Pubdate: Wed, 03 Jul 2013
Source: Inland Empire Weekly (Corona, CA)
Copyright: 2013 Inland Empire Weekly
Contact:  http://www.ieweekly.com
Details: http://www.mapinc.org/media/4574
Author: Tommy A. Purvis

NO COMPASSION?

Riverside's Latest Medical Cannabis Witch Hunt Targets Delivery Services

The speedy delivery of medical cannabis-something California voters
made legal 16 years ago, in case ya forgot-in Riverside is now under
threat for patients still searching for safe access after the shutdown
of various storefronts providing the medicinal plant. This attack on
safe access has been further worsened through an emergency ban on
mobile medical marijuana services approved by the City Council earlier
this month.

Riverside Deputy City Attorney Neil Okazaki told council members that
he was able to find 50 mobile dispensaries within 20 miles of the city
during a workshop for the Medical Marijuana Dispensary Enforcement
Program. Okazaki claims nearly half of the total are start-ups.
Okazaki told the council that 75 storefronts have been shut down since
2010. He also suggested the recent batch of start-ups he identified
were likely prompted by a May 6 California Supreme Court ruling.

In May, the California Supreme Court upheld the right of local
governments (cities and counties) to ban brick-and-mortar medical
cannabis providers in a 44-page decision in the now landmark case City
of Riverside V. Inland Empire Patients Health and Wellness Center
(IEPH&WC). In this case, Riverside city officials sought to ban
IEPH&WC, citing zoning ordinances that did now allow medical cannabis
facilities. The court essentially said cities and counties can
regulate (and ban) such storefronts via their land-use and zoning 
provisions.

Storefronts across the IE were closed for business within hours and
days of the decision as law enforcement began a series of raids to
enforce various alleged misdemeanor public nuisance laws and zoning
violations, confiscating cannabis and property.

Critics of the ruling say such bans thwart the state's Compassionate
Use Act (CUA)-and pushes law-abiding patients to secure cannabis from
drug dealers. And proponents of Proposition 215-the ballot initiative
that legalized medical cannabis statewide in 1996-are quick to point
out the latest court decision does not mention mobile medical
marijuana dispensing. And neither does the 2007 Riverside City Council
ban on storefront medical marijuana dispensaries.

"The decision by the California Supreme Court allows municipalities to
issue outright bans on medical marijuana dispensaries through zoning
and land use powers," Jason Thompson, a Mira Loma-based attorney and
advocate for medical cannabis, told the Weekly. "Officials are
choosing to ramp up enforcement powers because this is their green
light. They are emboldened to take tougher action across the board."

The Riverside City Attorney's office did not respond to the Weekly's
questions regarding how the enforcement mechanism of the mobile
medical ban would be implemented by law enforcement. Proposition 215
prevents the prosecution and abatement of medical marijuana caregivers
and patients who comply with the legal framework of the
legislation.

Council minutes from the June 11 meeting cite the emergency medical
cannabis delivery service ban is necessary to "preserve public peace,
health and safety." Okazaki told council members that delivery drivers
are often subject to robbery (though, as far as the Weekly could tell,
he provided no corroborating facts or figures to back up this assertion).

The original ban from the city council left out delivery services in
language that still defines a "medical marijuana dispensary" in zoning
ordinances as "a dispensary, a collective and a cooperative."

Thompson-who has been able to successfully defend several medical
cannabis clients from both the legal overreach of local government and
the DEA-said that the several bans on storefronts and delivery
services are often found originating in the antiquated groupthink of
organizations such as the League of California Cities. The powerful
lobbying group in Sacramento and Washington, D.C. has an entire
department for city attorneys to network and mobilize on hot-button
issues.

Menifee City Attorney Julie Briggs has proposed a public hearing
scheduled for July 16 to discuss an ordinance to ban "mobile
dispensaries." Menifee is also a member of the League of California
Cities.

Thompson says his law firm is currently working on an initiatives for
a special election to bring back storefronts to Riverside. A well
known polling firm is currently conducting research to draft the
initiative before it can revealed to voters.

Palm Springs City Ordinance No. 1758-adopted four years ago-has been
able to successfully regulate medical cannabis dispensaries that
comply with the criteria found in the Guidelines for the Security and
Non-Diversion of Marijuana Grown for Medical Use by the California
State Attorney General.

"Enough is enough," Thompson says. "Medical marijuana patients deserve
the safe and affordable distribution of medical marijuana under
California law."
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MAP posted-by: Matt