[wallawalla]

Do you think Cooley will back off?? Even after words from obama I think we are screwed! What do you think? He still states all dispensaries are illegal and will be closed down!!

[wallawalla]

I think they are sneaky and still planning raids and they will fasttrack the new ordinance with no notice at all!

[Mindfury]

Originally Posted by wallawalla

I think they are sneaky and still planning raids and they will fasttrack the new ordinance with no notice at all!

They are going to do whatever they want as they probably feel they are above any law. All they have to do is "suspect" a dispencery is violating state law. If anything i think it is going to put alot more pressure on the council to adopt regulations hopefully.

[wallawalla]

Originally Posted by Mindfury

They are going to do whatever they want as they probably feel they are above any law. All they have to do is "suspect" a dispencery is violating state law. If anything i think it is going to put alot more pressure on the council to adopt regulations hopefully.

So true and funding will not matter. He also has LASD training I guess to take LAPD's place. They will have alot of funds from what the take!

[wallawalla]

This is what I am talking about!!

« ASA in The Washington PostLos Angeles District Attorney Ignores the Law, Obama in Its Quest for Convictions
October 20th, 2009
Posted by Guest



Allison Margolin
(This is a guest blog by Allison B. Margolin, Esq.)

As the Obama administration attempts to steer federal agents away from prosecuting marijuana dispensaries, the LA District Attorney and City Attorney’s Office are attempting to undermine that shift by articulating a deceitfully narrow view of the state law.

Despite reports of trillion dollar deficits nationally and a collapsing state economy, District Attorney Steve Cooley says his office is committed to closing down revenue-generating medical marijuana dispensaries and the LA district attorney’s office continues to take prisoners of war in their fight against safe access to medical marijuana.

In doing so, LA City is threatening to plunge the state’s economy into further collapse by taking potential tax revenues that could be going to the state treasury. Moreover, the City’s position threatens to generate crime by forcing the huge demand for marijuana back to the street. If the free market has allowed for the proliferation of dispensaries, that demand is not going away. The avenue for its fulfillment will simply change and could go from safe to entrenched in the poly-drug trafficking black market economy.

Most alarming, perhaps, is that the District Attorney seeks not only to thwart the proliferation of these establishments but seeks to create a whole new class of felons, medical marijuana operators. And the DA’s view of the state law—that it does not allow for the operation of dispensaries—is not just shocking. It flies in the face of case law handed down by the California courts.

Just this past August, the Fourth Circuit of the California Court of Appeals (in People v. Hochanadel) affirmed what Attorney General Jerry Brown announced last year, that storefront dispensaries that receive money in exchange for marijuana, may qualify as legal cooperatives.

Furthermore, in that case, the California judiciary upheld a 2005 interpretation of the marijuana sales law allowing for cash for marijuana transactions. As the court appeals said in the 2005 Urziceanu case, speaking about the State legislature’s expansion of the 1996 medical marijuana referendum,

“This new law represents a dramatic change in the prohibitions on the use, distribution, and cultivation of marijuana for persons who are qualified patients or primary caregivers and fits the defense defendant attempted to present at trial. Its specific itemization of the marijuana sales law indicates it contemplates the formation and operation of medicinal marijuana [***64] cooperatives that would receive reimbursement for marijuana and the services provided in conjunction with the provision of that marijuana.”

These two decisions also affirmed the notion that simply because some of the marijuana being sold at medical marijuana cooperatives may have been purchased from people who are not members of the cooperative does not invalidate the medical defense, or make the possession of that marijuana illegal Yet, the District Attorney’s office prosecutes people simply on the basis that some of the marijuana at a dispensary allegedly came from non-members, or that the marijuana is sold for more than that for which it is bought. The fact that a dispensary has gross protifts, does not mean that the owners are making profits. Yet again, the District Attorney’s office has used the gross-profit theory to deprive people their freedom, incarcerate law-abiding citizens, and attempt to create another class of felons.

The District Attorney’s policy and deliberate misinterpretation of the law begs the question: why? Perhaps law enforcement enjoys marijuana dispensary busts more than others because the defendants are generally civil, non-gun-toting law abiding civilians. Perhaps it s the money … but strangely enough, in cases I have represented recently, the state does not always keep the proceeds from dispensaries. Even where the state prosecutes the cases, in Los Angeles’ Criminal Court Building, in the heart of Downtown Los Angeles, the DA’s office has been turning over assets seized from medical busts over to the federal government.

Whatever the perverse reasons motivating the District Attorney’s position, the issue is not why but how to stop this alarming waste of resources. The media has focused on the fact that dispensaries in LA have mushroomed over the past year, and on the ease with which marijuana users are obtaining recommendations. No one has focused on the fact that the war against dispensaries, is another chapter in the escalation of the drug war, another excuse to send people to state prison, another mechanism to disenfranchise people whose medicine is not respected by law enforcement or the LA District Attorney’s office as legitimate.

This has to stop. In the wake of prison overcrowding and budget crisis, sending more people away, depriving the state of taxes they are currently reaping from dispensaries, is not the answer.

The District Attorney is supposed to aim to do justice not to obtain as many convictions as possible. The District Attorney, representing the State of California, is not supposed to deliberately ignore the state law as a vehicle to fund police departments and exert its power. It is time for the people of the State of California to take back their power, to tell their DAs that they represent the People and the People don’t want medical marijuana operators to be treated as criminals.

This week, the District Attorney’s Office is expected to unleash the LAPD on medical marijuana dispensaries across the City. The time for action is now … before more people are caught up in the system, before more resources are wasted, before more lives are ruined.

—–
Ms. Margolin, a Harvard law grad, is a criminal defense attorney practicing state and federal criminal law in Los Angeles. She was Adjunct Professor of Law at University of West Los Angeles in 2008, teaching “The American Drug War: From Marijuana to Meth

Medical Cannabis: Voices from the Frontlines Blog Archive Los Angeles District Attorney Ignores the Law, Obama in Its Quest for Convictions

[randomee]

Originally Posted by wallawalla

Do you think Cooley will back off?? Even after words from obama I think we are screwed! What do you think? He still states all dispensaries are illegal and will be closed down!!

D.A. warns medi-marijuana dispensaries | Video | abc7.com I think is the reference of Cooley your making right? I hope so. I copied and posted n update a few my repsonse to this video and Cooley's statements from another thread because I spent alot of time on it and it applies here too I think. If not just yell at me thats okay too.

Long Rant warning: a reply to (Source: D.A. warns medi-marijuana dispensaries | Video | abc7.com)

the La's DA Steve Cooley is 100% right on this statement, 0:30 "the over the counter sales of marijuana for money is illegal its that simple" you can not argue this because it is that simple, it is stated in the law and clearly I might add (I remember reading it). "SELLING" marijuana for profit is illegal, but selling is not the same legal term as "donating" in a court room, patients donate and receive a gift of medicine healing relieif in return, THESE TERMS ARE NOW MORE THEN EVER MORE IMPORTANT THAN YOU THINK, I have encouraged this kind of talk sense I got my license anyways, it helps your game and gives off an impression you know wtf your talking about, and Bud Tenders respect that and treat me more professionally because of it imho. Knowledge is power. The donation asking price is NOT a required amount for a sale but a recommendation of what it costs to produce the medicine while maintaining a 'break even' ideaology, break even in the sense that the asking donation is legally spoused to cover the costs in creating and maintaining the medicine. At least this was my understanding of the written law, anyone care to jump in and add or correct me? It is the same kind of idea with political donations or any type of donation in which you receive a product in return, that product is called a free gift. So IN practice when you donate for your next amount of flower tell the BT, "What is the asking donation for this amount of (blank) flower or blank concentrate" Your legally safe when using these terms imho. Keep weed, even marijuana out of your mouth while in a dispensary at all times and instead use flower or medicine. Never say "how much is this" because then that can be legally looked at as a transactional (if lets say a lawyer or DA or judge or fed was reading the transcript of that conversation, its crazy sounding I know but it ant jack compared to what they really do) SALE of a product and not simplely a donation for medicine.

1:06-1:17 "What concerns law enforcement is the large number of medical marijuana dispensaries in LA county, its somewhere between 600-800. AND they worry it is not about medicine but about making money" the DA just said himself that their worried about illegally operating dispensaries, not just the number of dispensaries alone and in fact he specifically stated that legal running coops aka dispensaries will be SUPPORTED by the DA, 1:23-1:31 "And if their are giving marijuana to individuals with chronic and serious illnesses, that is ABSOLUTELY LEGAL and we going to respect that." ***Update 10-21-09: the newly released memo from David Ogden from the Attourney Generals office, (Source: http://www.justice.gov/opa/documents...-marijuana.pdf)

now this new LA attorney; Carmen Trutanic, after he sprays a can of RAID directly in front of camera men, as if ANY SINGLE GROWER HAS EVER SPRAYED RAID on directly medicine they knowingly give to coops. I think I want to give this man a call on the phone to discuss his TV appearance, because for a lawyer to cry about and physically reenact the violation on TV, is rare. I would like to see his facts, that ANY medicine from ANY coop was sprayed with a can of raid. This makes me bad, why? Not just because of the ridiculous claim, but the lack of information available for patients educate themselfs. And for being a lawyer who represents the people and gets paid by tax dollars, one would think he would WANT to inform the people of the places where they have tested and found the posing he is crying about possibly being in our medicine. 1:43 "And yet you expose to THOSE levels of carcinogens, is criminal" What levels Mr. Trutanic you did not give us any, you give no proof, and no information that is researchable or verifiable for that matter. Hopefully getting this source data for this won't be hard when I call his office. In the days or weeks to come I will probably file a patition so I can read his findings for myself. You can file a freedome of information request or a public records request. Iam in the middle of mid terms, so it will have to just be added on to the political list of things to do.

conclusion: I am pretty confused about this video (being sarcasitc) I hope that my medicine has not clouded my mind and that my opinion is sound in its truths here. Let me know what you guys think of what I said. Is it too much, too far, not far enough, good, bad, boring, w/e. I am trying to get feed back about my own instinctual reactions while medicated.

thanks

[randomee]

Originally Posted by wallawalla

I think they are sneaky and still planning raids and they will fasttrack the new ordinance with no notice at all!

haven't heard or read anything about California doing this, but I know that its fact that an AZ sheriff is ignoring the memo. Raid Expected in Phoenix Raises Questions His department and website are here, Maricopa County Sheriff's Office

AZ is NOT Cali though, I am sure a sheriff here will not go on TV and bluntly pun intended, disobey a signed federal memo.

[mooniegoogoo]

the sheriff of maricopa county is such a huge douchebag, different story though. I hope we see some relief I really do. Its stupid how much we as patients can actually help the economy just by buying our meds but the system thinks thats bad

[THC_TLC]

Originally Posted by wallawalla

Even where the state prosecutes the cases, in Los Angeles’ Criminal Court Building, in the heart of Downtown Los Angeles, the DA’s office has been turning over assets seized from medical busts over to the federal government.

Isn't this interesting!

I always assumed the agency that committed the raid (armed robbery) would profit from the seizures (theft).

President Obama should give us back our meds.

[mooniegoogoo]

I'm gonna get some crap for this but I think Obama is trying to do the right thing, he wants the feds to back off, its the state that is going wayyyy overboard it seems. Didnt our governer use to smoke? hmmm

[kennabis]

cooley's a fooly's

he's a little tiny man, in a big mans world! all he is doin is stirrin the pot, but this sick bastard, and his buddy, put "raid" in the pot

these guys look more foolish everyday!

we are winning the fight of "the people"! and these media acts are tryin to take wind out of our sails ..............................

trying

[zbestwun2001]

[joe32blow]

I'm leaning towards thinking that Cooley will back off. He will be
violating the recent Obama directive and by doing so, local LE will
risk getting budget cuts. Also, the Green Oasis ruling is IMO going
to make it harder for him to get convictions, and his conviction rate
is going to effect how much money he will make when he returns to
private practice.

[wallawalla]

From what I see Cooley is going to come after all locations as he stated before. Cooley in his mind sees all location as illegal sales locations and Obama said still go after the ones that are not following state law. He did not say hands off of all locations. How many actually act as a true collective?

[joe32blow]

Originally Posted by wallawalla

From what I see Cooley is going to come after all locations as he stated before. Cooley in his mind sees all location as illegal sales locations and Obama said still go after the ones that are not following state law. He did not say hands off of all locations. How many actually act as a true collective?

I agree that the Obama directive left huge loopholes that Cooley could
exploit, but what about the Green Oasis ruling? That seems pretty strong
to me.

[wallawalla]

Originally Posted by joe32blow

I agree that the Obama directive left huge loopholes that Cooley could
exploit, but what about the Green Oasis ruling? That seems pretty strong
to me.

Green Oasis is not out of hot water yet and that is what they stated. And it has nothing to do with if they are in violation of state laws! Again how many are true collectives? I also saw that a undercover purchased from Oasis.

[luckydog]

This is so typical of the broken thinking in our state.
The Governator refused to sign a bill that would allow farmers to farm Hemp.... and bring more income to the state. Nope, fugetaboutit, that seems too rational. He would rather have wholesale selloffs of state monuments (like that is renewable resource). Prick.
D.A. and City Attorney want to close down ALL of the dispensaries. UMMM. O.K. but doesn't the fact that we have 600 , 800 or even a thousand dispensaries say out loud that we have a market for them? Anybody take economy in high school ( I don't think the D.A. did)? The invisible hand of supply and demand. If the dispensaries go away there will still be a market. They should look @ the amount of dispensaries and be jumping up and down clapping hands gleefully about all the extra revenue from taxes they could get, if handled properly.
I don't think they have the resources to close all the dispensaries down. If they do start , where is the money gonna come from? WHat was the figure I read here.. 10k to 15k to fund a raid? That is only s'posed to be state troopers now as the Big O s'posdly called off the feds. Common sense would say that they simply can't close all of them. Nevermind the legal backlash , I'm sure they don't have the budget or time for that either.
I think it's a politician shooting off his mouth again. Making promises to appease the misinformed such as himself.
We need a government renovation . We have terrible people in place in offices of power. Not smart people either.

[zbestwun2001]

Originally Posted by wallawalla

I also saw that a undercover purchased from Oasis.

if he had a rec no law was broken.

[alohakid]

walla walla loves to stir the pot!! Sorry for the bad pun, but you are such an alarmist. How do you think funding won't matter? Don't let this guy get you all paranoid, I will bet him ANY amount of money all these raids he predicts will not come true. There might be a random one here or there for legitimate reasons, but nothing like he is predicting.

[LemonHerb]

If there's more money in backing off for him than continuing he will, but somehow I think the money is on the other side for him.

[wallawalla]

Originally Posted by alohakid

walla walla loves to stir the pot!! Sorry for the bad pun, but you are such an alarmist. How do you think funding won't matter? Don't let this guy get you all paranoid, I will bet him ANY amount of money all these raids he predicts will not come true. There might be a random one here or there for legitimate reasons, but nothing like he is predicting.

More like I like the truth. Sometimes the truth hurts. I have been around quite sometime and seen both sides. Funding will not matter as they will use what they sieze and federal funds also. Alarmist funny, when Cooley himself said he will shutdown locations even after federal statement!

[wallawalla]

Originally Posted by zbestwun2001

if he had a rec no law was broken.

Law was broken when they stated it was a purchase, as we all know it is supposed to be a donation.

[wallawalla]

Originally Posted by alohakid

walla walla loves to stir the pot!! Sorry for the bad pun, but you are such an alarmist. How do you think funding won't matter? Don't let this guy get you all paranoid, I will bet him ANY amount of money all these raids he predicts will not come true. There might be a random one here or there for legitimate reasons, but nothing like he is predicting.

After what happened to NNCC I really hope people understand they do not give a rats ass who or what they hurt. Pre-ico or post-ico will not matter! I really do think they will raid many locations! Just everyone be prepared for a long bumpy ride!

[BrattonBasher]

Originally Posted by joe32blow

I'm leaning towards thinking that Cooley will back off. He will be
violating the recent Obama directive and by doing so, local LE will
risk getting budget cuts. Also, the Green Oasis ruling is IMO going
to make it harder for him to get convictions, and his conviction rate
is going to effect how much money he will make when he returns to
private practice.

Nostradamos you are not.

[pokealotasmot]

Walla can start up his own psychic business. Stupid LAPD wasting all their resources when there are real problems going on in this city.