Pubdate: Sat, 12 Jun 2010
Source: San Bernardino Sun (CA)
Copyright: 2010 Los Angeles Newspaper Group
Contact:  http://www.sbsun.com/
Details: http://www.mapinc.org/media/1417
Author: Lanny Swerdlow
Note: Lanny Swerdlow, RN, is clinic manager of the THCF Medical 
Clinic and hosts "Marijuana Compassion and Common Sense" on KCAA 
1050AM every Monday at 6 p.m.

ACCUSATIONS NOT BASED ON FACTS

I am very flattered by the June 1 letter recognizing my efforts on 
behalf of medical marijuana patients by "hectoring the San Bernardino 
Board of Supervisors to draft an ordinance regulating the sale of 
medical marijuana." However I cannot take all the credit, as more 
than 30 other concerned citizens also hectored the board members for 
their inability to get a medical marijuana ordinance written as they 
said they would over a year ago. The letter writer should give credit 
where credit is due.

After San Bernardino County lost its case in May 2009 to have 
Proposition 215 declared unconstitutional by the U.S. Supreme Court, 
Supervisors Paul Biane and Josie Gonzales made statements supporting 
the development of an ordinance and patients participated in a number 
of meetings with the Sheriff's Department and the Planning Department.

Patients came to believe naively that San Bernardino County was 
earnestly engaged in drafting a medical marijuana collective ordinance.

They did not realize that they were being yanked around by a chain 
until February and it was only then that they started to approach the 
Board of Supervisors wanting to know why after eight months of secret 
meetings involving more than 20 county employees representing 10 
difference agencies, there was no ordinance written or even one being written.

Unlike San Bernardino County - which is expending hundreds of 
thousands of dollars of taxpayer money with sheriff's deputies 
arresting and the District Attorney's Office prosecuting medical 
marijuana patients and providers - the County of Riverside has not 
been criminally going after anyone. Riverside County appears to 
recognize that the collectives are not doing anything criminal, but 
do claim they are violating various zoning ordinances - a civil 
offense, not a criminal offense.

The county and cities within Riverside have issued cease-and-desist 
orders and filed lawsuits seeking temporary restraining orders. This 
means the issues surrounding the legality of medical marijuana 
collectives will be settled in civil courts like civilized people.

The county is not resorting to the brute force of law enforcement 
which is what is occurring in San Bernardino County.

Patient advocate time is limited and we must choose our actions 
wisely. Where patients and providers are being arrested and 
prosecuted takes priority over court actions being argued by a gaggle 
of lawyers with patients sitting safely on the sidelines with their 
fingers crossed.

The June 1 letter said, "Lanny opened his own marijuana collective in 
Riverside. Lanny's business, presently with 5,000 paid-in members, is 
profitable " Although I did come up with the concept for utilizing a 
farmer's market distribution method for medicinal marijuana and I am 
a member of the Board of Directors, I do not own the collective, as 
it is a registered not-for-profit mutual benefit association.

More disturbing is the accusation that I am making a profit. I am 
sure the writer is aware that it is illegal for a collective to make 
a profit. A collective that did make a profit would no longer be 
afforded the protections of S.B. 420. As a consequence the operators 
would be guilty of possession with intent to sell and a host of other felonies.

I am shocked that The Sun would publish such a letter.
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MAP posted-by: Jay Bergstrom