Long Beach Bans "rogue" Marijuana Dispensaries
Posted 15 February 2012 - 10:36 AM
In recent weeks, LBCA has mounted a public relations campaign to pressure the city not to abandon its medical marijuana ordinance, major portions of which have been ruled illegal in a case involving patients whose clubs were shut down by the city that is now before the California Supreme Court.
Although the ostensible reason for allowing the exempted clubs to continue operating for four months is to allow for the Supreme Court to issue its ruling, such clarity isn't likely to arrive in less than a year, although the city will always have the option of extending its exemption. Until now, the city has only occasionally raided various clubs that lost the lottery or which refused for financial or ideological reasons to pay the hefty $15,000 application fee, and no raids have been carried out since the city's ordinance was ruled illegal late last year. But now that the city has a ban on the books, the raids are likely to pick up speed.
Stay tuned for more details as they come!
Posted 15 February 2012 - 06:05 PM
Posted 18 February 2012 - 01:39 PM
The truth of the matter is that the Shops that were not part of the permitting process were located either too close to schools or parks violating the city's Zoning code. It wasn't that "they" couldn't or wouldn't pay the $15k, it's that they WERE NOT ELIDGIBLE to participate in the process.
The Supreme Court will likely rule in favor of the City's Zoning, Hours Of Operation for Shops, and a couple of other areas. The Appeals court already stated that there is Severablility in the Original Ordinance which was challenged by the Pack Case.
The City Enacted a BAN (except for 18 shops), to close those shops that are operating in defiance of the Original Ordinance. Again, all of the shops shops affected by the BAN are located too close to schools or parks. Further, the Lottery was held to keep 1000ft between shops, which is STATE LAW. I think the City should have just asked for Lease Agreements & whoever there was first could remain open, however that was not the case.
The City, from what I've heard, with the support of the Police, will actively begin raiding shops as the City is "fed-up" with this issue.
Posted 18 February 2012 - 01:44 PM
The question I'd ask: Well, do we, as patients, prefer a hundred or so shops in the City of Los Angeles, or Long Beach, or none at all? Hmmmmm....easy choice. This isn't rocket science.
Posted 18 February 2012 - 01:52 PM
Posted 18 February 2012 - 02:52 PM
You're probably right about there not being a state law, but the cities are going to keep passing zoning ordinances like this one. All it takes is a few city council members to do it. The courts have already ruled in some cases that cities have a right to place an outright ban on MMJ collectives if they want to
This may conflict with what we passed in 1996, but both the state and federal courts are always going to side with anti-marijuana crusaders IMO
Posted 18 February 2012 - 03:09 PM
Posted 19 February 2012 - 11:18 AM
All Cities and Counties are off the hook for the Legal Costs to continues fighting this in the Courts..
Now no Access for the Patients except for the streets...
All because of Fear and the Power to control...
Nothing at all Righteous or Right about this...
Its now time to gear up our campaign to legalize this all together in every State..
Posted 20 February 2012 - 11:04 AM
Posted 23 February 2012 - 10:56 AM
Posted 29 May 2012 - 05:40 PM
( B ) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.
With that, I still don't see a state law on a buffer between collectives. I know the thread is getting old, but if anyone else sees this I don't want taking that their isn't any state buffers.
Edited by notrealname, 29 May 2012 - 05:41 PM.