Pubdate: Wed, 05 Jan 2011 Source: Press-Enterprise (Riverside, CA) Copyright: 2011 The Press-Enterprise Company Contact: http://www.pe.com/localnews/opinion/letters_form.html Website: http://www.pe.com/ Details: http://www.mapinc.org/media/830 Author: Dug Begley Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://mapinc.org/topic/Dispensaries POT PROVIDERS FACE INTENSE INLAND SCRUTINY Medical marijuana might be legal in California but it's going to take a court of law to decide what that means as cities and counties push to ban marijuana cultivation and sales. Shops where eligible medical marijuana patients can purchase pot are banned in many Inland cities, and both Riverside and San Bernardino counties, as those governments use zoning laws to deny business permits. Medical marijuana-rights advocates say cities and counties need to give them reasonable permit guidelines to follow so clients will have access to pot not provided by illegal dealers. Those on both sides of the issue are carefully watching the state's Fourth District Court of Appeal, which is hearing at least two cases connected to citywide bans on marijuana collectives. Many say the issue will ultimately be decided by the state's Supreme Court. At the center of many of the disputes is the power cities have to ban dispensaries, which are for-profit stores that can sell pot to medical-marijuana patients, and their rights to use zoning laws to ban collectives, which are nonprofit cooperatives of growers and eligible patients. Collectives are legal under state law but still excluded by many cities. In the meantime, officials are trying to conform to state laws allowing medical marijuana while obeying federal drug laws that outlaw marijuana cultivation and sales. Local governments also struggle to mollify the concerns of many residents who don't want pot shops dotting area shopping centers. Frank Oviedo, Wildomar's city manager, expressed frustration the matter had fallen to local governments to sort out. He said the federal government should create a framework for regulating medical marijuana, like it does for other pharmaceutical businesses. As it stands now, California cities are stuck between the federal government, which deems pot illegal, and the state, which guarantees patients safe access, he said. "Where does that leave city government?" Oviedo asked. "We don't make it a practice to challenge the federal government." Much of the dispute between officials and collectives rests on determining who is providing compassionate care for those entitled to fire up a joint or eat a cannabis cookie at a collective, and those trying to make a buck slinging dope through a legal loophole via a dispensary. Collective conundrum Officials in many cities said collectives -- where patients eligible for medical marijuana can find others who are legally growing pot and then pay for their excess marijuana -- are legal. They note they are banning dispensaries, which operate for-profit. Tactics vary from city to city, based on the cases. Riverside and a local marijuana collective -- formed to avoid retail sales of marijuana -- are battling in court over the collective's right to operate off Main Street in northern Riverside. The city considers it a dispensary because various growers sell their wares. San Bernardino County has cracked down via Sheriff's Department raids of some suspected illegal operations, including one in Mentone where the operators were arrested for charging set prices, as opposed to donations, and not verifying people's eligibility to use medicinal marijuana. Perris officials have cited a local cooperative for numerous building code violations. The Relaxed Expressions Collective and its pot-growing operation remain open, but city spokesman Joe Vargo said the case is still pending. In Lake Elsinore, city officials are working to close a retail shop they say is violating a business license that specifically forbids medical marijuana sales. But the shop owner contends he is within the law and has challenged Lake Elsinore's attempt to ban marijuana sales. The city has received some complaints about the shop, which remains open, said Councilman Robert Magee. "I have seen a fear from other businesses and customers that don't feel comfortable," Magee said. Skepticism of a growing and collective operation also arose in Wildomar, where city officials considered setting precise rules, only to have residents push for an outright ban. Changing scene As a result of raids and bans, many dispensaries are reforming as collectives. Though legal, collectives also are finding themselves under intense scrutiny. Inland cities and counties are examining them to make sure they're legit, and targeting some for being dispensaries in disguise. The Riverside County Sheriffs Department estimates 46 marijuana dispensaries and collectives are operating in the county, Deputy Chief Mitch Alm said, with 21 of those in unincorporated areas. "The numbers change from day to day. They do come and go," he said. Each of those operations is being investigated to make sure it is complying with state and local laws, he said. County supervisors reiterated the county's ban on dispensaries last month, and investigations could take months to complete, Alm said, so he could not say how many are operating illegally. "If we investigate, and they are operating within the rules, they're legal," he said. The collectives that do operate within the rules said regulations would help separate the legitimate operations from illegal ones, supporters said. But lately the cities and counties have taken a tough approach by targeting all medical marijuana providers, and supporters think it is less about the law and more about outlawing pot at all costs. "Our relief will come from the courts," said Lanny Swerdlow, a nurse and medical marijuana advocate who helped found the Inland Empire Patients Health and Wellness Center on North Main Street. "We'll all find out where this is headed once the courts decide." Swerdlow said he's confident marijuana advocates will win. But if they don't, he said bans in most areas will make finding pot difficult for those legally entitled to it. Worse, for those that can't grow their own, is that the bans will mean much higher prices, he said. "I don't want anyone taking Vicodin for pain relief because they can't afford medical marijuana," Swerdlow said. Staff Writer John F. Hill contributed to this report. - --- MAP posted-by: Jay Bergstrom