75A - PH - MEDICAL MARIJUANA - PROHIBIT

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dispensaries, some as cooperatives; but it is how they operate that removes them. from any umbrella of legal protection. These facilities operate as if they are pharmacies. Most offer different types and grades of marijuana. Some offer baked goods that contain marijuana.'`5 Monetary donations are collected from the patient or primary caregiver when marijuana or food items are received, The items are not technically sold since that would be a criminal violation of the statutes'fi These facilities are able to operate because they apply for and receive business licenses from cities. Federally, all existing store-front medical marijuana businesses are subject to search anal closure since they violate federal law.' Their mere existence violates federal law. Consequently, they have no right to exist or operate, and arguably counties in California have no authority to sanction them. Similarly, in California there is no apparent authority for the existence of these store-front medical. marijuana businesses. The Medical Marijuana Program Act of 20s04 allows patients and primary caregivers to grow and cultivate marijuana, no one else. Although Health and Safety Code section 11362.775 offers some state legal protection for true collectives and cooperatives, no parallel protection exists in the statute for any store-front business providing any narcotic. The common dictionary definition of collectives is Chat they are organizations jointly managed by those using its facilities or services. Legally recognized cooperatives generally possess "the following features: control and ownership of each member is substantially equal; members are limited to those who will avail themselves of the services ftrnished by the association; transfer of ownership interests is prohibited or limited; capital invertrnent receives either- no return nr a limited return; economic benefits pass to the members on a substantially equal basis or on the basis of their patronage of the association; members are not personally liable for obligations of the association in the absence of a direct undertaking or authorization by them; death, bankruptcy or withdrawal of one or more members does not terminate the association; and [theJ services of the association are furnished primarily for the use of the members."2' Medical marijuana businesses, of any kind, do not meet this legal definition. Actual medical dispensaries are commonly defined as offices in hospitals, schools, or other institutions from which medical supplies, preparations, and treatments are dispensed. Hospitals, hospices, home health care agencies, and the like, are specifically included in the code as primary caregivers as long as they have "consistently assumed responsibility for the housing, health, or safety" of a patient.30 Clearly, it is doubtful that any of the store-front medical marijuana businesses currently existing in California can claim that status. Consequently, they are not primary caregivers and are subject to prosecution under both California and federal laws. Riverside County There appear to be four dispensaries currently operating in the County of Riverside: the Healing Nations Collective in Corona, Compassionate Caregivers in Palm Springs, C.A.P.S. in Palm Springs and CannaHelp3i in Palm Dessert. The County of Riverside is currently considering ordinance number 348.4403 which provides for the zoning and licensing of medical marijuana cooperatives in the 75A-69