accused of illegal use of medical marijuana. "Most people would say that the last battleground for medical marijuana is San Diego," Dudley told NPR. 

Under state law, medical marijuana patients and primary caregivers may "associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes" (§ 11362.775). But according to Dudley, San Diego law enforcement has shown no inclination to help dispensaries understand how to follow the law. Their approach, he says, is to arrest first and ask questions later.

Attorney General Jerry Brown's Guidelines for Medical Marijuana Dispensaries [PDF]

Chronic City: San Diego Says 'No Bongs For You!'

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chronic city
Comments (25) Write Comment
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Comments (25)

John davis says:

Wow, I like that. Major cool dude!

Posted On: Tuesday, Sep. 22 2009 @ 2:45PM
Lew Glendenning says:


These guys are protecting their jobs.

Thanks to the crime scares, the various 'wars on' and federal aid to police forces, we have way too many cops, firemen and prison guards. If we eliminate the arrests for possession of drugs, what will they all do?

In Sunnyvale, minor accidents result in 10 police cars and 5 large fire engines on the scene. The firemen drive to fire inspections and medical emergencies in their huge fire trucks. Nobody cares about costs in their world, and there are so many of them that they flock to minor problems.

It would be interesting to see how much crime is now due to under-employed crops soliciting it in some way or another.

Posted On: Tuesday, Sep. 22 2009 @ 2:51PM
John Smith says:

What a bitch. Let the courts decide? How about let each state decide and keep the Feds out of it. It's a plant, which has caused ZERO deaths.

Let's talk about prescribed medication, alcohol, and cigarettes that have documented astronomical deaths to their credit.

To hell with big pharma and this asshat.

Posted On: Tuesday, Sep. 22 2009 @ 2:55PM
jason says:

None of the elected officials mentioned in this article should ever get re-elected in any office again. This is how you make your voice heard. Tell your friends to vote, too!

Posted On: Tuesday, Sep. 22 2009 @ 2:59PM
Anonymous says:

The only problem is marijuana is illegal by federal law. The California state laws contradict federal law.

Posted On: Tuesday, Sep. 22 2009 @ 3:15PM
eastcoast aaron thinks this is disgusting says:

Police State Tactics for uncivilized gestapo thugs. Maybe they can make these patients wear a red letter or maybe tattoo their arm for their crime of using a dried medicinal flower. And they wonder why the war on drugs is a violent one. If that was my mother's medicine, you son of bitches, you'd be getting a assault rifle stuck right back in your jackboot faces, ransacking and pillaging private property. with no knock warrants, because you have no fear of the people anymore, we have been domesticated. You can only instill so much fear into the people, before they turn on you. You can't beat a dog over and over, and not expect it to bite you. They aren't accountable to the people. This is a scientific dictatorship and we are chattel property to Corporate Fascists.

Posted On: Tuesday, Sep. 22 2009 @ 3:19PM
norm says:

Why not pass a law making these RAIDS illegal?
Arrest the DA?
Arrest the cops that participate?

I bet that DA would have lots of "friends" in the general population lock up.

Posted On: Tuesday, Sep. 22 2009 @ 3:29PM
Jim says:

ATTENTION OLD PEOPLE WITH CLOSED MINDS:

WE ARE THE YOUTH. WE HAVE THE KNOWLEDGE. YOUR TIME IS DONE. YOUR RHETORIC IS DATED. TIME HAS COME FOR CHANGE. GET THE HELL OUT OF OUR WAY.

THE COLLECTIVE MOVEMENT

Posted On: Tuesday, Sep. 22 2009 @ 3:35PM
samoan says:


Granted controlling our kids today is not an easy thing and most are spoiled brats getting what they want because parents are too dumb and ignorant to educate.

Need municipal codes on how this stuff should work. The underground movement would love to see medical marijuana fail and all dispensaries go away.

tough call but throwing the baby out with the bathwater is not the solution.

perhaps bonnie's scare tactics are the best way for now. she won't be well liked and she won't be in office for the long term.

Posted On: Tuesday, Sep. 22 2009 @ 3:47PM
Delman says:

Keep marijuana illegal!

Posted On: Tuesday, Sep. 22 2009 @ 4:10PM
Ares997 says:

It is a little disturbing that ones suffering the most are the ones who are still suffering and have been in pain through health issues. They have chosen the use of marijuana, they know their condition better than anyone else. They know what the day holds for them, with or without marijuana, and they choose marijuana. Yet we have a whole nation of politicans telling patients, doctors, and the general populations what role marijuana plays in our society. What if penicilian or morphine, or advil was treated the same as marijuana has been for the last 100 years. How is it that for the entire history of or civilization marijuana has only become taboo in the last 100 years? It is also scarry when society is run by people with guns and chains. It's a plant let it exist in society without such a negative sigma. It is harmless and far less dangerous to society than everything else combined. You deity didn't have anything bad to say about marijuana in any of their books. What are you fighting us or something within?

Posted On: Tuesday, Sep. 22 2009 @ 8:53PM
AB390 says:

The law will not change until people get organized and speak up.

Legalize marijuana for ALL adults: http://yes390.org

Posted On: Tuesday, Sep. 22 2009 @ 9:36PM
Jane Doe says:

sure lets raid cancer patients homes for their marijuana stash.. forget about the crack heads and heroine addicts.

they wont ever stop the fight against marijuana but they sure like using our tax dollars to try. how about putting that money towards something useful.

Posted On: Wednesday, Sep. 23 2009 @ 1:09AM
RealiyChk says:

Where's all those promises that Obama had Eric Holder make to cannabis patients was it just more Obama lies to help DEA reload their attack on cannabis?
This administration is worse than the Bush admin, at least they were openly prejudice and you knew where Bush and his cronies were coming from. How come the media don't say something about why Holder is not stepping up to the plate on his promises to backoff California medical cannabis users?

Posted On: Wednesday, Sep. 23 2009 @ 4:18AM
Turtle says:

Make Liquor ILLEGAL!!

Posted On: Wednesday, Sep. 23 2009 @ 6:04AM
Jeff says:

The only way to deal with ignorant public officials who do exactly the opposite of what their constituents desire is to vote them out ASAP.

People like Bonnie can't seem to get out of their own way -- in a state as cash-strapped as California, you would think they would embrace laws that could lead to untold amounts of new revenue while simultaneously cutting out the costs of enforcing laws that are making illegal something that can help a great many people. The stubbornness of Bonnie in her crusade has to make one wonder if she isn't fighting someone else's fight for them. Or at least trying to.

Posted On: Wednesday, Sep. 23 2009 @ 9:00AM
Joe Ryan says:

Unless you live in San Diego you have no idea how bad its gotten. Bonnie Dumanis has an obsession with running interference for big pharm and other criminals. She has been covering up crime for the criminal set that runs San Diego for a long time. She was made the head of a task force investigating the murder of 40 or 50 prostitutes, most of whom were seen with SDPD police officers just before they're disappearance; and to nobody's surprise she used circumsatntial 'evidence' to pin ALL the murders on various other parties. She just spent the last 7 months persecuting me for speaking at a debate. I was kidnapped off the stage even though I was a qualified candidate for office, and even though I was not allowed to be excluded from the debate (because it was held at a public college using extensive government resources); and then I was put on trial, even though video tapes of the event (in the DA's possession) show that the arresting officer fabricated events surrounding my arrest. He can be seen taping my arrest (holding his recorder out in front of him), but that didn't stop Bonnie from suborning perjury. The DA and the PD department that kidnapped me, tried to hide dispatch tapes of the event, because they indicate Duncan Hunter jr. was one of the parties that instigated my kidnapping. The local media hates me, so they flipped-out when I showed-up at the event and they also got involved in instigating my arrest. Then the local TV channels that showed up and taped the debate, claimed their cameramen never actually turned on their cameras. The tapes show the involvement of Duncan Hunter's staff in formulating a rout to drive me from the stage, so they have disappeared. When I went to court I had a 21 page motion to compel discovery overruled without the cover ever being opened and one word of the motion read. The ACLU won't help me because I oppose globalism; so I learned how to be a defense attorney and I kicked Dumanis' butt in jury trial. It took the jury all of about 5 seconds to rule 12-0 in my favor. That's what happens when you charge someone with a crime and the statute says - on its face - that it can't be used to prosecute someone who speaks at a debate! She simply harassed me for 7 months and broke numerous laws (committing many, many felonies) just to stop me from running for office in 2010 against homophobe/neocon Duncan Hunter. Duncan Hunter's qualifications for office are he spent a few months loading phosphorous shells to bomb people in iraq with. He's made up his whole resume, but the SDPress won't bust him, and they won't tell anyone about my secret trial. My trial was a secret and it will remain so in San Diego because the San Diego Union's reporter was one of the poeple who instigated my arrest. You can't make this stuff up.

Look at pictures from 5 years ago and now, and its clear she's either on meth or diet pills. Her personality bears out the same conclusion. Her obvious meth or diet pill addiction may explain her irrational obsession with marijuana and my prosecution.

Posted On: Wednesday, Sep. 23 2009 @ 11:35PM
Joe Ryan says:

p.s. I was the only candidate who had the guts to stand up in the East County tow-to-tow against Duncan Hunter's army of homophobes and marijauna prohibitionist and declare myself as absolutely against prop 8 and for legalization. Meanwhile Duncan Hunter was Duncan Hunter, and the Democrat copped out with a 'state-rights argument'. So what does the gay DA do; try and knock me out of next years' congressional race. Her obsession with marijuana and protecting neocons rules over other civil rights consideration.

I keep hear people talking about voting Bonnie Dumanis out, but NOBODY will dare run against her and her criminal associates. She's in for another 4 years of terror.

Posted On: Wednesday, Sep. 23 2009 @ 11:41PM
web says:

I live in SD and the people i know within that industry have told me the cops routinely "drop by" and "hang out". Its intimidation tactics at their worst.

The city is trying everything they can to thwart the laws. I agree that Dumanis needs to go, but its also the county board of supervisors that also has to be dealt with at the ballot box.

Posted On: Thursday, Sep. 24 2009 @ 5:52AM
Chanvre Collective says:

San Diego law enforcement has shown no inclination to help dispensaries understand how to follow the law and has become a rigid enforcement body. Under California law, medical marijuana dispensaries must be nonprofit collectives. The pot is supposed to be grown and used only by members of the collective. Marijuana users must have a doctor's recommendation. As a collective, we adhere to these requirements, HOWEVER; the city has determined that we are no longer allowed to operate since we are not in the appropriate zone as designated by SD420. Note that San Diego has removed this zone, and has renamed it. This is a legal loop hole that allows the city to continue to violate it’s residents’ rights. “The city's Development Services Department has suspended its approval of permits, pending a review of zoning laws.”

Posted On: Thursday, Sep. 24 2009 @ 3:16PM
Madness says:

So here's the deal (and this is coming from a guy who's only 24):

Unfortunately marijuana dispensaries DO attract crime. A "Mobile dispensary" was making a delivery for a "patient" in the Bayview. Guess what happened- the Scion Xa the guy was driving got flipped over, literally, by a couple Samoan guys, who then robbed dude of all the weed and cash. And dispensaries do get robbed. So do people coming and going.

As far as people smoking weed, I really dont give a squat. However, whenever you have a large scale grow, you will attract crime. Nature of the beast so to speak.

As far as legally? Well, Fed law states Marijuana is illegal. Last time I checked, Fed law trumps state law. States can be more restrictive, but not more lenient. Otherwise we'd have a much more free gun trade in CA. So as far as the police "violating civil rights," last time I checked in Civics class, they're upholding federal law. Hey, sorry to everyone who wants to smoke weed, but it's still illegal, even if the State chooses to ignore it. Smoke all you want, but acknowledge the risk.

One last quip I gotta put out there: If you do smoke, do it responsibly. You smoke and drive, guess what, you're impaired, and subject to a DUI/DWI.

Posted On: Friday, Sep. 25 2009 @ 7:52PM
mara says:

For all the people who reflexively regurgitate that Federal law trumps state law re: medical marijuana, this is the law:

States are free to legislate medical practices. Because California's Compassionate Use act regulates medical practices, it does NOT conflict with the Federal Controlled Substances Act and is therefore NOT superseded by it.

Sorry if you don't like it but THAT'S THE LAW and NO CONFLICT EXISTS. Read County of San Diego v. San Diego NORML (2008) 81 165 Cal.App.4th 798.

Posted On: Monday, Sep. 28 2009 @ 10:04AM
the law says:

What the law specifically states is that marijuana is not legal in California, but that California has chosen, by the voters and supposedly enforced by the legislature, to not incriminate and/or prosecute patients who have an official recommendation by a certified doctor to use marijuana for their ailments. So yes, its not legal to own or sell marijuana, but IT IS STATE LAW that the state, counties and cities CANNOT prosecute a patient if they are following these guidelines. Therefore, no contradiction of federal and state laws, they are merely completely separate jurisdictions.

It also says cooperatives/collectives may be formed to grow and dispense medical marijuana to patients as long as they are incorporated as a nonprofit and follow nonprofit guidelines and a bunch of other unclear and in-concise rules and regulations. This doesn't mean that those running the collectives cannot make money because the guidelines also specifically state providers of medical marijuana are allowed to be paid for their time and effort, as they or anyone else should be, especially if they are doing it full time.

Thats not to say they're weren't any illegal activities goin on in some of the collectives, but many of them were legit. Its not their fault the laws and guidelines are unclear.

Posted On: Tuesday, Sep. 29 2009 @ 5:40PM
Madness says:

Hey Mara...I didn't know the FDA approved Marijuana as the treatment for anything, ever. So I'm curious how "medically" weed is authorized under federal law? I know I sound like an a-hole, but I am actually curious. I bet there's some FDA lawyers, DEA lawyers, and CA lawyers who'd love to fight over that one.

Posted On: Friday, Oct. 2 2009 @ 2:16AM
mara says:

In response to Madness - the FDA has not yet approved cannabis for anything because the DEA has obstructed each and every attempt to have it properly classified as a Schedule II or III drug. There have been several rulings by administrative law judges on this issue and each time the DEA steps in and thwarts the progress of legitimate science.

Not only does the federal government recognize the medicinal value of marijuana, they have obtained a PATENT relating to the neuroprotective properties of it. The US is just getting all its ducks in a row so when we do re-classify it, the government will be first in line to profit from it. It is so unbelievably sad how so many people buy whatever garbage the government spews out and assume it to be FACT without using logic or reason to evaluate the facts.

Posted On: Monday, Oct. 5 2009 @ 8:40AM

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