Pubdate: Wed, 08 Jun 2011
Source: Grunion Gazette (Long Beach, CA)
Copyright: 2011 Grunion Gazette
Contact:  http://www.gazettes.com/
Details: http://www.mapinc.org/media/3434
Author: Jonathan Van Dyke, Staff Writer

MEDICAL MARIJUANA REMAINS HOT TOPIC

Medical marijuana issues continue to simmer in the background, as the
city conducts its day-to-day business - but this week could bring some
clarity to how the city is dealing with collectives operating without
a permit.

During the past year, the City Council has passed restrictions on
medical marijuana collectives, requiring that they be permitted by the
city and that they operate at particular distances from schools, parks
and each other. After more than two months of silence, the council
both conducted a closed session Tuesday about legal issues regarding
cooperatives and attempted to clarify the definition of parks in
relation to limitations on cooperative locations with an ordinance
change.

Five pending cases were listed in the agenda for the closed session.
So far, no injunction has been granted by a judge to stop the city
from shutting down collectives that did not qualify for a permit.
Attorney Matthew Pappas said he believes he may have a case that could
buck that trend.

Pappas said a judge ordered an expedited hearing on a case regarding
the 562 Collective, which is located at 3970 Atlantic Ave.

"The court's concern was the city breaking down doors, arresting
patients and attacking landlords of medical collectives," he said.

Pappas said that the city is overstepping its boundaries when it comes
to enforcing a law his clients believe is illegal in the first place -
many collectives have been issued daily citations since the law went
into effect earlier this year.

Regarding the 562 Collective, Pappas said Long Beach police officers
with city business relations manager Erik Sund and deputy attorney
Kendra Carney conducted a raid on the collective on May 10 without a
warrant - breaking down the door, arresting several patients and
breaking and taking items.

Pappas contends that the judge who has expedited the hearing is
concerned about the city pursuing "strong arm tactics" in regards to
enforcement of the ordinance.

Beyond that individual case, there still lingers the case Pack et al.
v. Superior Court of Los Angeles County. The judge in that case
originally wanted parties to address the issue of federal preemption -
the sale and possession of marijuana is illegal federally. California
law allows the possession of marijuana for medicinal purposes.

The judge now has requested amicus curiae, which will delay the case
until at least September - essentially asking for outside parties
(such as ACLU of Northern California, The California League of Cities)
to submit information on the case's behalf, said Mike Mais, assistant
city attorney.

"The court asked some very specific questions about the ordinance and
then asked for (amicus curiae) for people to weigh in on the
ordinance," he said, noting that the collection of testimony would
last until July.

Previously, City Attorney Robert Shannon had said he believed the
court was raising the issue of whether Long Beach has the right to
regulate a substance that is illegal federally. Pappas contends this
is an opening to stop a permitting process for profit (permits cost
collectives about $14,000 each and city officials have said the money
only goes to processing the permit).

The City Attorney's Office updated the City Council on Tuesday in a
closed session on pending litigation regarding medical marijuana.
Right now there are five pending cases (involving about 10
collectives) regarding the medical marijuana ordinance against the
city. Conversely, the city has filed six cases against
collectives.

According to Mais, the city has issued about 530 administrative
citations ($100 to $500 fines) for operating without a medical
marijuana permit and the Long Beach Police Department has issued about
80 misdemeanor citations (up to 1 year in prison).

"We're citing, in most instances if we know who it is, both the
property owner and the operator of the collective," Mais said.

Mais also said he was unaware of misdemeanor citations being given to
any patients, at Pappas contends, although he said owners and
operators might have classified themselves as patients.

Messages to Carney and deputy attorney Cristyl Meyers, who is handling
many of these cases, were not returned.

Pappas said he believes the federal government is keeping an eye on
what is happening with the medical marijuana issue in Long Beach, and
he said he hopes to make progress with any one of his cases to help
collectives looking for legal footing.

"These people are not people who are making a ton of money," he said.
"They generate enough to make a living. They are operating for the
benefit of patients." 
- ---
MAP posted-by: Richard R Smith Jr.