75A - PH - MEDICAL MARIJUANA - PROHIBIT

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As seen in the Green Cross example, astore-front medical marijuana business' relationship with a patient is most likely transitory. In order to provide a qualified patient with marijuana, astore-front medical marijuana business must create an instant "primary caregiver" relationship with him. The very fact that the relationship is instant belies any consistency in their relationship and the requirement that housing, health, or safety is consistently provided. Courts have found that a patient's act of signing a piece of paper declaring that someone is a primary caregiver does not necessarily make them one. The consistent relationship demanded by the statute is mere fiction if it can be achieved between an individual and a business that functions like a na<~cotic retail store. B. Secondary effects of dispensaries and similarly operating cooperatives Uf equal concern are the secondary effects of these dispensaries and store-front cooperatives. Throughout the state, many violent crimes have been committed that can be traced to their proliferation. On February 25, 2004, two men in Mendocino County committed a home invasion robbery to steal medical marijuana. They held a knife to a 65-year-old man's throat, and though he fought back, managed to get away with large amounts of marijuana. They were soon caught and one of the men received a sentence of six years in the state prison.35 At least two murders can be traced to the existence of medical marijuana dispensaries. On August t9, 2005, 18-year-old Demarco Lowery was shot when he and his friends attempted a takeover robbery of a store-front medical marijuana business in the City of San Leandro. The owner fought back and a gun battle ensued. Demarco Lowery was hit by gunfire and "dumped outside the emergency entrance of Children's Hospital Oakland" after the shootout.~0 He did not survive. The second known murder occurred on November 19, 200. Approximately six men broke into Les Crane's home in I~zytonville while yelling "this is a raid". Les Crane, who owned astore-front medical marijuana business, was at home and shot to death. Another man present at the time was beaten with a basebal3 bat. The murderers left the home after taking currency and processed marijuana.s' On July 17, 2006, the EI Cerrito City Council voted to ban all such medical marijuana facilities. It did so after reviewing anineteen-page report that detailed a rise in crime near these store-front dispensaries in other cities. The crimes included robberies, assaults, burglar..ies, murders and attempted murders.~g As recently as August 10, 2006, an armed robbery took place at a Santa Barbara dispensary. A small amount of currency and fifteen medical marijuana baggier were stolen. The owner says it is the fourth time he has been robbed. He failed to report the first three because "medical marijuana is such a controversial issue".~~ Even though medical marijuana store-front businesses do not currently exist in the City of Monterey Park, it issued a moratorium on them after studying the issuers August 2006.40 After allowing these establishments to operate within its borders, the City of West Hollywood recently passed a similar moratorium. The moratorium was "prompted by incidents of armed burglary at some of the city's eight existing pot stores and complaints from neighbors ahout increased pedestrian and vehicle traffic and noise ....i41 Medical marijuana store-front businesses have allowed criminals to flourish in California. This past summer the City of San Diego cooperated with. federal authorities 75A-71