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Cali Losing War Against Dispensaries


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#1 Nix

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Posted 15 November 2011 - 04:40 PM

Good article from California about how the cities can't keep up with all of the lawsuits coming from dispensaries.

http://www.latimes.c...9226,full.story

#2 Kingdiamond

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Posted 15 November 2011 - 04:46 PM

Good if they wont listen to common sense maybe if they are forced into bankruptcy they will stop wasting their time shutting down something that is legal and good for both the medical community and the local economy.

#3 amish4ganja

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Posted 16 November 2011 - 10:25 PM

Ha!!! Reality comes up and bites cities in the back pocket. They have lost the war, but they won't accept it and it is going to bankrupt them. Maybe the citizens will wake up and put a halt to their foolishness, but I doubt it. It seems like Americans somehow got lulled into a sense of laisez faire by 20 years of Republican propaganda. Now the chickens are coming home to roost and the Republicans are doing all they can to drive the last stakes into the heart of democracy in hopes of killing it once and for all.

Democracy is a political system. Capitalism is an economic system. Capitalism does not thrive the best under Democracy because it is an unfeeling, totally objective system in which the goal is to acquire as much material goods as possible without any rules to hamper the acquisition of said goods. Democracy makes it possible for the participants in the capitalist system to set rules on the accumulation of money and power, something which free market capitalists find abhorrent.

#4 DR. GT

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Posted 18 November 2011 - 12:54 PM

I hope they make them go under they need to focus on more important things than legal dispensarys.....

#5 tricloud

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Posted 18 November 2011 - 01:07 PM

I think we are on the cusp of a major change. Have you seen how many states are shooting for medical marijuana in 2012?

#6 JB420

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Posted 18 November 2011 - 01:23 PM

I think we are on the cusp of a major change. Have you seen how many states are shooting for medical marijuana in 2012?

I can't even keep up their are so many new bills proposals etc. we could hit the 26 over half of the states mark, and thats where it should get interesting imo.

#7 DR. GT

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Posted 18 November 2011 - 01:27 PM

i know we should have a fourm just for changes in the law...

#8 bobandtorey

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Posted 17 April 2012 - 07:09 AM

Advocates and opponents of California’s medical marijuana clinics are in a legal no-man’s land after a flurry of appellate court decisions that contradict each other on whether local governments can ban the dispensaries.

The decisions also conflict on how the clinics can supply themselves with marijuana.

“We have had a potpourri of various court rulings, and they’re all conflicting,” said Lanny Swerdlow, a registered nurse and board member of a Riverside-based Inland Empire Patient’s Health and Wellness Center.



“We have had one 4th District Court branch say cities can ban; we have had another 4th District Court branch saying ‘no,’ cities can’t ban; We’ve had the 2nd District court say you are allowed to transport, whereas the 4th District Court said you can’t transport – it’s just a total disaster,” he said.

The whipsaw of court rulings leave more than 200 cities that have instituted bans of medical marijuana clinics -- as well as the clinic operators and patients who use them -- uncertain of where they will land when the law gets settled.

The battle is over whether local governments can preempt the state laws governing medical marijuana clinics – the state's 1996 Compassionate Use Act (Prop. 215) or the state Legislature's Medical Marijuana Program.

Clinic advocates say local governments disregard state law by banning the clinics; attorneys for the counties and cities say they are within their right to use zoning laws to ban the dispensaries.

The courts’ north-and-south pole rulings are likely because of a lack of clarity in the laws, said Stanford Law School professor Robert Weisberg.

“Clearly the problem here is that there is some language in the medical marijuana laws that some people think is a little ambiguous,” he said. “That might invite municipalities to use local zoning laws that restrict or forbid the clinics, and there seems to be some ambiguities about that.”

The Riverside decision cites, “Where, as here, there is no clear indication of preemptive intent from the Legislature, we presume Riverside’s zoning regulations…are not preempted by state law,” Associate Justice Carol Codrington wrote.

A ruling regarding the City of Long Beach took another turn. The coastal city decided it would allow dispensaries, but wanted to regulate them with its own ordinances. A court decided that the city could not make such rules because under federal law, marijuana is illegal.

The latest twist in the dispensary legal saga came Feb. 29, when the 4th District Court of Appeal based in Santa Ana ruled that the City of Lake Forest in Orange County could not ban medical marijuana dispensaries.

That came after a series of rulings that favored cities and counties exerting greater local control over the clinics, topped by a decision by the 4th District Court in Riverside’s November ruling that local governments could ban the dispensaries outright, said John Higginbotham, an attorney with the Riverside-based law firm of Best Best & Krieger. The law firm has represented several cities in the legal fight to ban the clinics.

“The Lake Forest decision was kind of a surprise to many people,” Higginbotham said. “It’s hard to reconcile all those previous cases with that.”

The Riverside decision was vacated when the state Supreme Court in January took it and three other medical marijuana cases to eventually rule on the already tumultuous legal structure of California’s medical marijuana laws.

Attorneys for Lake Forest have petitioned to the state high court to take their case as well; but for now the published decision, which says local governments cannot ban the clinics, is the only effective one in the state.

And that left a new tear in the legal fabric for the more than 200 local governments that now have laws banning medical marijuana dispensaries, an estimate from the Coalition for a Drug-Free California, a group that opposes the clinics.

In March, a Shasta County Superior Court judge denied the City of Redding’s bid for a court order to shut down dispensaries in that city. The judge cited the Lake Forest case.

Redlands attorney James De Aguilera, who represents several clinics, says he has started sending legal challenges called demurrers on behalf of his clients to cities that banned the dispensaries. The demurrers cite the Lake Forest case, and say that ruling leaves the cities trying to ban clinics without jurisdiction to do so.

De Aguilera said he has filed on behalf of two clinics in Upland and one in Jurupa Valley.

“There is going to be a lot of activity,” he said. “Lake Forest is the law of the land right now.” De Aguilera added that he expects the Supreme Court will take the Lake Forest case and vacate it as well. But until then, he said, “The city clerk has a duty to issue business licenses. If they law changes again, we’ll already have our business licenses. That is our plan.”

And there’s another twist: the Lake Forest decision, while saying cities and counties could not ban dispensaries, also ruled that each dispensary must grow all their marijuana on location. Dispensary advocates said that part of the ruling guarantees to shut down most operations.

“That would put 98 percent of the collectives out of business,” Swerdlow said.

But Higginbotham of BB&K said it would only end small outlets and allow dispensary operators with big money to open storefronts attached to warehouse-sized operations, to comply with the court ruling.

But it’s not a settled issue. A few days before the Lake Forest decision, a Los Angeles appellate court ruled in a criminal case that it was not illegal for a man to bring a pound of marijuana from one medical marijuana establishment to another, in this case from Humboldt County to Los Angeles.

How that sets with the civil ruling saying dispensaries have to home-grow all their supply is unclear, like much of the rulings regarding medical marijuana.








http://www.pe.com/lo...clinic-bans.ece


#9 solabeirtan

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Posted 17 April 2012 - 08:01 AM

Ha!!! Reality comes up and bites cities in the back pocket. They have lost the war, but they won't accept it and it is going to bankrupt them. Maybe the citizens will wake up and put a halt to their foolishness, but I doubt it. It seems like Americans somehow got lulled into a sense of laisez faire by 20 years of Republican propaganda. Now the chickens are coming home to roost and the Republicans are doing all they can to drive the last stakes into the heart of democracy in hopes of killing it once and for all.

Democracy is a political system. Capitalism is an economic system. Capitalism does not thrive the best under Democracy because it is an unfeeling, totally objective system in which the goal is to acquire as much material goods as possible without any rules to hamper the acquisition of said goods. Democracy makes it possible for the participants in the capitalist system to set rules on the accumulation of money and power, something which free market capitalists find abhorrent.


Well said GW. One of the most important rules is worker protections or protecting your working classes. Not 'Free Trade' zones.

As you pointed out there are supposed to be two separate entities. Our current system no longer represents the People but the Corporations. Democracy or any sembalance thereof is not possible anymore.

Capitalism has devoured our precious democracy, sound familiar ?

#10 Bisharoo

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Posted 17 April 2012 - 08:40 AM

Ok, I am ready for your attacks. I know most of you really believe the crap you say, so I know it will be easy to attack me because most of you are in the large democratic (or republican) mob. Democracy is just mob rule. The same as having the largest gang rule over the rest. This is why we set up a constitutionally limited republic that would respect and protect the individual human rights of each individual. It didn't last, never got a chance o be fully implemented like our law here, as we have returned to mob rule. If you are an individual in a minority situation, under democracy, you would always be a minority voter and never get the breaks of the big group with the most votes. Hitler was voted in by majority rule. The only way to protect individuals who are not in the group in power is to have a law that says the individual, as long as they are not infringing on the rights of others, is to be respected and protected above all other laws. Democracy allows folks in the minority to be sacrificed for the sake of the many. Democracy is great unless you are in the smaller group, or you are in the group that the larger group wants to target as criminals simply because they do not agree with their personal choices. Democracy is not good. It is a lie that we were taught in school to make us in to good little worker bees. Yes, our current system of democracy does not represent individuals like you or me, just their group, so if you are out of their group's parameters, you will be eliminated as a threat to their power base. Democracy is alive and well, unfortunately, and it will destroy us further if we do not stand up and demand that the individual human rights of each individual is protected, regardless of which group they pledge their allegiances to. This what democracy always does. Mob rule. Only you get to vote which mob you want in there, your mob or the other guys mob. You are a minority today because you are associated with the medical cannabis community. You are targeted because that is what democracy does, vote for the large group and kill off or imprison individuals that get in their way. Democracy will always have us pitting groups or kings or gangs or thugs or political parties against each other. A constitutionally limited republic, with limitations on the government so that each individuals rights are upheld above all other laws.
So, keep your democracy for Nazi Germany, I would prefer a republic that respects the rights of each individual. How did we get so messed up, with folks believing that democracy was a good thing? If democracy were not evil, it would never be used to say things like "we can vote away your right to protect your life". You cannot vote away individual, basic human rights. You have the right to exist for your own sake, unencumbered by the use or threat of force from any king or tyrant or gang or mob or government. You have a right to your own life, and to find your own happiness through the liberty we are born with. If you are not harming others, no king or democracy should be your enemy, but they are. A democracy is the enemy to free people everywhere, and it is harming and hurting you and me today. Free trade zones were a product of democrat and republican lawmakers, not companies, but if you want to believe that the companies can do all this stuff on their own without a lot of backing, encouraging, and designing from your own lawmakers, you had better wake up.
Ok, let all you folks who love democrats (and republicans?) and their democracy, start attacking me, because I am a threat to your status quo now.
What a great school system we have, turning out millions of good worker bees and subservient class with our democracy helping us all along the road to hell.
Go ahead now, all you democracy/mob rule lovers, and attack attack attack! Show me the error of my ways. I will die knowing that I tried to wake some folks up before we get marched into the ovens. Try not to hasten our march if you can help yourselves.

#11 bobandtorey

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Posted 17 April 2012 - 08:44 AM

Ok, I am ready for your attacks. I know most of you really believe the crap you say, so I know it will be easy to attack me because most of you are in the large democratic (or republican) mob. Democracy is just mob rule.

The same as having the largest gang rule over the rest. This is why we set up a constitutionally limited republic that would respect and protect the individual human rights of each individual. It didn't last, never got a chance o be fully implemented like our law here, as we have returned to mob rule. If you are an individual in a minority situation, under democracy, you would always be a minority voter and never get the breaks of the big group with the most votes

. Hitler was voted in by majority rule. The only way to protect individuals who are not in the group in power is to have a law that says the individual, as long as they are not infringing on the rights of others, is to be respected and protected above all other laws.

Democracy allows folks in the minority to be sacrificed for the sake of the many. Democracy is great unless you are in the smaller group, or you are in the group that the larger group wants to target as criminals simply because they do not agree with their personal choices.

Democracy is not good. It is a lie that we were taught in school to make us in to good little worker bees. Yes, our current system of democracy does not represent individuals like you or me, just their group, so if you are out of their group's parameters, you will be eliminated as a threat to their power base.


Democracy is alive and well, unfortunately, and it will destroy us further if we do not stand up and demand that the individual human rights of each individual is protected, regardless of which group they pledge their allegiances to.

This what democracy always does. Mob rule. Only you get to vote which mob you want in there, your mob or the other guys mob. You are a minority today because you are associated with the medical cannabis community. You are targeted because that is what democracy does,

vote for the large group and kill off or imprison individuals that get in their way. Democracy will always have us pitting groups or kings or gangs or thugs or political parties against each other. A constitutionally limited republic, with limitations on the government so that each individuals rights are upheld above all other laws.
So, keep your democracy for Nazi Germany, I would prefer a republic that respects the rights of each individual.


How did we get so messed up, with folks believing that democracy was a good thing? If democracy were not evil, it would never be used to say things like "we can vote away your right to protect your life". You cannot vote away individual, basic human rights.

You have the right to exist for your own sake, unencumbered by the use or threat of force from any king or tyrant or gang or mob or government. You have a right to your own life, and to find your own happiness through the liberty we are born with.

If you are not harming others, no king or democracy should be your enemy, but they are. A democracy is the enemy to free people everywhere, and it is harming and hurting you and me today. Free trade zones were a product of democrat and republican lawmakers, not companies,

but if you want to believe that the companies can do all this stuff on their own without a lot of backing, encouraging, and designing from your own lawmakers, you had better wake up.
Ok, let all you folks who love democrats (and republicans?) and their democracy,

start attacking me, because I am a threat to your status quo now.
What a great school system we have, turning out millions of good worker bees and subservient class with our democracy helping us all along the road to hell.
Go ahead now, all you democracy/mob rule lovers, and attack attack attack!

Show me the error of my ways. I will die knowing that I tried to wake some folks up before we get marched into the ovens. Try not to hasten our march if you can help yourselves.


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#12 solabeirtan

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Posted 17 April 2012 - 09:00 AM

There is a respectable name for it: Lobbyists and a better one 'The Brown Envelope' [usually packed with a healthy supply of new Franklins], bribery, graft and many more not so pleasant forms of coercion. Democracy under Capitalism?

#13 Bisharoo

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Posted 17 April 2012 - 09:17 AM

Can't expect to undo 50 plus years of propaganda in one post. I feel so sorry for our people, what we have let ourselves become. May peace and love fill our hearts and homes this day.

#14 bobandtorey

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Posted 17 April 2012 - 09:54 AM

Can't expect to undo 50 plus years of propaganda in one post. I feel so sorry for our people, what we have let ourselves become. May peace and love fill our hearts and homes this day.


i agree but i do try every day

#15 amish4ganja

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Posted 17 April 2012 - 09:50 PM

Can't expect to undo 50 plus years of propaganda in one post. I feel so sorry for our people, what we have let ourselves become. May peace and love fill our hearts and homes this day.




Amen.

#16 Fat Freddy

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Posted 18 April 2012 - 05:10 PM

Ok, I am ready for your attacks. I know most of you really believe the crap you say, so I know it will be easy to attack me because most of you are in the large democratic (or republican) mob. Democracy is just mob rule. The same as having the largest gang rule over the rest. This is why we set up a constitutionally limited republic that would respect and protect the individual human rights of each individual. It didn't last, never got a chance o be fully implemented like our law here, as we have returned to mob rule. If you are an individual in a minority situation, under democracy, you would always be a minority voter and never get the breaks of the big group with the most votes. Hitler was voted in by majority rule. The only way to protect individuals who are not in the group in power is to have a law that says the individual, as long as they are not infringing on the rights of others, is to be respected and protected above all other laws. Democracy allows folks in the minority to be sacrificed for the sake of the many. Democracy is great unless you are in the smaller group, or you are in the group that the larger group wants to target as criminals simply because they do not agree with their personal choices. Democracy is not good. It is a lie that we were taught in school to make us in to good little worker bees. Yes, our current system of democracy does not represent individuals like you or me, just their group, so if you are out of their group's parameters, you will be eliminated as a threat to their power base. Democracy is alive and well, unfortunately, and it will destroy us further if we do not stand up and demand that the individual human rights of each individual is protected, regardless of which group they pledge their allegiances to. This what democracy always does. Mob rule. Only you get to vote which mob you want in there, your mob or the other guys mob. You are a minority today because you are associated with the medical cannabis community. You are targeted because that is what democracy does, vote for the large group and kill off or imprison individuals that get in their way. Democracy will always have us pitting groups or kings or gangs or thugs or political parties against each other. A constitutionally limited republic, with limitations on the government so that each individuals rights are upheld above all other laws.
So, keep your democracy for Nazi Germany, I would prefer a republic that respects the rights of each individual. How did we get so messed up, with folks believing that democracy was a good thing? If democracy were not evil, it would never be used to say things like "we can vote away your right to protect your life". You cannot vote away individual, basic human rights. You have the right to exist for your own sake, unencumbered by the use or threat of force from any king or tyrant or gang or mob or government. You have a right to your own life, and to find your own happiness through the liberty we are born with. If you are not harming others, no king or democracy should be your enemy, but they are. A democracy is the enemy to free people everywhere, and it is harming and hurting you and me today. Free trade zones were a product of democrat and republican lawmakers, not companies, but if you want to believe that the companies can do all this stuff on their own without a lot of backing, encouraging, and designing from your own lawmakers, you had better wake up.
Ok, let all you folks who love democrats (and republicans?) and their democracy, start attacking me, because I am a threat to your status quo now.
What a great school system we have, turning out millions of good worker bees and subservient class with our democracy helping us all along the road to hell.
Go ahead now, all you democracy/mob rule lovers, and attack attack attack! Show me the error of my ways. I will die knowing that I tried to wake some folks up before we get marched into the ovens. Try not to hasten our march if you can help yourselves.


It is not that democracy is flawed, it is the people that get elected through fabrications designed to distract and deceive the people. It is those very same people that believe that gold and silver makes them better then those they were meant to serve. Our bill of rights provides for the right to life, liberty, and the pursuit of happiness. Yet we are denied those very same rights if we step out of line. Our fight goes on as we watch the political body seek to influence the Judaical system. We have three arms to our government for a reason. It is called checks and balances. Soon all of the promises of the body politic will show themselves to be lies and the Judaical Representative will know they have been had. Whoa to those that have made their hollow promises of favor.

#17 ruebo

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Posted 14 July 2012 - 04:40 PM

I agree and corruption flows from the top ranks like a giant tinkle on an ant hill regardless if its streaming down at you from a little left/alot left or a little or lot right;). I have heard it aptly descibed before as a scientific dictatorship, most assuredly completely predetorial and opposite of what is paraded around. You and I are worker ants and have a shelf life....but hey my attempt at optimism would be that the shite hasnt hit the fan completely yet so woohoo lets try to enjoy the last vestiges of freedom while we can.

#18 Celliach

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Posted 14 July 2012 - 06:25 PM

Back on topic. Did anyone read the whole story from the link? At the end of the story it said the appeals court had ruled that local governmaents COULD put bans on dispensaries.

I don't understand how that equates to
"Cali Losing War Against Dispensaries"


Because according to the article the state is winning.

#19 Celliach

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Posted 14 July 2012 - 06:26 PM

Ok, I am ready for your attacks. I know most of you really believe the crap you say, so I know it will be easy to attack me because most of you are in the large democratic (or republican) mob. Democracy is just mob rule. The same as having the largest gang rule over the rest. This is why we set up a constitutionally limited republic that would respect and protect the individual human rights of each individual. It didn't last, never got a chance o be fully implemented like our law here, as we have returned to mob rule. If you are an individual in a minority situation, under democracy, you would always be a minority voter and never get the breaks of the big group with the most votes. Hitler was voted in by majority rule. The only way to protect individuals who are not in the group in power is to have a law that says the individual, as long as they are not infringing on the rights of others, is to be respected and protected above all other laws. Democracy allows folks in the minority to be sacrificed for the sake of the many. Democracy is great unless you are in the smaller group, or you are in the group that the larger group wants to target as criminals simply because they do not agree with their personal choices. Democracy is not good. It is a lie that we were taught in school to make us in to good little worker bees. Yes, our current system of democracy does not represent individuals like you or me, just their group, so if you are out of their group's parameters, you will be eliminated as a threat to their power base. Democracy is alive and well, unfortunately, and it will destroy us further if we do not stand up and demand that the individual human rights of each individual is protected, regardless of which group they pledge their allegiances to. This what democracy always does. Mob rule. Only you get to vote which mob you want in there, your mob or the other guys mob. You are a minority today because you are associated with the medical cannabis community. You are targeted because that is what democracy does, vote for the large group and kill off or imprison individuals that get in their way. Democracy will always have us pitting groups or kings or gangs or thugs or political parties against each other. A constitutionally limited republic, with limitations on the government so that each individuals rights are upheld above all other laws.
So, keep your democracy for Nazi Germany, I would prefer a republic that respects the rights of each individual. How did we get so messed up, with folks believing that democracy was a good thing? If democracy were not evil, it would never be used to say things like "we can vote away your right to protect your life". You cannot vote away individual, basic human rights. You have the right to exist for your own sake, unencumbered by the use or threat of force from any king or tyrant or gang or mob or government. You have a right to your own life, and to find your own happiness through the liberty we are born with. If you are not harming others, no king or democracy should be your enemy, but they are. A democracy is the enemy to free people everywhere, and it is harming and hurting you and me today. Free trade zones were a product of democrat and republican lawmakers, not companies, but if you want to believe that the companies can do all this stuff on their own without a lot of backing, encouraging, and designing from your own lawmakers, you had better wake up.
Ok, let all you folks who love democrats (and republicans?) and their democracy, start attacking me, because I am a threat to your status quo now.
What a great school system we have, turning out millions of good worker bees and subservient class with our democracy helping us all along the road to hell.
Go ahead now, all you democracy/mob rule lovers, and attack attack attack! Show me the error of my ways. I will die knowing that I tried to wake some folks up before we get marched into the ovens. Try not to hasten our march if you can help yourselves.


Ahhhh! I remember when I tried MMJ for the first time.




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