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Old 03-20-2012, 07:27 PM  
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HipChris HipChris is offline
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Default CA Court says Cities Can Not Close Dispensaries

In an interesting move, the California Court of Appeals has ruled that cities have no right to close medical marijuana dispensaries if they are growing cannabis on site. The court states that this violates the spirit of Prop 215.

Quote:
In a somewhat strange and unexpected ruling issued yesterday, the California Court of Appeals ruled that California cities cannot ban medical marijuana dispensaries so long as they cultivate cannabis at the same location. The 48-page ruling came in the case of the City of Lake Forest vs. Evergreen Holistic Collective, one of several collectives the city shut down for violating its ban on pot clubs. Because state law allows for marijuana collectives to cultivate and distribute cannabis to members, the court stated, "a local government cannot ban as a nuisance exactly [original emphasis] what the Legislature contemplated would occur at cooperative and collective medical marijuana cultivation sites."



One of the lawyers attached to the case is Matthew Pappas, whose separate lawsuit against the city of Long Beach resulted in a ruling last year that struck down large portions of the city's controversial ordinance requiring collectives to apply for expensive permits that also required them to grow onsite, and which many observers, including the city itself, has interpreted to mean that California cities cannot regulate marijuana clubs at all.

Read more here:

http://blogs.ocweekly.com/navelgazin...nnot_ban_m.php

 


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Old 03-20-2012, 09:05 PM


NYdeadhead1993 NYdeadhead1993 is offline
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I seriously need to move to California. The rest of the US needs to be like this, the judges and courts at least. Only way we can win the war is by infiltrating the government and becoming politicians so we can reform the marijuana laws but also be damn good politicians in the process.
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Old 03-20-2012, 11:42 PM


Skip Skip is offline
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So now they say you MUST grow to have a dispensary?

Before they were saying you can't grow on location in many localities...
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Old 03-21-2012, 02:12 AM


zombiewolf zombiewolf is offline
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Old 03-22-2012, 05:21 PM


WE1 WE1 is offline
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Prop 215 is meaningless under Federal law.

The problem with Marijuana dispensaries in California is not state law its federal law, which supersedes state law.

The Obama Justice Department has already closed numerous dispensaries in California with possibly more to come they've claimed, with the California courts helpless to prevent it.
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Old 03-23-2012, 02:41 AM


arthur itis arthur itis is offline
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As many as they close, there are still just as many open, it would seem, and then there are the delivery services, which, being mobile, are not an easy target for the Feds.

Then again, how hard would it be for a Federal agent to simply call for a delivery of weed, and bust the guy who arrives with his stash. "Yo, dude, thanks for the dank. But don't leave yet, dude, cuz you're goin' to the tank." Bu Bump.

I'm wondering why the Feds are having such a difficult time of it. I don't think they're really giving it a full effort. It's just like politics. Token efforts for political purposes. Government inefficiency at its best.

Thank God for government inefficiency, in this case.

I say, "Thank You Jesus. Mess up those FedHeads good, LJ",,lol.

I wonder if I could be prosecuted for getting Jesus involved. But it's right up His alley, after all. He was the Original Gangster.
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Old 03-23-2012, 02:48 AM


zombiewolf zombiewolf is offline
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Originally Posted by arthur itis View Post
He was the Original Gangster.
Word up, the double O.G!
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Old 03-23-2012, 03:24 AM


krozar krozar is offline
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I want to open Texas' first dispensary. Maybe in 80 or 90 years.
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Old 03-23-2012, 10:24 AM


WE1 WE1 is offline
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The thing that gets me is how Obama has done a 360 on his opinion[s] about marijuana, in less then four years.

When he was an Illinois Senator he supported decriminalization.

As a presidential candidate he took a neutral stance. But he also promised to respect states rights with regards to medical marijuana.

Then as president he became anti-marijuana.

Looks to me like Obama is a parent first, and a president second.

Mark my word...if Obama is reelected, and he probably will be, he'll be closing dispensaries in Colorado and Oregon also.
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Old 03-23-2012, 10:28 AM


arthur itis arthur itis is offline
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The thing that gets me is how Obama has done a 360 on his opinion[s] about marijuana, in less then four years.
Actually, it's called a "180". Do the math.


Isn't it nice, how the Federal Government lets us play at being in charge of our lives, and then, every so often, reminds us that we're not? They let us have play judges, and play courts, and play legislation, but when they arrive on the scene, it's like "Okay, kids, the grownups are here now. Behave."

Bunch of condescending a-holes, if you axe me.
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