Pubdate: Thu, 21 Jul 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
Bookmark: http://mapinc.org/topic/Dispensaries

JUDGE SIDES WITH POT RULES

The city of Long Beach claimed a victory Wednesday when a Los Angeles 
Superior Court Judge ruled that the City Prosecutor's Office could 
pursue criminal charges against illegal medical marijuana collective operators.

Superior Court Judge Laura Laesecke stated that Long Beach's laws 
regulating medical marijuana collectives were not preempted by state 
or federal law -- therefore the ordinance can be enforced with 
criminal prosecution, City Prosecutor Doug Haubert said.

"This was one of the most significant things affecting us going 
forward on the medical marijuana issue," he said, shortly after the ruling.

Laesecke heard the motion, which was filed on behalf of defendants in 
14 cases being prosecuted by Haubert's office. Those 14 cases belong 
to defendants operating five different collectives that are operating 
without a permit.

"We had a ruling today that upholds the city's medical marijuana 
law," Haubert said. "The judge denied the stay, so we can go forward 
on our criminal prosecution."

The city's medical marijuana ordinance, which was approved last year, 
allows collectives to operate in the city legally with a permit, 
provided they meet certain criteria -- including buffer zones between 
one another as well as a certain distance from schools and parks. 
Collective owners also must pass a background check.

Criminal violators of the ordinance can face up to one year in jail 
and a $1,000 fine per violation if they are convicted, Haubert said.
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