California Court of Appeals Upholds Medical Marijuana Dispensary Ban Again

The Press-Enterprise:  “Riverside will resume its efforts to shut down the medical marijuana dispensaries still operating within its boundaries now that a state appellate court order has upheld the city’s ban on such storefronts.  About 10 to 12 medical marijuana outlets remain open, City Attorney Greg Priamos said Monday, Dec. 3, as he commented on a Fourth District Court of Appeal order issued Nov. 29. Priamos said 45 dispensaries in the city have closed since a ban was put in place nearly a year ago.  The order from the court’s Division Two, based in Riverside, overturns an August ruling by Superior Court Judge John Vineyard. He said a local government cannot ban medical marijuana stores if they are operating legally under the state laws that authorize them. While Vineyard’s ruling addressed only one store, it affected city’s efforts to complete its ban on all of them.”

httpvh://youtu.be/Ug6WVFg9_30

By |2017-10-07T09:56:00-07:00December 31st, 2012|California News, Stories & Articles, Video|Comments Off on California Court of Appeals Upholds Medical Marijuana Dispensary Ban Again

No Medical Marijuana News Lately

You may have noticed that we have not posted any news for a while.  That is because there is nothing of significance to report until today’s post about the recent California Court of Appeals case upholding the City of Riverside’s right to ban medical marijuana dispensaries within its city limits.  Earlier in the year the was a flurry of enforcement actions taken by the federal government, especially in California.  The feds appear to have gone dark and are not currently shutting down or pursuing medical marijuana dispensaries.  There just is not any recent news of enforcement action by the U.S. or state or local law enforcement against dispensaries and their owners.  Perhaps the legalization of marijuana in Washington and Colorado has affected law enforcement’s view on the medical marijuana industry.

By |2012-12-31T07:06:58-07:00December 31st, 2012|Stories & Articles|Comments Off on No Medical Marijuana News Lately

Arizona Court of Appeals Refuses County Attorney’s Request to Stay White Mountain Health Center Judge’s Ruling

Arizona Republic:  “Maricopa County Attorney Bill Montgomery lost another round in court Thursday when the Arizona Court of Appeals denied his effort to temporarily block a ruling upholding the state’s medical-marijuana law.  A three-judge panel heard oral arguments in the morning, then quickly rejected the motion to delay a Maricopa County Superior Court judge’s Dec. 4 ruling that the law is constitutional and the county must make a zoning decision about a potential dispensary. The appellate judges didn’t explain their ruling.

By |2012-12-21T07:02:07-07:00December 21st, 2012|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Arizona Court of Appeals Refuses County Attorney’s Request to Stay White Mountain Health Center Judge’s Ruling

First Rural Medical Marijuana Dispensary Opens in Cochise

Eastern Arizona Courier:  “Cathy’s Compassion Center is located at 1825 W. Dragoon Rd. in the town of Cochise. It is the single medical marijuana dispensary for the Willcox Community Health Analysis Area. . . . Owner and operator Cathy Mead is a breast cancer survivor who began to see marijuana in a different light when she witnessed how it helped her father when he was ravaged by cancer.”

By |2012-12-20T07:13:55-07:00December 20th, 2012|Stories & Articles|Comments Off on First Rural Medical Marijuana Dispensary Opens in Cochise

Medical-marijuana Dispensary Owner Sentenced in Federal Court

The Seattle Times:  “Just a year ago, Brionne Corbray was a flashy entrepreneur in the Seattle medical-marijuana market, with a late-model Mercedes-Benz and three storefront dispensaries to his name, including a White Center smoking lounge he described as ‘like a bar, without the alcohol.’  On Wednesday, he gained a new distinction — the first local owner of a medical-marijuana dispensary to be sentenced on federal drug-dealing charges.”

By |2017-02-12T07:39:59-07:00December 20th, 2012|Federal Dispensary Attacks, Stories & Articles|Comments Off on Medical-marijuana Dispensary Owner Sentenced in Federal Court

Cash-only Business Produces Problems for Medical Marijuana Dispensaries

Arizona Republic:  “The medical-marijuana era might have arrived in Arizona, but dispensaries are stuck doing business like street-level dealers: cash only.  Checking accounts and credit-card machines for state-licensed dispensaries have become casualties of a crossfire between state and federal laws. . . . banks and credit unions, which are federally insured, steer clear of Arizona’s new health buzz, citing federal regulators. Medical-marijuana proponents say banks also won’t lend to the marijuana industry out of fear of federal seizures.  The cash-only conundrum is a nightmare for dispensaries

By |2012-12-18T06:28:06-07:00December 18th, 2012|Banking Issues, Stories & Articles|Comments Off on Cash-only Business Produces Problems for Medical Marijuana Dispensaries

Arizona Court of Appeals to Hear Argument on White Mountain Case

Maricopa County Attorney Bill Montgomery appealed the adverse ruling issued against Maricopa County last week by Judge Gordon in the White Mountain Health Center, Inc., vs. County of Maricopa.  The Arizona Court of Appeals will hold hearing this Thursday on Montgomery’s motion to suspend the enforcement of Gordon’s ruling until the Court of Appeals rules on his appeal.

By |2012-12-15T17:36:10-07:00December 15th, 2012|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Arizona Court of Appeals to Hear Argument on White Mountain Case

Bill Montgomery Fights Arizona Voters on Medical Marijuana Law While President Obama Gives Nod to Legal Pot Use in Two StatesBill Montgomery Fights Arizona Voters on Medical Marijuana Law While President Obama Gives Nod to Legal Pot Use in Two States

Phoenix New Times:  “Maricopa County Attorney Bill Montgomery is worried he’s being forced to violate federal law by implementing Arizona’s voter-approved medical-pot law.  Meanwhile, President Obama said today that federal law enforcement officials have better things to do then prosecute adult use of marijuana by anyone in Colorado and Washington, considering that voters in those two states have spoken.  See the disconnect there?”

By |2015-04-06T18:56:49-07:00December 15th, 2012|Stories & Articles|Comments Off on Bill Montgomery Fights Arizona Voters on Medical Marijuana Law While President Obama Gives Nod to Legal Pot Use in Two StatesBill Montgomery Fights Arizona Voters on Medical Marijuana Law While President Obama Gives Nod to Legal Pot Use in Two States

Maricopa County Attorney Seeks to Overturn Medical Pot Ruling

Arizona Republic:  “Maricopa County Attorney Bill Montgomery intends to ask the Arizona Court of Appeals to temporarily block a lower court ruling that the state’s medical-marijuana law is constitutional.  Montgomery’s remarks came Thursday, almost immediately after Superior Court Judge Michael Gordon refused to grant the county attorney’s request to stay or suspend the medical-marijuana ruling. In the meantime, Montgomery said his office ‘will take the necessary steps to comply with’ the judge’s order.”

By |2012-12-15T07:45:46-07:00December 15th, 2012|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Maricopa County Attorney Seeks to Overturn Medical Pot Ruling

Marijuana Not High Obama Priority

OTUS News:  “President Obama says recreational users of marijuana in states that have legalized the substance should not be a ‘top priority’ of federal law enforcement officials prosecuting the war on drugs.  ‘We’ve got bigger fish to fry,’ Obama said of pot users in Colorado and Washington during an exclusive interview with ABC News’ Barbara Walters.  ‘It would not make sense for us to see a top priority as going after recreational users in states that have determined that it’s legal,’ he said, invoking the same approach taken toward users of medicinal marijuana in 18 states where it’s legal.

By |2019-06-14T08:26:16-07:00December 14th, 2012|Stories & Articles|Comments Off on Marijuana Not High Obama Priority

Some Legal Arizona Pot Dispensaries May not have Product at First

Arizona Daily Star:  “State Health Director Will Humble said Thursday that he will license new dispensaries even if their owners have nothing ready to sell.  Humble said state regulations require that once dispensaries are licensed, they must immediately open their doors for customers and stay open for at least 30 hours a week. That means having something to sell.  But he said the law precludes anyone from even starting to cultivate some seeds to grow a crop until they have that license. Nor can they even ask others who have marijuana to let them have some until that moment.  So Humble has decided to provide a grace period to give new shop owners time to stock their shelves. And the amount of time provided will vary by each dispensary’s need.”

By |2012-12-14T09:05:17-07:00December 14th, 2012|Stories & Articles|Comments Off on Some Legal Arizona Pot Dispensaries May not have Product at First

Senator Floats Legalizing Marijuana Possession At Federal Level For Pro-Pot States

Huffington Post:  “Sen. Patrick Leahy (D-Vt.) reached out to Gil Kerlikowske, director of the Office of National Drug Control Policy, on Thursday in an effort to find out how the federal government intends to deal with states like Colorado and Washington that have recently legalized marijuana possession.  In addition to seeking clarity about the administration’s plans, however, Leahy also offered a solution to allow the government to extricate itself from the situation of having to enforce federal laws that consider marijuana to be an illegal substance.  ‘One option would be to amend the Federal Controlled Substances Act to allow possession of up to one ounce of marijuana, at least in jurisdictions where it is legal under state law,’ Leahy wrote.

By |2012-12-14T06:43:40-07:00December 14th, 2012|Federal Dispensary Attacks, Stories & Articles|Comments Off on Senator Floats Legalizing Marijuana Possession At Federal Level For Pro-Pot States

Judge Won’t Delay Marjiuana Dispensary Ruling

yourwestvalley.com:  “A judge on Thursday rebuffed efforts by Maricopa County Attorney Bill Montgomery to further delay the paperwork necessary for opening a marijuana dispensary.  Maricopa County Superior Court Judge Michael Gordon said he heard nothing from Montgomery during the half-hour hearing to convince him to stay his ruling earlier this month ordering the county to provide the necessary zoning documentation the would-be operators of a Sun City dispensary need to get the required state permit. Montgomery wants to keep that shop from opening while he seeks review from the state Court of Appeals.

Montgomery said later than Kaufman and his client may regret pushing ahead with their clinic plans while he seeks appellate court review.  ‘Their haste to open could very well result in the equally quick loss of their investment and liberty,’ he said.”

By |2017-10-07T09:56:00-07:00December 14th, 2012|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Judge Won’t Delay Marjiuana Dispensary Ruling

Will Humble on the White Mountain Case

Arizona Department of Health Services Director Will Humble said the following on December 13, 2012:

Last week a Superior Court judge ordered Maricopa County to process the zoning paperwork that has been submitted by the applicant for the Sun City CHAA.  The Maricopa County Attorney asked for a Stay of the decision while he appealed the case to the Court of Appeals.  This morning, the Superior Court judge denied that request for a Stay.  There’s still an appeal pathway for the Maricopa County Attorney if he asks for a Stay of the decision from the Appellate court while the pre-emption arguments are made at the Appellate level.  For our part- we did not take a position at today’s hearing… and we will simply continue to wait for the applicant in the Sun City CHAA to turn in its zoning paperwork, which would complete the application.  At that point we would process it the same as the other 98.

By the way- AZ now has 3 operating dispensaries, one in Glendale and one in Tucson.  Another dispensary in Cochise County opened today.  Because of the 3 operating dispensaries and provision in the voter approved language that only people that live more than 25 miles away from a dispensary are authorized to cultivate, more than 70% of Arizonans now live in areas where self-cultivation will no longer be permitted.  However, we’re grandfathering the cultivation rights for current card-holders until they renew their card or move into an area that’s within 25 miles of a dispensary.

By |2012-12-14T06:34:38-07:00December 13th, 2012|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Will Humble on the White Mountain Case

Arizona Judge Held Hearing on Motion to Suspend Favorable Pot Ruling While Appeal is Pending

Arizona Republic:  “Maricopa County Superior Court Judge Michael Gordon will hear arguments at 11 a.m. today [12/13/12] on a request to stay or suspend his recent ruling on the legality of the state’s medical-marijuana law.  Last week, Gordon ruled Arizona’s controversial medical-marijuana law does not conflict with federal drug laws and rejected arguments made by Maricopa County Attorney Bill Montgomery and Attorney General Tom Horne that state employees would be facilitating federal crimes if they issued licenses to medical-marijuana dispensaries.”

By |2012-12-14T06:35:15-07:00December 13th, 2012|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Arizona Judge Held Hearing on Motion to Suspend Favorable Pot Ruling While Appeal is Pending

New Marijuana Laws cause Confusion

The Hill:  “Laws legalizing the recreational use of marijuana in Colorado and Washington state have exposed a wide disconnect between Congress, the administration and voters on an increasingly controversial issue.   The newly enacted laws put President Obama in a tricky spot, as evidenced by the Justice Department’s (DOJ) monthlong silence on the matter, despite pleas from lawmakers and the states’ governors for a concrete position.”

By |2012-12-13T06:54:00-07:00December 13th, 2012|Stories & Articles|Comments Off on New Marijuana Laws cause Confusion

Marijuana Officially Legal in Colorado

Fox 31:  “Just over a month after the citizens of Colorado voted overwhelmingly in favor of Amendment 64 to legalize marijuana for recreational use, Democratic Governor John Hickenlooper signed the Executive Order that makes an ‘official declaration of the vote.’  What does it mean?  ‘It formalizes the amendment as part of the state Constitution and makes legal the personal use, possession and limited home-growing of marijuana under Colorado law for adults 21 years of age and older,’ the Governor’s office wrote in a press release.  That said, the release went on to say that that it is still illegal to buy or sell marijuana or to consume marijuana in public.  Confused? Don’t expect that feeling to become allayed anytime soon, the Governor’s office said.”

By |2012-12-11T06:18:12-07:00December 11th, 2012|Colorado News, Stories & Articles|Comments Off on Marijuana Officially Legal in Colorado

Medical Marijuana a Charade

Arizona Republic:  “Nearly 34,000 Arizonans now hold cards giving them permission to smoke or grow weed, according to the Arizona Department of Health Services. Of them, a whopping 3.76 percent use marijuana to ease the symptoms of cancer. An additional 1.53 percent suffer from glaucoma, while 1.06 percent have AIDS.  Meanwhile 89.8 percent — 30,203 people — are seeking relief for ‘severe and chronic pain.’ Nearly 73 percent of ‘patients’ are men, and the people most likely to seek relief from their pain are 18 to 30 years old. More than 26 percent of cardholders are 18-30, while 13 percent are over 60.”

By |2012-12-11T06:07:02-07:00December 11th, 2012|Stories & Articles|Comments Off on Medical Marijuana a Charade

Feds Remain AWOL as Public Pot Smoking Begins

On December 5, 2012, U.S. Attorney Jenny Durkan issued the Obama administration’s first statement on Colorado and Washington legalizing marijuana.  Ms. Durkan said:

“The Department of Justice is reviewing the legalization initiatives recently passed in Colorado and Washington State. The Department’s responsibility to enforce the Controlled Substances Act remains unchanged. Neither States nor the Executive branch can nullify a statute passed by Congress. In enacting the Controlled Substances Act, Congress determined that marijuana is a Schedule I controlled substance. Regardless of any changes in state law, including the change that will go into effect on December 6th in Washington State, growing, selling or possessing any amount of marijuana remains illegal under federal law. Members of the public are also advised to remember that it remains against federal law to bring any amount of marijuana onto federal property, including all federal buildings, national parks and forests, military installations, and courthouses.”

By |2012-12-08T07:03:25-07:00December 8th, 2012|Federal Dispensary Attacks, Stories & Articles|Comments Off on Feds Remain AWOL as Public Pot Smoking Begins

Legal Pot Complicates Drug-free Work Policies

Associated Press:  “Pot may be legal, but workers may want to check with their boss first before they grab the pipe or joint during off hours.  Businesses in Washington state, where the drug is legal, and Colorado, where it will be by January, are trying to figure out how to deal with employees who use it on their own time and then fail a drug test.  It is another uncertainty that has come with pot legalization as many ask how the laws will affect them.”

By |2015-04-06T18:56:49-07:00December 8th, 2012|Colorado News, Stories & Articles|Comments Off on Legal Pot Complicates Drug-free Work Policies

Medical-marijuana Era under Way in Arizona

Arizona Republic:  “The state’s first medical-marijuana dispensary opened Thursday in downtown Glendale to dozens of waiting patients, two years after voters approved an initiative to legalize the drug for certain ill patients.  Situated on a tree-lined street near an antique store and a motorcycle shop, Arizona Organix does not look like the kind of place where patients can walk in and buy marijuana, except for a tall sign outside that sports a green cross, the symbol of the medical-marijuana industry.”

By |2012-12-07T06:27:30-07:00December 7th, 2012|Stories & Articles|Comments Off on Medical-marijuana Era under Way in Arizona

First New Jersey Medical Marijuana Dispensary to Open

nj.com:  “New Jersey’s first medical marijuana dispensary opens Thursday after years of battles and bureaucratic delays in enacting a controversial law signed on former Gov. Jon Corzine’s last day in office.  The founders of Greenleaf Compassion Center in Montclair said today they expected to make the first legally sanctioned sale of pot late this morning — with only patients who have recommended by their doctor, registered with the state Health Department and scheduled for an appointment allowed to get through the door.”

By |2012-12-06T05:57:26-07:00December 6th, 2012|Stories & Articles|Comments Off on First New Jersey Medical Marijuana Dispensary to Open

Maricopa County Superior Court Judge Rules Federal Law Does Not Preempt Arizona’s Medical Marijuana Act

Arizona Republic:  “A court ruling that Arizona’s controversial medical-marijuana law does not conflict with federal drug laws cleared the way Tuesday for dispensaries to open and allows patients to legally obtain marijuana from the facilities.  The long-awaited decision by Maricopa County Superior Court Judge Michael Gordon rejected arguments made by Maricopa County Attorney Bill Montgomery and Arizona Attorney General Tom Horne that the voter-approved law should be shut down because marijuana is illegal under the federal Controlled Substances Act and that state employees would be facilitating federal crimes if they issued licenses to medical-marijuana dispensaries.  The first dispensary, Arizona Organix, is scheduled to open at 10a.m. Thursday in Glendale, with another to follow in Tucson later this month.”

Read Ray Stern’s article in the Phoenix New Times called “Arizona Medical Marijuana Law Is Constitutional, County Judge Finds; Dispensaries On Way.”

The Wall St. Journal’s article is “Medical Marijuana Law Upheld in Arizona” and says:

“Arizona’s medical marijuana law is constitutional and federal drug laws don’t stand in the way of public officials implementing the state law, a judge ruled Tuesday.  ‘This court will not rule that Arizona, having sided with the ever-growing minority of states and having limited it to medical use, has violated public policy,’ Judge Michael Gordon of Maricopa County Superior Court wrote.

Read Judge Gordon’s ruling.

By |2012-12-06T06:08:10-07:00December 5th, 2012|AZ Marijuana Law Lawsuits, Stories & Articles|Comments Off on Maricopa County Superior Court Judge Rules Federal Law Does Not Preempt Arizona’s Medical Marijuana Act

California Superior Court Judge Says Landlord can’t Evict Harborside Health Center for Selling Medical Marijuana

SF Gate:  “An Oakland medical marijuana dispensary that bills itself as the nation’s largest has won the first round in its fight to stay open amid a federal crackdown.  A California judge ruled last week that Harborside Health Center‘s landlord can’t evict the pot shop even though the U.S. attorney for Northern California is threatening to seize her property. . . . A different California judge last month sided with the owner of the Concourse Business Center in San Jose, which also had sought an eviction order.”

Read also “Harborside Health Center Handed Major Victory In Court (PHOTOS).”

By |2015-04-06T18:56:49-07:00December 5th, 2012|California News, Federal Dispensary Attacks, Stories & Articles|Comments Off on California Superior Court Judge Says Landlord can’t Evict Harborside Health Center for Selling Medical Marijuana

Former Drug Policy Adviser ‘Can’t Imagine’ Feds Allowing Marijuana Legalization

The Raw Story:  “Kevin Sabet, who served as a senior drug policy adviser in the Obama administration, said Sunday that it was unlikely the federal government would allow states to legalize marijuana.  ‘I think the administration has been very clear and the president has been very clear that he is against legalization,’ he said on MSNBC’s Up with Chris Hayes.

By |2012-12-04T07:34:07-07:00December 4th, 2012|Federal Dispensary Attacks, Stories & Articles|Comments Off on Former Drug Policy Adviser ‘Can’t Imagine’ Feds Allowing Marijuana Legalization

Legalizing Marijuana: How it Happened

The Evening Sun:  “In Washington – and, advocates hope, coming soon to a state near you – there was a well-funded and cleverly orchestrated campaign that took advantage of deep-pocketed backers, a tweaked pro-pot message and improbable big-name supporters.  Good timing and a growing national weariness over failed drug laws didn’t hurt, either.”

By |2017-02-12T07:39:59-07:00December 4th, 2012|Stories & Articles|Comments Off on Legalizing Marijuana: How it Happened

CBS Poll: 47% Favor Legalizing Marijuana

CBS:  “For the first time since CBS News began asking the question, as many Americans now think marijuana use should be legal as think it should not.  Support for legalizing marijuana inched up slightly from 45 percent in September to 47 percent today, according to a CBS News poll, conducted Nov. 16-19. Another 47 percent think it should remain prohibited. A year ago, a slight majority of Americans, 51 percent, opposed legalizing marijuana use.”

By |2012-12-03T07:04:32-07:00December 3rd, 2012|Stories & Articles|Comments Off on CBS Poll: 47% Favor Legalizing Marijuana

Washington to Legalize Marijuana use without Justice Department Guidance

Washington Post:  “Adults in Washington state will be able to smoke marijuana legally when it is officially decriminalized Thursday, even though the Justice Department has offered no guidance on the conflict with federal drug laws. . . . Marijuana, however, is still illegal under federal law. State officials say the Justice Department is creating confusion by remaining silent about what steps it may take in Washington and Colorado . . . . Washington Gov. Chris Gregoire (D) met with Deputy Attorney General James Cole at the Justice Department, but came away with no answers.

By |2012-12-03T07:01:49-07:00December 3rd, 2012|Colorado News, Federal Dispensary Attacks, Stories & Articles|Comments Off on Washington to Legalize Marijuana use without Justice Department Guidance