Pubdate: Fri, 30 Oct 2009
Source: Record Gazette (CA)
Contact:  2009 Record Gazette
Website: http://www.recordgazette.net/
Details: http://www.mapinc.org/media/5090
Author: David James Heiss
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - United
States)

CITY GAINS BIG FROM POT FINES

Despite a recent decision by the federal Justice Department to not
prosecute medical marijuana users in states like California where it is
legal by state law, Beaumont continues its tightening noose on the two
distributors operating within its boundaries.

Oak Tree Alternative Care on 6th Street, and the Beaumont Patients
Collective Association at 1140 Beaumont Ave. have been fined $1,000 a day
by the city for zoning violations.

According to Beaumont Police Chief Frank Coe, "Beaumont will continue to
seek all remedies to address the illegal sales of drugs and controlled
substances within our city. The recent information released by the Obama
Administration references a directive to the Drug Enforcement
Administration and does not restrict the investigation and prosecution of
illegal sales and possession of marijuana."

According to the administrative citations given to Oak Tree Alternative
Care, the fines cite city zoning ordinance violations, not criminal
activity.

The citation refers to violating a moratorium on operation of marijuana
dispensaries, and fines the entity for operating without a business
license, which the city refuses to grant. It also cites city code
violations, including a lack of adequate parking, and for having bars on
the windows.

From Aug. 12 to Aug. 21, Oak Tree Alternative Care showed that it was
fined $100 a day. The fine increased to $500, and as of Sept. 1, a daily
fine of $1,000 was imposed.

Oak Tree Alternative Care says it has taken the fines seriously, and had
receipts totaling more than $50,000 in paid fines, which the city
confirmed.

The Beaumont Patients Collective Association, a medical marijuana joint,
operating just a couple of store fronts away from Mother Clucker's chicken
rotisserie, has ignored the fines - and the city has threatened to pass
along the more than $60,000 in fees as a lien on the property owner,
Robert Rider, who initially agreed to lease the space to them under the
condition that they would obtain a business license, which he said was
contracted in the lease agreement.

As soon as Rider learned that a lien was being placed on his property due
to the activity of the Beaumont Patients Collective Association, he hired
an eviction company, though the process has been slow, he said.

"They told me that their business was legal and that they were going to
get a business license," Rider said. "As far as I knew, it was legal. At
the time I didn't see a downside. I figured that if the city didn't want
them here, they could get rid of them. Apparently it's not that easy."

According to the city, the Patients Collective has not paid any fines.
Patients Collective owner Shannon Troncoso did not return calls from a
reporter for comment.

Oak Tree Alternative Care owners Art Moreno and Vietnam Nguyen, who count
themselves as patients at their facility, claim that the fines are
impeding on their ability to do "business" and remain open.

"We're losing money due to the citations, but we're here for the
patients," Nguyen said, explaining that his organization is not a
dispensary. "We're a medical marijuana collective. We only collect
donations" for the medical marijuana distributed," he said.

"We're supposed to be paying sales tax," Moreno said. "That's kind of hard
to do when you're being fined $1,000 a day."

Every Monday, they write a check to the city. That nearly $65,000 that
will have been fined by today is contributed to the city's general fund,
according to city spokeswoman Darci Carranza, though she did not suggest
specifically as to what such general funds might be used for.

Beaumont businessman Victor Dominguez does not feel the city goes far
enough in monitoring the medical marijuana distributors, and will
highlight the topic for his first program of "Pass Politics," a weekly
radio news program that will first air Nov. 4 at 2 p.m. on KCAA 1050 AM.
He plans to ask Moreno, who will accompany councilwoman Nancy Gall on the
show, "How do you keep medical marijuana from getting into the wrong
hands? What are the policies and procedures you're going to follow to
prevent that?"

Gall, the lone supporter of medical marijuana on the council, said in an
interview, "There's not much I can do about it by myself. I need two more
votes, and the men (on the council) band together" in their support of the
letter of the law when it comes to enforcing federal medical marijuana
laws.

Moreno hopes that the city can appreciate the idea that his organization
is trying to do the right thing, from serving those who have a prescribed
need to filling up city coffers to the tune of $1,000 a day in good faith
- - despite the fact that he is compelled to do business without the
business license the city will not grant.

"Beaumont Police Department has turned us over to the district attorney,"
Moreno said. "If the DA sees something here, they will pursue us. As you
can see, no action has been taken as of yet."

According to Chief Coe, "The Compassion-use Act approved by California
voters does not allow medical marijuana dispensaries, which is why the
city continues to seek both criminal and civil remedies to close the
illegal operations that continue to operate in violation of our laws."
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MAP posted-by: Doug