Pubdate: Thu, 09 May 2013
Source: Inland Valley Daily Bulletin (Ontario, CA)
Copyright: 2013 Los Angeles Newspaper Group
Contact:  http://www.dailybulletin.com/
Details: http://www.mapinc.org/media/871
Authors: Emerson, Wes Woods II and Ryan Hagen

LOCAL GOVERNMENTS TO GO AFTER MEDICAL MARIJUANA DISPENSARIES WITH 
SUPPORT FROM STATE SUPREME COURT

Now that the more than 180 cities and counties up and down the state 
have the state's highest court on their side, many local government 
officials are actively seeking the closure of medical marijuana 
dispensaries operating in violation of their zoning laws.

In San Bernardino County, cities from Upland on the west to Redlands 
on the east, as well as the county in its unincorporated areas, are 
marshalling their forces to dispense with the remaining dispensaries ASAP.

The California Supreme Court on Monday upheld the right of cities and 
counties to ban the dispensaries, giving officials 100 percent 
certainty to enforce their ordinances that marijuana advocates 
believed were in violation of state laws that make it legal for the 
use of marijuana for medicinal purposes.

San Bernardino began moving against its remaining marijuana 
dispensaries almost immediately after the court's ruling, said City 
Attorney James F. Penman.

The city had 30 dispensaries operating illegally when the court 
ruled, and since then at least 10 have closed, he said.

"What we hope to find is empty buildings," he said. "This is a 
two-pronged effort: These couple weeks we're focusing on closing them 
down, then we will be going after the owners of the properties that 
allowed these illegal operations to operate and we will be going 
after them for administrative civil penalties. "

Those fees have been accumulating since city officials first notified 
each dispensary that it was operating illegally, and in some cases 
the fees now exceed $100,000, Penman said. If someone refuses or is 
unable to pay, a process will begin to sell the properties to get 
that money, he said.

The operator of a Redlands dispensary and its property owner are 
facing $80,000 in fines from the city, which implemented an ordinance 
banning dispensaries in 2007, said city spokesman Carl Baker. With 
the recent ruling, city officials are looking into enforcement 
options to take to the City Council for consideration, he said.

"Staff is likely to bring an item to the council seeking their 
direction for the city's legal options should the dispensary not 
cease operations," Baker said.

Fontana Police Chief Rodney Jones said the court's ruling does not 
change anything Fontana officials have been doing to close medical 
marijuana dispensaries.

"When the Supreme Court heard the case, we held off filing litigation 
against some existing dispensaries," he said. "It's a moot issue. The 
Supreme Court said we had the right to do that. "

Fontana had up to 13 dispensaries at one point, but now there are 
only one or two operating in the city, Jones said.

"We take a very aggressive stance against people operating outside 
city code," he said.

Jones said the court's opinion affirmed his thoughts that local 
governments can ban dispensaries.

"The law was very clear," he said. "The Compassionate Use Act never 
was designed for a retail-for-profit system the dispensaries utilize."

In Upland, after spending more than $500,000 fighting medical 
marijuana dispensaries, city officials decided to wait for the 
Supreme Court's decision before continuing to spend city money to 
shut them down.

The city will now begin the process of citing the dispensaries 
currently operating in the city, leading to hefty fines if they do 
not comply, City Manager Stephen Dunn has said.

Upland's battle against medical marijuana was former Councilman Ken 
Willis' last big fight. He saw medical marijuana dispensaries as 
detrimental to the community and its children.

"I continue to feel that while there are adults who may be able to 
cope with marijuana, it's bad for kids and it sets a bad example for 
children," he said. "I'd hate to see them exposed to it. I think we 
won a fight that's morally justifiable worth every penny of the money 
we had to spend. "

San Bernardino County has issued 951 citations against 12 medical 
marijuana dispensaries operating in unincorporated areas, county 
spokesman David Wert said in an email.

The county has been doing all it can to have the illegal businesses 
shut down, but ultimately closing a business is up to the courts, 
which have been hesitant to take action due to the pending Supreme 
Court decision, Wert said.

"Now that the Supreme Court has made its decision, the county hopes 
the courts will see fit to resolve these cases," he said.
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