Pubdate: Wed, 27 Aug 2008
Source: Desert Sun, The (Palm Springs, CA)
Copyright: 2008 The Desert Sun
Contact: http://local2.thedesertsun.com/mailer/opinionwrap.php
Website: http://www.thedesertsun.com/
Details: http://www.mapinc.org/media/1112
Note: Does not accept LTEs from outside circulation area.
Author: K Kaufmann
Alert: Brown's Rules On Medical Marijuana http://www.mapinc.org/alert/0383.html
Referenced: The guidelines http://drugsense.org/url/kKMJR2lu
Bookmark: http://www.mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/topic/Proposition+215
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

CANNAHELP TRYING TO OPEN NEW SHOP

Palm Springs could provide an early test of new guidelines on medical 
marijuana dispensaries issued Monday by state Attorney General Jerry Brown.

Brown said that formal cooperatives registered under the state's Food 
and Agricultural Code or organized as less formal "collectives" are 
legal under the California's medical marijuana laws.

But he said anyone running a for-profit storefront dispensary not 
operating as either a registered cooperative or collective may be 
arrested and prosecuted by local authorities.

Stacy Hochanadel, former owner of the CannaHelp dispensary in Palm 
Desert, said the new guidelines open the door for him to reopen the 
business in Palm Springs, possibly within the next few weeks.

"I've received my business license from the city," Hochanadel said 
Tuesday. "I believe in what I'm doing, and I know this is the best 
thing for the people and the community."

The new dispensary will be at 505 Industrial Place, he said.

Hochanadel closed the Palm Desert store about a year ago. In April, 
the Riverside County Superior Court dismissed county criminal charges 
against him and two former managers at the dispensary. The county is 
expected to appeal the case.

In the meantime, Palm Springs City Manager David Ready said that 
while Hochanadel had paid for a business license, the city had only 
issued a license receipt that does not authorize him to open a dispensary.

"It has to be allowed under the local land use," Ready said. "There 
is no current zoning code for medical marijuana dispensaries, hence 
the business license does not allow him to open such a business."

Ready said he would be taking the guidelines to the City Council for 
discussion.

Guidelines Applauded

Other issues addressed in the guidelines include:

The state-issued ID card: Brown says it is not required, but 
emphasized having a card is the easiest way for patients to ensure 
they will not be arrested or their marijuana confiscated by police.

Cultivation and possession: The guidelines reaffirm that patients may 
possess up to six mature or 12 immature plants or 8 ounces of dried 
marijuana. Cooperatives and collectives are only allowed to dispense 
marijuana grown by their members; they cannot buy it from outside sources.

State-federal conflict: Brown argues that "no legal conflict exists 
simply because state law and federal law treat marijuana 
differently." Federal law bans all use of marijuana. He recommends 
that state law enforcement officers not use federal law to arrest 
patients or seize marijuana.

Hochanadel and other advocates gave mostly positive marks to the guidelines.

"That's the kind of dispensary I've been pushing for," said Lanny 
Swerdlow, president of the Marijuana Anti-Prohibition Project, a 
local advocacy group. "I see small co-ops springing up all over the place."

But Thom Mrozek, spokesman for the U.S. Attorney's Office in Los 
Angeles, said the guidelines will have no affect on federal raids on 
California dispensaries, which have escalated in the past year.

"We don't care," Mrozek said. "It's our understanding that they place 
some restrictions on the dispensaries which have sprouted up like 
mushrooms in recent years, (but) that doesn't change the position of 
the federal government that there is no such thing as medical marijuana."

Anthony Curiale, attorney for the patients' association that runs 
Community Caregivers, one of two illegal dispensaries in Palm 
Springs, took a middle ground, saying the guidelines were a good 
first step but expected they would generate more court cases.

"I think it raises more questions than it provides answers," Curiale 
said, adding that Community Caregivers is already in compliance with 
the guidelines.

With the legality of his own business still uncertain, Hochanadel has 
set no date for a CannaHelp opening.

He said he wants to try to work with the city.

"They have the (state) guidelines that have been set forth," he said. 
"I'm willing to abide by them, and hopefully they are too." 
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MAP posted-by: Richard Lake