Pubdate: Tue, 18 Nov 2008 Source: Orange County Register, The (CA) Copyright: 2008 The Orange County Register Contact: http://www.ocregister.com/ Details: http://www.mapinc.org/media/321 Author: Salvador Hernandez Cited: Lake Forest City Council http://www.cityoflakeforest.com/cg/cg2b.htm Cited: Americans for Safe Access http://www.americansforsafeaccess.org Bookmark: http://www.mapinc.org/topic/dispensaries Bookmark: http://www.mapinc.org/states/ca/ (California) Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - United States) MEDICAL MARIJUANA ADVOCATES PROTEST LAKE FOREST RAIDS LAKE FOREST - Two raids conducted at Lake Forest medical marijuana dispensaries Friday afternoon have owners and volunteers at other dispensaries on high alert. Advocates for the centers argue the raids and subsequent arrests are connected to attempts by the city to strong-arm the facilities into shutting down. The searches of 215 Agenda and The Health Collective, conducted by the narcotics division of the Orange County Sheriff's Department, were "completely separate" from the city's attempt to shut down 22 Lake Forest medical marijuana dispensaries through a lawsuit that alleges the businesses violate the city's zoning code, said City Attorney Scott Smith. "Our lawsuits remain on track and still pending," Smith said in an interview before Tuesday night's City Council meeting. At the meeting, about 10 people - patients who use medical marijuana, the owner and an employee of 215 Agenda, and other advocates of safe access - urged council members to safeguard Lake Forest medical marijuana storefronts. "This is medicine that's affordable, that works for me, that provides me quality of life," said Jacob Davis, an 18-year-old nursing assistant currently in a wheelchair because of a head-on car crash last July. "I don't have insurance, so I have to pay all this out of my pocket," said Davis, who uses medical marijuana to ease the pain from his accident. "If you close these storefronts, I don't have access to this medicine." Daniel Hewitt, an employee of 215 Agenda working at the time of the raid, said he asked to see a search warrant five times to no avail. He also said police duck-taped the store's cameras before searching the facility and that customer Lawrence Fox was injured by police during the raid. Councilmember Richard Dixon requested a memo from the sheriff's department about the issues raised by Hewitt. Mark Moen, the owner of 215 Agenda, also spoke out during tonight's meeting, telling council members the dispensary is a non-profit. "The reason I got into this business isn't for money," said Moen, who went on to share his need for medical marijuana after chemotherapy treatments. At the time, Moen said, "there was no access anywhere." Investigators with the sheriff's department searched 215 Agenda and The Health Collective Friday afternoon, two of at least 22 dispensaries operating in Lake Forest. Authorities also searched the homes of dispensary owners and managers in Westminster, Rancho Santa Margarita and Mission Viejo. Moen, 50, Robert Adams Moody, 23, and Steven John Wick, 26, were booked on suspicion of marijuana sales, said Jim Amormino, spokesman for the Orange County Sheriff's Department. Moen and Moody were released after posting bond. Wick was later released. Sheriff officials said search warrants that were served on two dispensaries and the homes of three owners of the collectives on Friday were the result of a lengthy investigation into the two establishments, and that city officials were not involved with the decision to search the two locations. Smith, the city attorney, declined to comment on whether city staff knew about the criminal investigation of the two dispensaries. Medical marijuana proponents are concerned the raids could be part of an effort by the city to force dispensaries into closing, even though California law allows marijuana sales to people with a doctor's prescription. "These were legal collectives," said Marla James, board member for Americans for Safe Access, an organization that supports the use of marijuana for medicinal purposes. "Rumors have spread that the sheriffs have more warrants planned." The search warrants stemmed from a "months long" investigation into the two dispensaries and are not related to the lawsuit filed by the city, Amormino said. But Christopher Glew, an attorney representing six of the dispensaries named in the city lawsuit, said the dispensaries are following California law. Glew described the sheriffs' decision to raid two dispensaries involved in a civil suit with the city as more than just a coincidence. "It's just getting to the point of ridiculousness," Glew said. "It's become a matter of harassment." Sheriff officials provided few details on why the search warrants were served, citing an ongoing investigation, but said it included the use of undercover operatives. Officials with the District Attorney's office were also present during the searches, Amormino said. "(The investigation) revealed they were operating outside (state) law," Amormino said. After California voters passed Proposition 215 in 1996, raids were often conducted by federal officials who said that although state law permitted the dispensaries, marijuana remained illegal under federal law. But earlier this year, the U.S. Department of Justice said it would stop pursuing federal drug cases against dispensaries that abide by state guidelines. Since the U.S. Attorney General made the announcement, many dispensaries in California have operated with relative ease, but Friday's searches have led owners and volunteers in Orange County to express concern over what justifications were used by sheriff officials to search the dispensaries and seize its goods, said James of Americans for Safe Access. "What it appears to be is there is pending litigation, they tried to evict them, now they're trying to strong arm these people out of here," Glew said. "What they're saying is, 'If we can't beat you in court, we're going to keep arresting you.'" Sheriff officials said that is not the case. "Ultimately it's going to be settled in court," Amormino said. "We have to provide information to the court in order to obtain a search warrant." Farrah Emami, spokeswoman for the District Attorney's office said no charges have been filed against the three men as of Tuesday afternoon, though the case is still under investigation. Glew said the searches and seizure of the dispensaries' marijuana seem to be part of an effort to pressure dispensaries into shutting down. "It's very selective prosecution. I think it's very targeted," he said. "They just suddenly happened to pick two in Lake Forest? You have to start reading between the lines." For proponents of medical marijuana vying to keep dispensaries open in Lake Forest, it's another chapter in their fight against the city. In September, city officials filed a lawsuit naming 35 defendants, including dispensary owners and landlords who leased office space to the businesses. In a ruling of a separate case last week, a judge found that one of the city's dispensaries, Earth Cann Wellness Center, was not in violation of the city's zoning laws and ordered its landlord to stop efforts to evict the dispensary. But city officials said the ruling would have no effect on their legal effort to shut down 22 dispensaries, and an attorney representing the city said the dispensaries would be shut down by February. Earth Cann Wellness filed a lawsuit in response to the city's case, alleging the city's efforts to prohibit dispensaries through municipal code conflicts with state law. James said proponents of medicinal marijuana want to work with the city to regulate the dispensaries and make sure they are abiding by state guidelines. But their efforts have been rebuffed by the city, she said. "I know they are concerned with the number of dispensaries," she said. "We're offering to help regulate them, but they ignore us." - --- MAP posted-by: Richard Lake