[referee4]

A tentative ruling favors the city, its attorney says. Judge could make it final today.
BY VIK JOLLY

A judge who shared a tentative ruling last month on whether to force five medical marijuana dispensaries in Dana Point to hand over records to the city as part of an investigation into the facilities' operations is expected to make a final decision this afternoon.nov.2

Asking attorneys to work on a protective order on the issue of the release of names of the members of all dispensaries, Judge Glenda Sanders on Oct. 22 allowed attorneys to read her tentative decision.

"The tentative ruling is that the records would have to be produced and that the privacy concerns that have been raised would be addressed with a protective order," said Patrick Munoz, the city's attorney.

Attorneys appeared unlikely to agree on the language of a protective order that Munoz crafted and filed with the court on Friday. Munoz has shared the order with all parties.

"Direction from court was to put together a protective order that allowed for the release of names but in a very narrow manner," he said. "Unless (the dispensaries) change their view, I don't anticipate the issue being resolved without the court's assistance."

Sanders had said that she was not going to rule on the case until after the city and the dispensaries ironed out the names issue, which balances medical privacy protections and the city's attempt to figure out if the dispensaries are operating legally before changing any laws to allow them in town.

"We're awaiting a final ruling," Munoz said.

"Without the names, we don't know who to talk to" to check if what the businesses have listed in their financial records is true, Munoz has said.

"That's complete nonsense," said Jacek Lentz, attorney for Capistrano Beach dispensary Beach Cities Collective, after the last court hearing. The city would not be able to compare individual transactions because "no one keeps those records." Financials kept are broader accounts of gross sales, he said in an earlier interview.

Attorneys for the dispensaries could not be reached for comment before today's hearing. Attorneys for all five said in court that they would object to any release of member names.

The city in July served subpoenas for records to those operating marijuana dispensaries following a request to amend zoning laws to permit dispensaries.

The city does not have a specific ordinance prohibiting medical marijuana dispensaries. But that does not mean the operations are permitted, like many other uses not specifically addressed in municipal codes, said Munoz.

Before making any decision, the City Council wanted to determine if existing dispensaries are complying with state laws or if they are operating illegally, he said.

The subpoenas followed, but the five dispensaries refused to comply. So, the city went to court to seek assistance.

One of the dispensaries argued that the city's request for records, among other reasons, violates medical and financial privacy rights of its members, the Fifth Amendment's protection against self incrimination and the Second Amendment protection of freedom of association.

"The council is curious: are the existing organizations complying with all the state laws, (if so) then they might be more interested changing the municipal codes," Munoz said. "If the exiting businesses are just a sham and basically selling dope, then that might change their views."

The California Compassionate Use Act, also known as Proposition 215, which was approved by voters in 1996, allows for the use of marijuana for medicinal purposes.

Patients can legally use marijuana with permission from doctors under that law. However, federal law still forbids marijuana possession in most cases, which officials and lawyers say creates conflicts.

Several Orange County cities have adopted ordinances that ban medical marijuana dispensaries, including Huntington Beach, Laguna Beach, Laguna Niguel, Garden Grove, Seal Beach, Aliso Viejo, Laguna Hills and Orange. The only city in Orange County that has approved dispensaries is Laguna Woods.

Sanders said if she decides that the dispensaries must turn over names, she would give the facilities 30 days to produce the records.

Attorney Lentz has said the names should be kept private because California's Compassionate Use Act of 1996 allows for anonymity by letting individuals get permission from their doctor in a private setting. Lentz said the city's attempt at getting the names is a way for it to get around the anonymity factor.

The court proceedings come after a Department of Justice announcement last month that the focus in the war on drugs should be on drug traffickers, not medical marijuana dispensaries. Although federal prosecutors may now be backing off these facilities, state and local governments are not.

Contact the writer: 949-465-5424 or vjolly@ocregister.com


Ruling on releasing names of pot dispensary clients expected | dispensaries, city, names, marijuana, records - News - OCRegister.com

[Thunders]

such bullshit, i better not be getting any calls from anyone official about this, if my medical insurance calls me about this somebody is getting sue'd (not any dispensaries, even the overpriced ones lol)

[Pacifico]

bs is what it sounds like

[mikesong]

the best weapon to eradicate MMJ is what it sounds like