Pubdate: Thu, 26 Jul 2007
Source: Bakersfield Californian, The (CA)
Copyright: 2007 The Bakersfield Californian
Contact:  http://www.bakersfield.com/
Details: http://www.mapinc.org/media/36
Cited: Sheriff Donny Youngblood http://www.co.kern.ca.us/sheriff/
Bookmark: http://www.mapinc.org/find?115 (Marijuana - California)
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

TWO MORE POT SHOPS CLOSE DOWN

Fear of Raids Leaves Only One Dispensary Operating

A battle is being waged in Kern County between the federal government 
and advocates for medical marijuana. Right now, the feds are 
pummeling the competition.

Two more medical marijuana dispensaries closed Tuesday, leaving the 
county with only one operating dispensary, said Doug McAfee, 
president of the Bakersfield chapter of NORML, a pro-legalization 
group. The closures come just over a week after a U.S. Drug 
Enforcement Administration raid shut down Nature's Medicinal 
Cooperative in Oildale.

Jim McGowen, owner of American Caregivers Collective, said keeping 
his dispensary open isn't worth the risk. He said he'll watch state 
and national legislation to see if there's a swing in favor of 
medical marijuana advocates.

"Even with shutting down, I'm wondering if I'll be arrested and 
thrown in prison for what I've already done," McGowen said.

Even though he's abiding by state law, McGowen could be raided at any 
time. He produced his most recent inspection report, completed by the 
Kern County Sheriff's Department, which shows he was in full 
compliance with operating requirements.

McGowen was among a group of medical marijuana users and supporters 
who attended a meeting of county supervisors Tuesday. The supervisors 
asked County Counsel Bernard Barmann to look into what the county can 
do to follow state law while the federal DEA busts area dispensaries 
and arrests employees.

Sweet Relief Compassionate Center was the other dispensary to close 
up shop. No one answered the dispensary's phone or door Wednesday afternoon.

California law allows the sale of medicinal marijuana to qualified patients.

The drug, however, is still illegal under federal law and anyone 
selling marijuana in the state can be federally prosecuted.

Kern County Sheriff Donny Youngblood said last week he will no longer 
issue licenses for medical marijuana dispensaries because of the 
discrepancy between state and federal law. He said federal law 
supersedes state law and the Sheriff's Department will continue to 
assist DEA agents in raids.

Some customers of Sweet Relief Compassionate Center showed up at the 
store Wednesday, unaware it had closed.

Dell Davis, 60, said he is recovering from prostate cancer and 
suffers from sleep apnea and insomnia. Marijuana helps him sleep and 
gets rid of his morning nausea.

The government should target users of other drugs, not pot, he said.

"Unfortunately that's the way the federal government is," Davis said. 
"Big Brother's everywhere."

Lake Isabella resident Jack Smith said marijuana lessens the pain he 
feels from fracturing a disk in his back while weightlifting. Smith, 
22, said he's sure many people abuse state law and get doctor's 
recommendations for ailments they don't have, but dispensaries should 
be kept open for people like him who really benefit from the drug.

"It's helped me significantly," he said.

Employees and customers at California Compassionate Services, the 
dispensary remaining open, refused to comment. An employee told a 
reporter to leave, saying he was concerned about customer privacy.

Kenneth Eugene Johnson, who lives across the street from the 
dispensary in the 300 block of Bernard Street, said many people 
buying marijuana from the shop look perfectly fine. He said about one 
out of every 200 customers appears to have a serious medical condition.

"They're just doing it for the money," he said of the dispensary's owners.

Whether it's for the money or out of compassion for the suffering, 
dispensary owners are taking a huge risk by remaining open. Nature's 
Medicinal Cooperative owners David Chavez Sr. and David Chavez Jr., 
along with three employees, are each facing a maximum penalty of 20 
years in prison and a $1 million fine for selling marijuana.
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MAP posted-by: Richard Lake