Pubdate: Tue, 26 Aug 2008
Source: San Jose Mercury News (CA)
Copyright: 2008 San Jose Mercury News
Contact:  http://www.mercurynews.com/
Details: http://www.mapinc.org/media/390
Author: Paul Elias, Associated Press Writer
Referenced: The guidelines http://drugsense.org/url/kKMJR2lu
Cited: Americans for Safe Access http://www.americansforsafeaccess.org
Bookmark: http://www.mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)
Bookmark: http://www.mapinc.org/topic/Americans+for+Safe+Access

CALIF. AG: SOME MEDI-POT DISPENSERS MAY BE ILLEGAL

SAN FRANCISCO--Medical marijuana dispensers that operate for-profit 
likely violate California law, according to guidelines that may 
encourage local police to join a federal crackdown against the enterprises.

State Attorney General Jerry Brown said Monday that formal 
cooperatives registered under the state's Food and Agricultural Code 
or organized as less formal "collectives" are legal under the law.

But he said anyone running a for-profit storefront dispensary not 
operating as either a registered cooperative or collective may be 
arrested and prosecuted by local authorities.

About 300 so-called "storefront" dispensaries exist in various 
business guises, but there is little agreement on how many of those 
operate for-profit.

Brown also suggested that all patients receiving doctors' 
recommendations to use marijuana obtain identity cards that each 
county is required to issue.

The nonbinding guidelines aimed to clarify California's medical 
marijuana law, which has caused varied and confused responses from 
local law enforcement but has led to an aggressive federal crackdown 
on the dispensaries.

Federal law makes marijuana illegal in all circumstances, and the 
U.S. Supreme Court has ruled the state law doesn't shield anyone from 
federal prosecution.

Northern California's chief federal prosecutor, U.S. Attorney Joseph 
Russoniello, said federal officials are targeting commercial 
traffickers rather than caregivers. He also said he believes 90 
percent of the dispensaries run afoul of Brown's guidelines.

Brown advised that each legitimate dispensary can grow six mature or 
12 immature plants per qualified patient, each of whom need a 
doctor's recommendation to smoke marijuana to ease health ills. Each 
dispensary can also have a half-pound of dried marijuana for each 
qualified patient.

"We think the vast majority of dispensaries in California will be in 
compliance," said Joe Elford, the top lawyer for the marijuana 
advocacy group Americans for Safe Access. 
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MAP posted-by: Richard Lake