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| Medical Marijuana Politics The politics of MMJ |
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| Quick Fused Sighter Join Date: Jan 2008 Location: colliefornia Co-Op: no Vendor: no Patient: yes
Posts: 203
Rep Power: 907 | Re: How Are All These New Clubs Opening??? Have They Not Heard Of The Moratorium?? Damn there is alot of tools out there. fuck the governemtn. let them put in as many mmj shops as possible. nobody spenind money on nothing else and there is ton of retail properties for lease. dispensary = collective and collective = dispensary. they are just words. unless you run a true patients cooperative these are all just distributors, and there is nothing wrong with that. oh>>> did you know almost every major not for profit org pays their exectives six and seven figure salaries??????>>>>and why cant we operate next to a church ?? my local gun store is 20 feet from a church. |
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| Pump it up Join Date: Oct 2008 Location: Restoring my brand of freedom Co-Op: no Vendor: no Patient: yes
Posts: 97
Rep Power: 3093 | Re: How Are All These New Clubs Opening??? Have They Not Heard Of The Moratorium?? Quote:
Does WT care if a co-op is legal or not? the answer is no their only concern is PAYMENTS. please send all bad rep directly to me no need to hit the report button | |
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| | #528 (permalink) | |
| Weed Wizard Of Westwood Join Date: Jan 2007 Location: Santa Monica Co-Op: no Vendor: no Patient: yes
Posts: 7,872
Rep Power: 218685 | Re: How Are All These New Clubs Opening??? Have They Not Heard Of The Moratorium?? Quote:
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| | #529 (permalink) | |
| www.petorphans.org Join Date: Apr 2007 Location: when you come to the fork in the road take it Co-Op: no Vendor: no Patient: yes
Posts: 5,240
Rep Power: 590329 | Re: How Are All These New Clubs Opening??? Have They Not Heard Of The Moratorium?? Quote:
Last edited by zbestwun2001; 10-06-2009 at 06:07 PM.. Reason: damn eyes | |
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| | #530 (permalink) | |
| Pump it up Join Date: Oct 2008 Location: Restoring my brand of freedom Co-Op: no Vendor: no Patient: yes
Posts: 97
Rep Power: 3093 | Re: How Are All These New Clubs Opening??? Have They Not Heard Of The Moratorium?? Quote:
if he want us to ban places that do advertising then he wouldn't have a place to start a thread.. there should be a thread when you get a WT account. called sensitivity training | |
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| | #531 (permalink) | |
| Stoned Immaculate Join Date: Apr 2009 Location: Canoga Park, Fool Co-Op: NO Vendor: NO Patient: YES
Posts: 2,615
Rep Power: 320016 | Re: How Are All These New Clubs Opening??? Have They Not Heard Of The Moratorium?? Quote:
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| | #532 (permalink) |
| WT Regular Join Date: Aug 2009 Location: Southern California Co-Op: no Vendor: no Patient: yes
Posts: 205
Rep Power: 7505 | Re: How Are All These New Clubs Opening??? Have They Not Heard Of The Moratorium?? If things go badly for us in LA City Council chambers in the coming weeks, there won't be any clubs to worry about anymore. The argument of legal clubs vs. illegal clubs could soon be irrelevant. The Council could declare them ALL illegal if it so chooses. At stake is the whole concept of a storefront operation. Since not everyone can be a member of a TRUE collective, where does that leave thousands of patients? Everyone should do what they can NOW to help influence the coming regulations for Los Angeles. The system that has evolved is in serious jeopardy. It is being assaulted by our own LA city attorney who has blatantly sided with anti-medical marijuana interests. Contact your local councilperson, tell them what you think. Or join an advocacy group like ASA. Or maybe even do it the old fashioned way: go to that protest in Montebello on Thursday. |
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| | #533 (permalink) |
| Hi, Im New! Join Date: Sep 2009 Location: Los Angeles, California Co-Op: Yes Vendor: No Patient: Yes
Posts: 13
Rep Power: 0 | Re: How Are All These New Clubs Opening??? Have They Not Heard Of The Moratorium?? I hear you on the time and effort you have put into making this reality come true and I am with you on not having sympathy for greedy people only out for themselves. lawyers are just professional liars anyway and are paid for telling you what you want to hear just like a tarot card reader or a psychic! you get what you pay for or better yet a fool and his money is soon parted. But let us consider also what people like Dan Trutanich and other's like him are doing...they are supposed to represent the people and the laws of the land that the people make up to be governed and live by in our democratic society, yet they only want to argue that we are breaking the law (federal) and that we are criminals flaunting it in their faces...and I guess some of the criminal elements of society are doing just that at the moment. But you know they say that what doesn't kill you can only make you stronger....lets hope were not getting killed here. |
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| | #534 (permalink) | |
| www.petorphans.org Join Date: Apr 2007 Location: when you come to the fork in the road take it Co-Op: no Vendor: no Patient: yes
Posts: 5,240
Rep Power: 590329 | Re: How Are All These New Clubs Opening??? Have They Not Heard Of The Moratorium?? Quote:
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| | #535 (permalink) | |
| Stoned Immaculate Join Date: Apr 2009 Location: Canoga Park, Fool Co-Op: NO Vendor: NO Patient: YES
Posts: 2,615
Rep Power: 320016 | Re: How Are All These New Clubs Opening??? Have They Not Heard Of The Moratorium?? Quote:
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| | #536 (permalink) |
| Quick Fused Sighter Join Date: Jan 2008 Location: colliefornia Co-Op: no Vendor: no Patient: yes
Posts: 203
Rep Power: 907 | Re: How Are All These New Clubs Opening??? Have They Not Heard Of The Moratorium?? STOP falling victim to their scheme. Dont let special interests fool you. We have opposition on both sides of the law. Think for yourself and realize that less is not better. The more dispensaries, the safer the ones in exsitance are. Competition also raises quality while lowering prices. Sink or swim. Amsterdam has 300 coffeeshops and less than 1 million people. Los angeles has 400+ dispensaries, and more than 12 million people. You do the math. You all think we need half the amount of dispensaries we have now? I think we double the amount. Lets turn the tides and bring a financial tidal wave over the masses and dazzle them with tax numbers. California will start the tide of change for re-legalization, and the los angeles medical scene can be the epicenter of proof to show to the citizens that cannabis can suceed and thrive in legitimate retail marketplace and we have the power to make this a reality. Lets work together and make sure that we pass the california cannabis iniative in 2010. |
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| | #537 (permalink) |
| www.petorphans.org Join Date: Apr 2007 Location: when you come to the fork in the road take it Co-Op: no Vendor: no Patient: yes
Posts: 5,240
Rep Power: 590329 | Re: How Are All These New Clubs Opening??? Have They Not Heard Of The Moratorium?? This post just came to my attention on another forum It is left by Chuck Linder of member of our forum ( he uses he name here) and a very knowledgeable attorney .. Take 10 minutes to read this as it is VERY IMPORTANT! LA Dispensary Warning..not sure where to post this - 420 Magazine __________________________________________________ ______ I just came across this post made less than an hour ago on another forum, I don't know if it's real, but it's better to be safe than sorry, right? This sounds bad.. "WARNING-ALL MEDICAL MARIJUANA DISPENSARIES IN LOS ANGELES Tomorrow, District Atty. Steve Cooley and Los Angeles City Attorney Carmen Trutanich will be speaking at a luncheon training meeting of narcotics officers in the greater Los Angeles area. Before you read further, it is necessary to relate why I am writing to you authoritatively. I have been practicing criminal law in Los Angeles for 35 years, am the past president of the Los Angeles Criminal Courts Bar Assoc. Cooley and I have been friends for roughly 20 years. Between my trying death penalty cases, I enjoy representing growers, vendors and clinics in the medical marijuana community and now represent a dozen Southern California clinics on a monthly retainer basis, and I have been doing so since 2005. If you need more of my bona fides, go to my website: havecrimewilltravel.com. This is not an advertisement. IT IS THE BASIS FOR THE WARNING THAT FOLLOWS: I met privately with Mr. Cooley last Friday for roughly 90 minutes. With respect to our discussions re medical marijuana clinics, I am now convinced that clinic raids likely will occur sometime within the next week or two. The basis for my opinion is Dist. Atty. Cooley's representation to me that tomorrow's luncheon is about strategy and tactics, and therefore attendance at the meeting is limited to law enforcement only. (I tongue-in-cheek offered to buy Cooley and Trutanich lunch if I could come, but was smilingly turned down. Also not a good sign for clinic owners...) If the DA and the City Attorney had concerns about their legal interpretation of SB 420, it is my opinion that tomorrow's training would not be about tactics. The word "tactics" connotes preparation for action, and preparation for action when directed at narcotics officers overwhelmingly suggests preparations for raids. "Tactics" in this case probably means educating the narcs regarding their search warrant affidavits - i.e., what factual rendition that would cause a judge to believe an officer's representation that a felony was being committed inside the clinic. The prosecutors are relying on the last two pages of the California Supreme Court decision in People versus Mentch, in which Justice Werdegar, writing for a unanimous Court, states that marijuana may not be sold by someone outside a collective to a collective owner, manager or member. The prosecutors object to clinics that operate at great profit to the owners (taking them outside the nonprofit status of SB 420). They also object to the vast proliferation of clinics, especially in the city of Los Angeles (and more especially during a ban on clinics opening while the hardship process occurred). 2) They also object to the vast proliferation of clinics, especially in the City of Los Angeles (and more especially considering the proliferation during a ban on clinics opening while the hardship process occurred). 3) The recent proliferation of clinics is mostly caused by people wanting to make money quickly with relatively little outlay when considered against the return on investment. Our office averages about 5-6 calls per day from potentially new entrepreneurs. Some of you are dedicated to marijuana as medicine. I know that. Others are dedicated to making money. You know that. I expect that the cops, supported by various task forces and the DEA, will raid a significant number (a dozen or more?) clinics very dramatically and with news crews broadcasting, door kicking, dope grabbing, detaining, arresting, etc. behavior. Some law enforcement mucky muck will explain that the clinics violate both state and federal law (thereby meeting A.G. Holder’s rules for DEA engagement). So DO THIS NOW to protect yourselves and your patients: 1) Protect your patient records. If you use computers and a modem to run your business you may be a “provider” within the meaning of the federal HIPAA medical privacy laws, and your patients’ physician’s recommendations must be protected. In addition, the medical information falls within Article 1, Section 1 privacy provisions of the California Constitution. I assure you that the narcs will not care about HIPAA or the State Constitution and will seize your records. Let your lawyer worry about that problem. We actually have skills for this sort of thing. 2) My advice: A) duplicate your entire patient list and physicians’ recommendations in the next few days, preferably on computer, and preferably cached in a place that is secure (your house is not secure). They will hit your house and take your computer, as well as the clinic’s computer. Store the records encrypted online or on a CD or DVD or for that matter, a USB transport drive); B) your patient books must remain onsite for you to legally conduct business. However, your accounting books, correspondence and other papers should be removed and stored in a safe place, again not your residence. If the cops want your books, the DA knows how to issue a subpoena, and hopefully your lawyer knows how to quash one; C) The narcs will especially be looking for “pays and owes”, i.e., notes or lists of what marijuana you purchased, at what price and what you sold that product for at a presumably higher price. It does not matter whether you have used aliases or encrypted names. The list is the list and is a nasty piece of prosecution evidence if the disparity of what you paid and what you sold for is substantial. Put it somewhere safe. They will try to decrypt it, and at a minimum, use expert testimony to explain its intricacies to a jury. 3) Minimize your on-site inventory. They are going to take it, so the more you have, the more you will lose. If somebody else gets hit, breathe a sigh of relief after the next round is over. 4) If you are raided, the cops will order you to open the safe. Presumably, the warrant will cover the contents in any safe, which means their order is legal (read the warrant – they have to give you a copy). Open the safe if the cops order it. If you don’t cooperate, they will have locksmiths drill the safe. Why waste a good safe? Obviously, it would be good to have nothing of significance inside the safe. 5) These raids will make no sense unless the cops make arrests. The cops may arrest all employees in the dispensary, or just the manager, or just the owner, etc.. We have no way of knowing who or how many in advance. You probably will be charged with violating Health & Safety Code Sec. 11359 (possession for sale – a felony). Bail for Sec. 11359 is $20,000 for under a pound, $25,000 for more than 1 lb., $30,000 for more than 10 pounds, $50,000 for more than 25 pounds and $100,000 for over 50 pounds. If you have edibles, they will count the weight of each entire brownie, etc. The smaller the inventory the smaller your bail. Assume you or your employees are going to get arrested NOW, not later, and make preparations to pay for bail. The cops also may cheat and weigh the weed inside its container. Shit happens. Just be ready. Jail is unpleasant. 6) Put aside a serious chunk of money NOW for lawyers. If you own a clinic, you may have a very hard time qualifying for public defender or indigent defense legal services. Employees are more likely to get appointed counsel since they make relatively small money. DO NOT put your bail or attorney money into your BANK. As soon as they can find bank statements, check books, etc., they are going to freeze your accounts, and then try to forfeit your money. They also will tell the bank not to let you have access to your accounts, and your bank will obey. Make alternative plans with people you can trust. You are simply trying to keep your business going under potential adverse circumstances. Your business is legal under California law, and you should take appropriate precautions. Think earthquake, etc.. 7) DO NOT under any circumstance deposit or withdraw $10,000 or more from your bank. They are required to report such transactions to the FBI. They also may, but are not required to, report smaller cash deposits and withdrawals. 8) If your patients use an on-site debit or credit card machine, there is a fair chance that IRS forensic accountants will eventually be looking at those transactions. Your books must reflect your patients’ electronic transactions. There are formulas for extrapolating gross income from credit/debit card data. 9) The cops are not your friends. If they arrest you, they will not “go easy” on you if you cooperate. They will not “talk to the DA” on your behalf. They will screw you. They are expressly allowed by the U.S. Supreme Court to lie to you to get you to confess wrongdoing. SHUT UP AND CALL A LAWYER. DO NOT WAIVE YOUR MIRANDA RIGHTS. IF TIME GOES BY, JUST SIT THERE AND BEAR IT. 10) The reason weed costs $400/oz. is because it is legally dangerous to possess, grow, sell or transport. You may take the risk out of dedication to “the cause”, but some of you make a very healthy living. If it wasn’t illegal, everyone could grow it in his/her backyard. Stop bitching. This risk was and is inherent to the business, and presumably your prices incorporate that risk. 11) If you don’t have a lawyer, i.e., a criminal lawyer, find one NOW. You will need to call someone when it hits the fan, and criminal lawyers after your arrest will demand to be paid up front, as you have no business relationship. (We deal with criminals. What would you expect?) 12) NORML has a list of “approved counsel”. I am on that list, but I don’t like the list itself. You do not need a “marijuana lawyer” no matter what other civilians tell you. You need a very very good criminal lawyer, preferably one who does marijuana cases as a part, but not the entirety of, his/her practice. 13) Some idiot out there seems to think that L.A. marijuana defendants require attorneys from the Bay Area, devoted to “the cause” to defend them. She has tried to explain the rationale to me, and it is nonsense. We have perhaps 100 times as much crime in L.A. as S.F.. Do you really think some out of town dope lawyer is going to scare the D.A.’s office? This isn’t the Matrix, and you certainly are not Neo. You are going to need help. If you take this warning seriously, do a mitzvah and inform other clinic owners, etc. Not everyone reads Weedtracker. I already have posted an email to my colleagues on a state-wide encrypted criminal defense attorney bulletin board, and 3 or 4 of us advise our colleagues when it gets too arcane. I have been giving out free bits of advice on Weedtracker periodically over the last several years just to help folks out and have amassed reputation points to show for it. I strongly urge L.A. CITY and L.A. COUNTY clinic owners to make their preparations NOW. They are coming. The difference for surviving or not surviving personally, for the health of your patients, and for your dispensary is PREPARATION. Good luck. Charles L. “Chuck” Lindner Attorney at Law Santa Monica" Last edited by zbestwun2001; 10-08-2009 at 07:14 AM.. |
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| Posted By | For | Type | Date | |
| LA Dispensary Warning..not sure where to post this - 420 Magazine | This thread | Refback | 12-11-2009 08:02 PM | |