Pubdate: Sat, 05 Jan 2013
Source: Long Beach Press-Telegram (CA)
Copyright: 2013 Los Angeles Newspaper Group
Contact:  http://www.presstelegram.com/
Details: http://www.mapinc.org/media/244
Author: Tracy Manzer

MARIJUANA DISPENSARIES SEEK INJUNCTION AGAINST LONG BEACH FOR RAIDS

LONG BEACH - A group of local marijuana dispensaries is suing the 
city of Long Beach, alleging it and its police force are using 
illegal methods to run them them out of business, according to court 
papers filed Friday.

According to the lawsuit, filed in federal court in downtown Los 
Angeles, lead plaintiff Green Earth Center claims police are using 
"warrantless" raids and other federally prohibited tactics to run the 
collectives out of town. The complaint, which seeks an injunction and 
damages for alleged civil rights violations, also names five Long 
Beach police officers in connection with alleged illegal raids in 
which marijuana, cash, cars and other property were seized.

Long Beach City Attorney Robert Shannon said the city has not yet 
received a copy of the lawsuit so he could not comment on the matter 
specifically.

Shannon, however, noted that it is not the first time the city has 
been sued over the issue of medical marijuana.

"We've been sued numerous times, over 10 times, and we haven't lost a 
case yet," Shannon said late Friday. "It's a matter that will have to 
be decided by the federal courts."

A number of collectives were forcibly shuttered last November after a 
citywide ban took effect.

More than half a dozen locations were the subject of raids carried 
out the Long Beach Police Department, the California Franchise Tax 
Board and the Los Angeles County District Attorney's Office, and 
Police Department officials have warned collectives that more raids 
are likely unless the remaining dispensaries in the city shut down on 
their own.

The citywide ban followed a "gentle ban," enacted in 2010, which 
followed months of public discussion and saw the City Council set up 
a lottery system for collectives to win the right to legally operate 
while they were vetted for a formal permit.

More than $700,000 in fees were gathered and 22 collectives were selected.

Then, in October last year - and before the permits were issued - the 
2nd District Court of Appeal ruled the city's regulations violated 
federal law prohibiting the sale and distribution of marijuana. An 
at-times rowdy public debate ensued, with the council eventually 
voting for the wholesale ban, which included a six-month exemption 
for the lottery winners deemed in good standing with the city.

"The council felt that we don't have the ability to regulate, and you 
can't really have a situation where an industry is completely 
unregulated," Assistant City Attorney Michael Mais told the 
Press-Telegram last year.

News services contributed to this report.
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MAP posted-by: Jay Bergstrom