Attorney Ryan Hurley’s Article about Fear as a Political Weapon

Medical marijuana advocate Ryan Hurley wrote an article about the recent actions taken by Arizona’s Attorney General and Maricopa County Attorney.  The article says:

“I can sum it up in one word:  FEAR.  When Mr. Montgomery held his press conference he said he would vigorously work towards the arrest and prosecution of anybody helping patients acquire their medicine.  He even went so far as to say patients are NOT protected from arrest and prosecution!  These words were intimidating, and completely without compassion for suffering patients, but most importantly there were not entirely true.”

By |2017-02-12T07:39:20-07:00August 31st, 2012|Stories & Articles|1 Comment

Nevada Supreme Court to Rule on Medical Marijuana Law

Las Vegas Sun:  “A ruling that Nevada’s medical marijuana law is unconstitutional has put the issue before the state Supreme Court and has lawmakers again pushing to clarify how patients can legally obtain the drug.  After several medical marijuana dispensaries set up shop around Las Vegas in recent years, a task force from the Metro Police Department and the District Attorney’s Office began working with federal authorities on a series of high-profile raids. . . . Most of the medical marijuana dispensaries in Las Vegas have been shut down, he said. They were acting as for-profit entities and required a donation to belong”

The two Nevada cases involve the Jolly Green Meds dispensary and the Sin City Co-op dispensary.

By |2012-08-31T07:21:14-07:00August 31st, 2012|Legal Issues, Stories & Articles|Comments Off on Nevada Supreme Court to Rule on Medical Marijuana Law

Henderson Brothers Plead Guilty to Federal Marijuana Charges

Las Vegas Sun:  “Two Henderson brothers accused of running a medical marijuana dispensary in Las Vegas and growing marijuana in a Henderson office complex pleaded guilty Thursday to conspiring to distribute more than 100 marijuana plants, federal authorities announced.”

By |2012-08-31T06:26:53-07:00August 31st, 2012|Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off on Henderson Brothers Plead Guilty to Federal Marijuana Charges

Arizona Court of Appeals Case may Consider if Federal Law Preempts Arizona’s Medical Marijuana Act

The Yuma Sun has a story about  Valerie Okun, a California medical marijuana patient who was stopped for possessing marijuana in Arizona and cited for violating Arizona’s drug law.  Valerie’s case  was dismissed, but Yuma County Sheriff Ralph Ogden refused to return her marijuana.  Valerie sued the Sheriff to get the pot and an Arizona court commissioner ordered the Sheriff to return the weed.  According to Howard Fischer, the reporter who wrote the story, the case has been appealed to the Arizona Court of Appeals.  If so the case could be the first Arizona appellate court case to rule on whether federal law preempts Arizona’s medical marijuana laws.

By |2015-04-06T18:55:44-07:00August 28th, 2012|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Arizona Court of Appeals Case may Consider if Federal Law Preempts Arizona’s Medical Marijuana Act

Study Finds Cannabis Smoking ‘Permanently Lowers IQ’

The Telegraph: “Teenagers who regularly smoke cannabis are putting themselves at risk of permanently damaging their intelligence, according to a landmark study. Researchers found persistent users of the drug, who started smoking it at school, had lower IQ scores as adults. They were also significantly more likely to have attention and memory problems in later life, than their peers who abstained.  Furthermore, those who started as teenagers and used it heavily, but quit as adults, did not regain their full mental powers, found academics at King’s College London and Duke University”

By |2012-08-28T06:13:04-07:00August 28th, 2012|Stories & Articles|Comments Off on Study Finds Cannabis Smoking ‘Permanently Lowers IQ’

Medical Pot Tests Boss-worker Relations

Arizona Republic:  “Across Arizona, employers and workers are settling into an uneasy relationship with medical marijuana. While a 2010 voter-approved law forbids employers from discriminating against medical-marijuana patients, the law provides no protection for employees who are impaired at work.  And a 2011 law gave some businesses additional authority to penalize workers if they are believed to be impaired at work.  Still, employers across Arizona are grappling with how to handle workers who are now legally permitted to use marijuana.”

By |2012-08-27T06:17:38-07:00August 27th, 2012|Stories & Articles|Comments Off on Medical Pot Tests Boss-worker Relations

California Supreme Court Throws Out Medical Marijuana Dispensary Ban Case As Moot

American for Safe Access:  “The California Supreme Court dismissed review yesterday [August 23, 2012] of an important appellate court ruling affecting medical marijuana dispensaries throughout the state. Specifically, the High Court threw out the controversial decision in Pack v. City of Long Beach, which previously held that federal law preempted some forms of dispensary regulations. The Pack decision has been used by several municipalities, including Los Angeles and Long Beach, to suspend or ban outright the distribution of medical marijuana. However, yesterday’s dismissal of the Pack decision throws into question the viability of such bans.

For more about this case read “Attorney For Patients In Pack Vs. Long Beach Speaks Out” and “After High Court punts, pot regs back on table: Supreme Court decision vacates controversial ruling.”

Maricopa County Attorney Bill Montgomery cited Pack vs. Superior Court (aka Pack vs. City of Long Beach) in his Motion for Summary Judgement in White Mountain Health Center, Inc., vs County of Maricopa.  He cited the case to support his claim that Arizona’s medical marijuana law is preempted by federal law, but the case no longer stands for that legal conclusion.

By |2019-06-14T08:26:13-07:00August 25th, 2012|California News, Stories & Articles|Comments Off on California Supreme Court Throws Out Medical Marijuana Dispensary Ban Case As Moot

23 Seattle Marijuana Dispensaries Get DEA Notification Letters

Toke of the Town:  “The Obama Administration’s medical marijuana crackdown came to Seattle in a big way today. On Thursday, the Drug Enforcement Administration sent notification letters to the operators and property owners of 23 ‘marijuana store fronts,’ as they called them, ‘located in school zones.’ The letters informed the owner/operators that such enterprises ‘operating as ‘dispensaries’ ‘ within 1,000 feet of a school, playground or ‘other prohibited area, could result in the seizure and forfeiture of assets, as well as criminal prosecution.’ The seizure could include the property where the dispensary operates, any money received from the business, and potential criminal prosecution”

By |2012-08-25T07:16:44-07:00August 25th, 2012|Federal Dispensary Attacks, Stories & Articles|Comments Off on 23 Seattle Marijuana Dispensaries Get DEA Notification Letters

Denver Bans Medical Marijuana Advertising Outdoors

Denver Post:  “The Denver City Council on Monday gave final approval to a ban of all outdoor medical-marijuana advertising in the city.  No billboards. No posters or bus benches or windshield leaflets. No sign-twirlers.  In a vote that lasted less than a minute, the council approved the citywide ban unanimously.”

By |2012-08-25T07:13:30-07:00August 25th, 2012|Colorado News, Stories & Articles|Comments Off on Denver Bans Medical Marijuana Advertising Outdoors

Prosecutors Challenge Med Pot Law

AZ Daily Sun:  “The state’s top prosecutor asked a judge Thursday to void a key provision in Arizona’s 2-year-old medical marijuana law.  In legal papers filed in Maricopa County Superior Court, Attorney General Tom Horne argued that voters are legally powerless to authorize anyone to sell marijuana as long as it remains illegal under federal law.  The real goal is to get a ruling declaring the state and federal laws in conflict. Horne said that will then allow him to direct the state Department of Health Services to halt the current process of licensing up to 126 dispensaries to sell the drugs even before the first one has opened its doors.”

By |2012-08-25T07:08:46-07:00August 25th, 2012|AZ Marijuana Law Lawsuits, Legal Issues, Stories & Articles|Comments Off on Prosecutors Challenge Med Pot Law

Lottery does Little to Clear Air on West Valley Medical-marijuana Dispensary Sites

Arizona Republic:  “The West Valley could see as many as a dozen medical-marijuana dispensaries if every applicant selected in a bingo-style state lottery earlier this month opens for business.  But it’s unclear exactly where the proposed dispensaries, which would be allowed to grow and sell marijuana, would open. A state confidentiality law prohibits the Department of Health Services from releasing the locations of the dispensaries or the names of selected applicants.”

The story mentions White Mountain Health Center Inc., Arizona Organix Inc., PP Wellness Center, Branden Orr, Daniel Coogan, owner of Golden Leaf Wellness Inc., Michael Morrow and Valley of the Sun Medical Dispensary Inc.

By |2012-08-25T07:05:40-07:00August 25th, 2012|Tax Issues|Comments Off on Lottery does Little to Clear Air on West Valley Medical-marijuana Dispensary Sites

Long Beach PD Working with DEA Bust Medical Marijuana Dispensary Arrest Owner

LBreport.com:  “Long Beach Police Chief Jim McDonnell announced the August 22 arrest of Jon Storms, an ELB resident who police allege operated Long Beach Quality Caregivers, a medical marijuana dispensary at 1150 San Antonio Rd., on LBPD arresting charges of sale of marijuana and possession of marijuana for sale. . . . ‘we estimate the gross sales from this dispensary to be between one and two million dollars a year’.”

By |2012-08-25T06:59:01-07:00August 25th, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off on Long Beach PD Working with DEA Bust Medical Marijuana Dispensary Arrest Owner

Arizona Attorney General & Maricopa County Attorney Sue to Stop Arizona’s Medical Marijuana Industry

The following is the text of a press release issued by Arizona Attorney General Tom Horne on August 23, 2012:

Maricopa County Attorney Bill Montgomery and Arizona Attorney General Tom Horne are each filing separate motions for summary judgment in Superior Court today seeking to resolve conflicting issues raised by the Arizona Medical Marijuana Act (AMMA). Today’s filings are the latest response to a lawsuit filed by White Mountain Health Center against Maricopa County and the Arizona Department of Health Services (DHS) and ask the Court to determine whether the AMMA is preempted by federal law prohibiting the possession, distribution and cultivation of marijuana.

“It is the County’s position that the AMMA is in direct violation of the federal Controlled Substances Act and therefore cannot be implemented without exposing County employees to the risk of federal prosecution,” Montgomery said. “The AMMA also runs afoul of the Supremacy Clause enshrined in the U.S. Constitution by our Founding Fathers, which preempts state law that conflicts with federal law,” he added.

Attorney General Tom Horne stated: “I was recently asked by 13 out of the 15 County Attorneys in Arizona to issue an Opinion on whether the AMMA is pre-empted by federal law. The two most recent cases, from California and Oregon, clearly hold that states may not authorize what federal law prohibits. These rulings stem from Article Six of the U.S. Constitution, which, in case of conflict gives supremacy to federal law. Therefore, state authorization for growing or selling marijuana is prohibited under federal law and we are therefore asking the court to dismiss the Plaintiff’s complaint.”

On June 20, 2012 White Mountain Health Center sued Maricopa County and DHS after the County, on the advice of the County Attorney, declined to issue the necessary zoning permits that would allow the Center to operate a non-profit medical marijuana dispensary and cultivation site in Sun City. The case is being heard by Judge Michael D. Gordon.

Related stories: “AG files court papers to ultimately halt licensing of Arizona medical marijuana dispensaries” and “Tom Horne and Bill Montgomery Make Their Move to Nix Arizona’s Medical Marijuana Law.”

By |2015-04-06T18:54:43-07:00August 24th, 2012|AZ Marijuana Law Lawsuits, Legal Issues, Stories & Articles|Comments Off on Arizona Attorney General & Maricopa County Attorney Sue to Stop Arizona’s Medical Marijuana Industry

DOJ Sues More Landlords in California to Take Their Property

L.A. Now:  “Federal officials filed suit Tuesday to seize Anaheim properties that house six marijuana dispensaries as part of an ongoing crackdown on the commercial pot business.  Among the targets of the suits, according to the U.S. attorney’s office, is a building at 503 North Anaheim Blvd. housing two marijuana shops — AAA Wellness Center and Anaheim Patients Assn. . . . The suits also target other pot shops that previously received cease-and-desist letters from the city -– Premium Organic Treatments PCA, Mid-County Patients Assn., and DKG Group Corp. . . .  and Releaf Health & Wellness at 2601 W. Ball Road. . . . Federal authorities also sent warning letters in connection with more than 60 other pot operations in Anaheim and La Habra.  federal authorities said they have filed 16 asset forfeiture suits since October in California’s seven-county Central District.”

Attention Arizona Landlords Who Have Prospective Medical Marijuana Dispensaries as Tenants

Despite statements from legal scholars such as Arizona Republic columnist EJ Montini, certain Arizona attorneys and proponents of Arizona’s Medical  Marijuana Act that everything is groovy for prospective Arizona medical marijuana dispensaries, the land forfeiture lawsuits filed by the Department of Justice would seem to be a clear warning to every landlord and land owner that if your land is used grow, store or sell medical marijuana the U.S. government

MAY TAKE  YOUR LAND!!!

By |2012-08-22T07:08:34-07:00August 22nd, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles|Comments Off on DOJ Sues More Landlords in California to Take Their Property

Indictment: Denver Marijuana Dispensary Part of Illegal Pot Ring

Denver Post:  “The Colorado Attorney General’s office has obtained a 59-count indictment against 11 people on allegations of running a multi-state marijuana-distribution ring that included black-market sales from a medical-marijuana dispensary.  In the indictment, released Monday, the Attorney General’s office accuses the 11 of violations of the Colorado Organized Crime Control Act. The indictment accuses the group of moving hundreds of pounds of marijuana through the U.S. mail and on the ground to states from Arizona to Florida to Massachusetts.”

By |2012-08-25T08:04:59-07:00August 22nd, 2012|Colorado News, Marijuana Crimes, Stories & Articles|Comments Off on Indictment: Denver Marijuana Dispensary Part of Illegal Pot Ring

Arizona Attorney General’s Radio Interview on Arizona’s Medical Marijuana Act

Bill Buckmaster interviewed Arizona Attorney General Tom  Horne on August 21, 2012, about his legal opinion that the Arizona Medical Marijuana Act is partially preempted by federal law.  The AG said his office will intervene in a Maricopa County Superior Court case and seek a court ruling that confirms his nonbinding legal opinion.

By |2015-04-06T18:55:44-07:00August 22nd, 2012|AZ Marijuana Law Lawsuits, Legal Issues, Stories & Articles|Comments Off on Arizona Attorney General’s Radio Interview on Arizona’s Medical Marijuana Act

Debate: Should Owners of Arizona Medical Marijuana Dispensaries be Prosecuted?

ABC15.com:  “Each Sunday, ABC15.com debuts an Arizona issue – along with two opposing sides on the topic. . . . This week we’re tackling the debate on whether or not winners of the Arizona Department of Health Services Medical Marijuana Lottery should be prosecuted.  Sunny Singh, Chief Operations Officer & Owner of weGrow Phoenix, says winners should not be prosecuted because it would continue to delay a potentially lucrative program that’s already been stalled.  Bill Montgomery, Maricopa County Attorney, says while his office has never advocated prosecuting winners, dispensary operators could face prosecution for several reasons.”

By |2017-02-12T07:39:20-07:00August 21st, 2012|Legal Issues, Marijuana Crimes, Stories & Articles|Comments Off on Debate: Should Owners of Arizona Medical Marijuana Dispensaries be Prosecuted?

ACLU Tells San Diego U.S. Attorney Laura Duffy To Shut It

East Bay Express:  “San Diego’s U.S. Attorney Laura Duffy sure has some strong opinions about medical weed. . . . Duffy . . . has gone on to threaten local city officials in Del Mar with jail time for administering lawful medical cannabis regulations.  Last week, the American Civil Liberties Union told Duffy to can it. Registered voters in Del Mar will have a choice to regulate clubs at the ballot box this November, and Duffy’s threats against Del Mar officials amount to “unjustified interference in local legislative matters,” wrote David Loy, legal director for the ACLU of San Diego and Imperial Counties, in an open letter.”

Laura Duffy wrote her letter of July 17, 2012, in response to a request from Del Mar, California, City Attorney Leslie Devaney “concerning the Department of Justice’s guidance on investigations and prosecutions in states and cities that authorize the medical use of marijuana.  This letter is written to clarify the U.S. Department of Justice’s guidance on this issue.”  Ms. Duffy’s letter states:

“You raised concerns with respect to the citizen-drafted City of Del Mar Compassionate Use Dispensary Regulation and Taxation Ordinance (“Ordinance”) which has qualified with sufficient signatures to be placed on the November 2012 ballot in the City of Del Mar, California. . . . State and City employees who conduct activities mandated by the Ordinance are not immune from liability under the CSA.”

By |2017-02-12T07:39:20-07:00August 21st, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes|Comments Off on ACLU Tells San Diego U.S. Attorney Laura Duffy To Shut It

Colorado Court Ruling Agrees with Attorney General Horne & Says Medical Marijuana Trumped by Federal Law

Denver Post:  “A state court ruling in a legal dispute between a medical-marijuana grower and a dispensary has laid bare an argument that could be the undoing of Colorado’s medical-marijuana system.  Grower Quincy Haeberle sued Blue Sky Care Connection and its manager, Laura Lowden, after saying he delivered $40,000 worth of marijuana to the business and wasn’t paid. . . . But, in an order issued this month, Arapahoe County District Court Judge Charles Pratt found in favor of the dispensary. Because all marijuana sales are illegal under federal law, Pratt reasoned that the contract between grower and dispensary was void — in line with longstanding legal precedent that contracts concerning illegal activities are invalid.”

The judge made the following statement in his order:

“(A)ny state authorization to engage in the manufacture, distribution or possession of marijuana creates an obstacle to full execution of federal law. Therefore, Colorado’s marijuana laws are preempted by federal marijuana law.”

Read “Arizona Attorney General’s Opinion Kinda Corrects Arizona Governor & Concludes Arizona’s Medical Marijuana Act is Partially Preempted by Federal Law” which contains the following quote from a legal opinion issued by Arizona Attorney General Tom Horne”

Because of federal prohibitions, those AMMA provisions and related rules that authorize any cultivating, selling, and dispensing of marijuana are preempted.”

By |2012-08-25T08:05:07-07:00August 19th, 2012|Colorado News, Legal Issues, Stories & Articles|Comments Off on Colorado Court Ruling Agrees with Attorney General Horne & Says Medical Marijuana Trumped by Federal Law

New U.S. Attorney for Arizona John Leonardo Continues DOJ’s Refusal to Say If It Will or Will Not Prosecute Arizona Medical Marijuana Dispenary Owners

KJZZ’s Steve Goldstein interviews John Leonardo who was recently appointed as the U.S. Attorney for Arizona.  Mr. Leonardo says the following in the interview:

Question:  “Can you give us the perspective on how this office is going to how that jives with state and federal law?”

John Leonardo: “It’s an unusual situation in that state law conflicts with federal law and of course when that happens federal law prevails.  Having said that I think the Department of Justice has spoken with one voice.  All U.S. Attorney’s that I am aware of have addressed have all concurred in that statement that is that the possession of marijuana is a violation of federal law, but we are going to concentrate our resources on prosecuting those that are significant traffickers under the Controlled Substances Act.  We doubt that it would be a efficient and appropriate use of our limited resources to be prosecuting people who are in compliance with state law and perhaps using marijuana as part of a medical treatment for some serious disease such as cancer or something along those lines.”

Mr. Leonardo’s statement that the DOJ won’t prosecute seems limited to patients, but he did not address whether his office will prosecute Arizona licensed medical marijuana dispensaries, their owners and landlords.  Why?

Why does the Department of Justice refuse to state in clear understandable terms whether it will prosecute people who are involved in growing, selling and possessing marijuana in connection with providing services for a medical marijuana dispensary that is licensed by the Arizona Department of Health Services and complying with Arizona’s medical marijuana laws? The following statement is the stated and restated position of the Department of Justice with respect to state legal medical marijuana:

“The federal government will ‘vigorously enforce’ federal laws against those who ‘operate and facilitate large marijuana production facilities and marijuana production facilities involved in the cultivation, sale and distribution of marijuana, even if purportedly for medical purposes’.”

What the DOJ has done is prosecute some dispensaries and their owners and not prosecute others.  See Federal Attacks on Dispensaries.  The decision to prosecute or not prosecute seems to be completely at the whim of the DOJ.  For example, the largest medical marijuana dispensary in the U.S. is Harborside Health Center in Oakland, but it has not been shut down nor have its owners been charged with violating federal marijuana laws.  Instead, the DOJ seeks to cause the owners of the land on which Harborside operates two dispensaries to forfeit the land and the IRS is seeking millions of dollars in back taxes from Harborside.  See “IRS Claims Harborside Health Center Owes $2.5 Million in Back Taxes on Sales of $22 Million” and “Feds Sue to Take Land Occupied by Harborside Health Center, the Largest Medical Marijuana Dispensary in the US.”

Why won’t the DOJ tell people exactly when it will prosecute and when it will not prosecute state legal medical marijuana dispensaries?  The DOJ has a duty to be clear on this issue.  If its goal is to prevent the growing and selling of medical marijuana in all or some circumstances then tell the public in clear unambiguous statements what it will do.  Why keep people in the dark and allow them to spend huge amounts of money and spend large amounts of time to pursue an activity that will result in convictions for felonies and jail time?  Not only will clarity save people from making a bad decision it will also save the DOJ tons of money because the DOJ will not have to prosecute people who will get involved with medical marijuana dispensaries because they mistakenly read the DOJ’s statements as saying the DOJ won’t prosecute state legal medical marijuana dispensaries.

Plea to Mr. John Leonardo, the U.S. Attorney for Arizona

Please do the right thing with respect to the people who intend to open medical marijuana dispensaries in Arizona.  If you are going to raid and shut down dispensaries and prosecute those involved then tell them now in clear unambiguous terms.  Do your duty.  Deterrence may not work for many crimes, but it will definitely work with respect to the owners of prospective Arizona medical marijuana dispensaries.  These people are now spending large amounts of money that they would not spend if they knew they were going to  be prosecuted or their business was going to raided and shut down even if they will not be prosecuted.

By |2012-08-18T10:57:51-07:00August 18th, 2012|Stories & Articles|Comments Off on New U.S. Attorney for Arizona John Leonardo Continues DOJ’s Refusal to Say If It Will or Will Not Prosecute Arizona Medical Marijuana Dispenary Owners

Arizona Medical-Marijuana Card Database Used Frequently by Cops and Employers

Phoenix New Times:  “A database of everyone who has an Arizona medical-marijuana card is being well-used by employers and law enforcement officials, a report of database users shows. . . . As of last week, 2,646 access accounts have been created for people to check on the validity of medical-marijuana cards. . . . Of the 2,646 total accounts, 851 are from a single police agency — Phoenix police. . . . Click here to see the list (in Excel spreadsheet format) of account holders with access to the DHS medical-marijuana database as of August 11

By |2012-08-17T07:57:22-07:00August 17th, 2012|Stories & Articles|Comments Off on Arizona Medical-Marijuana Card Database Used Frequently by Cops and Employers

Arizona Republic Rips Maricopa County Attorney’s Because of His Threats to Prosecute Medical Marijuana Patients & Dispensary Owners in Maricopa County

Arizona Republic:  “Maricopa County Attorney Bill Montgomery, like county attorneys across Arizona, is no fan of the state’s medical-marijuana program. . . . But that doesn’t excuse the saber rattling he engaged in last week.”

For more on Montgomery’s threats read “Maricopa County Attorney Warns Everybody in Maricopa County Not to Grow, Sell or Distribute Marijuana Because He Will Prosecute Violators for Felonies.”

By |2012-08-16T07:05:11-07:00August 16th, 2012|Legal Issues, Stories & Articles|Comments Off on Arizona Republic Rips Maricopa County Attorney’s Because of His Threats to Prosecute Medical Marijuana Patients & Dispensary Owners in Maricopa County

Arizona DPS Raids Home of Medical Marijuana Patients

East Valley Courier:  “The Department of Public Safety served a search warrant Tuesday afternoon for the cultivation of marijuana at a home where two medical marijuana patients live. . . .The actual amount of usable cannabis buds was about two pounds, according to DPS detective Lance Shupe.  It was the second DPS-led raid on the home of William Larry Hess in as many years. . . . Detective Shupe said Hess’ rock/metal wall reached a maximum height of only eight feet and was not compliant with the regulations.  ‘Even though a marijuana patient can have 12 plants each, they were in violation of cultivating,’ Shupe said.”

By |2012-08-16T06:59:38-07:00August 16th, 2012|Marijuana Crimes, Stories & Articles|Comments Off on Arizona DPS Raids Home of Medical Marijuana Patients

Medical Pain Relief, Inc. Gets Dispensary Registration Certificate for Casa Grande

Trivalleycentral.com:  “Medical Pain Relief Inc.’s number came up Tuesday in a lottery for a medical marijuana dispensary in Casa Grande. Medical Pain Relief, a Scottsdale nonprofit, was one of four applicants in the drawing for a dispensary in the Casa Grande area. . . . According to city records, the winning applicants proposed a medical marijuana dispensary in a building at a medical plaza east of Casa Grande Regional Medial Center. The address at 1860 E. Salk Drive falls within a medical marijuana zoning overlay created by the city. . . . Arizona Corporation Commission records list the directors as William and Mary Kostrivas of Scottsdale.”

By |2019-06-14T08:26:13-07:00August 16th, 2012|Stories & Articles|Comments Off on Medical Pain Relief, Inc. Gets Dispensary Registration Certificate for Casa Grande

Denver May Ban Advertising for Medical Marijuana

Some members of the Denver city council must be saying “First amendment!  We don’t need no stinking First Amendment!” because they are considering passing an ordinance that would eliminate outdoor medical-marijuana ads in Denver, except for signs on the businesses themselves.  See “Denver medical marijuana advertising ban passes key vote.”

By |2012-08-16T07:21:30-07:00August 14th, 2012|Stories & Articles|Comments Off on Denver May Ban Advertising for Medical Marijuana

Aaron Sandusky Discusses His Prosecution for Alleged Violations of Federal Drug Laws

Reason TV produced a six minute video about the recent arrest of California medical marijuana dispensary owner Aaron Sandusky. “This is a Constitutional battle, and we’re going to defend our rights,” says Aaron Sandusky who faces federal drug trafficking charges despite operating his dispensary within California’s medical marijuana laws.  Sandusky was interviewed after his recent release from jail on bail pending his trial.

httpvh://youtu.be/9R7XNPYZ73M

By |2012-08-14T07:16:50-07:00August 14th, 2012|California News, Federal Dispensary Attacks, Marijuana Crimes, Stories & Articles, Video|Comments Off on Aaron Sandusky Discusses His Prosecution for Alleged Violations of Federal Drug Laws

Colorado Court Rules Contract Between Marijuana Grower & Dispensary Not Enforceable

Denver Westword Blogs:  “a just-issued decision in Arapahoe County District Court may be the most sweeping to date in Colorado. The conclusion: The medical marijuana industry here and in other states is illegal. Period. . . . It involves a medical marijuana grower whose name is being withheld at his request and Blue Sky Care Connection, a dispensary in Littleton. The plaintiff maintains that he delivered approximately $40,000 worth of MMJ between June and October of 2010, but he never received compensation.”

In the case of Undisclosed Plaintiff vs. Laura Lowden & Blue Sky Connection, LLC, the Colorado Court said:

“Colorado’s marijuana laws are preempted by federal marijuana law. Similarly, in Emerald, the Oregon Supreme Court held that Oregon marijuana law is without effect because Oregon’s marijuana laws are preempted by federal law. 230 P.3d at 529. . . . Consequently, contracts for the sale of marijuana are void as they are against public policy. Accordingly, the contract here is void and unenforceable.”

For more on this case read “Medical marijuana at state level found illegal in potential blockbuster court ruling.”

This Colorado case and the Arizona case of Michele Rene Hammer v. Today’s Health Care II means that two state courts have reached the same conclusion, i.e., contracts that involve medical marijuana will not be enforced because they are against public policy.  For more on the Arizona case see “What Does the Case Mean to People Considering Becoming Involved in Arizona Medical Marijuana Dispensaries?

Blue Sky Connection Medical Marijuana Case

By |2012-08-25T08:05:15-07:00August 13th, 2012|Colorado News, Legal Issues, Stories & Articles|Comments Off on Colorado Court Rules Contract Between Marijuana Grower & Dispensary Not Enforceable

New Book Claims Eric Holder Started War on Medical Marijuana Dispensaries to Distract Attention from Fast & Furious

The Daily Caller:  “In late 2011, Attorney General Eric Holder authorized raids against marijuana dispensaries in California, where medicinal marijuana is legal, in an effort to create a distraction from the congressional investigation into Operation Fast and Furious, a new book set for release Tuesday claims. . . . questions how Obama — the ‘Choom Gang kid’ who smoked marijuana with his friends in Hawaii as a teenager — could ‘unleash the dogs of the drug war against a thriving business sector when times were tough economically and jobs were scarce?  Team Obama’s decision to crack down on the medical marijuana industry wasn’t motivated by public health concerns,’ Lee writes, answering his own question. ‘The Justice Department green-lit a scorched earth campaign against medicinal cannabis in order to placate law enforcement and control the damage from the Fast and Furious scandal by deflecting attention to other matters’.”

By |2012-08-13T07:32:23-07:00August 13th, 2012|Federal Dispensary Attacks, Stories & Articles|Comments Off on New Book Claims Eric Holder Started War on Medical Marijuana Dispensaries to Distract Attention from Fast & Furious