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Activism, Protest & Court Support The politics and activism of Medical Marijuana.

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Old 08-18-2009, 01:55 PM   #1 (permalink)
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Lake Forest vs. medical marijuana

this was front page of the OC Register today, thought id share:


LAKE FOREST Despite efforts to keep medical marijuana collectives from springing up, dispensaries continue to settle in Lake Forest business districts and shopping centers, taking advantage of the city's business-friendly policies.

At least 10 marijuana collectives are doing business in Lake Forest, setting up in office spaces that often go unnoticed by the city.

Though Lake Forest adopted an ordinance prohibiting any business that does not adhere to both state and federal laws, many of the dispensaries have taken advantage of the city's laissez-faire policy under which businesses are not required to register with the city.

There are about 50 marijuana dispensaries throughout the county. But many of the businesses have clustered in Lake Forest, including three that sit just feet from one another in the second floor of a shopping center on Raymond Way, less than 1,000 feet from an elementary school.

And though federal law prohibits the use and sale of marijuana, some dispensaries appear to be operating without meeting even state standards. Of the 10 dispensaries that were reviewed by The Orange County Register, four could not be verified as holding a state seller's permit – one of the guidelines set forth by the state's attorney.

When contacted and asked about a seller's permit, employees and owners either declined to comment or did not return requests for comment.

City officials said they have sent letters to some dispensaries and their landlords. But efforts to shut them down have so far been unsuccessful.

“To my knowledge, they're still operating,” said Scott Smith, attorney for the city.

But while some dispensaries maintain a low profile, one has taken a different approach.

“Why am I going to be open and all these people are getting right next to me, not abiding by the same law,” said Monica Hernandez, manager of the Lake Forest Alternative Center.

Since her collective opened four months ago, Hernandez has e-mailed back and forth with city code enforcement and attorneys, requesting that an ordinance regulating marijuana collectives be adopted.

“Briefly, the City makes no distinction between any of these uses – including your own – for we uniformly prohibit all uses which violate State or Federal Law,” wrote Lou Kirk, Lake Forest code enforcement supervisor in an e-mail to Hernandez.

When he first asked the city about opening a marijuana collective, Albert Maraz said officials told him it was not allowed in the city. Months later, he found that several dispensaries had opened and he began looking for a space.

But a lack of ordinances regulating dispensaries, landlords eager to rent commercial space and the fact that no business registration is required has drawn some dispensaries that cut corners, break the law and crowd around shopping centers, Maraz said.

“The whole city is basically open because the city is not doing anything,” Hernandez said.

While Maraz said his business follows state guidelines by charging sales tax and verifying the doctor recommendations of its customers, some do not, he said.

When he requires patients to bring in the original recommendation from their doctor, instead of a copy, some patients point out that other nearby dispensaries don't have such requirements.

“It's sad for the movement,” he said.

Some managers of dispensaries said the relationship with the city has been more of a quiet agreement; as long as there aren't any problems and a low profile is maintained.

“It's don't ask, don't tell,” Hernandez said.

City officials disagree.

Smith, the city's attorney, said the city is working on a new strategy to have dispensaries shut, although he said he did not want to specify how at the moment.

And though some dispensaries are acting according to state law, city ordinances still prohibit businesses that are illegal under federal law.

“I'm basically paying them (taxes) to tell me I can't be here,” Hernandez said.



http://headlines.ocregister.com/arti...ries-lake.html
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