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employing illegal. means to protect their valuable cash. crops. Many distributing
<br />marijuana are hardened criminals.44 The others distributing marijuana to the businesses
<br />are perfect targets for thieves and robbers. They are being assaulted, robbed and
<br />murdered. Those buying and using medical marijuana are also being victimized.
<br />Additionally, illegal medical. marijuana facilities have the potential for creating
<br />liability issues for counties and cities.
<br />The Riverside County District Attorney's Office believes that the cooperatives
<br />being considered are illegal and should not be permitted to east within the County's
<br />border's. They are a clear violation of federal and state law, they invite more crime, and
<br />they compronuse the health and welfare of the citizens of this County.
<br />` Ten other states have enacted medical marijuana laws in some fashion: Alaska, Arizona, Colorado,
<br />Hawaii, Maine, Montana, Nevada, Oregon, Vermont, and Washington.
<br />2 Stack, Inhaling to cure. ailments is a lot older than you might believe (October 27, 2002) Time Magazine.
<br />Zimmerman, Is Marijuana the Right Medicine for You (1998) chapter 3.
<br />a "Medical" Marijuana - the Facts United States Drug Enforcement Adminisu•ation, www.usdoj.gov.
<br />s U.S. Const. art. VL, cl. 2.
<br />e iJ.S. Const. art. I, section 8, cl. 3.
<br />~ Gonzales u. Rai.ch, supra, 1.25 S.Ct. at page 2204.
<br />Id., see also Urxited States v. Oakland Cannabis Buyenr' Cooperative (2001) 121 S.Ct. 1711, 171.8.
<br />~ Id.
<br />10See People v. Mower (2002} 28 Ca1.4"' 457, 463.
<br />`' Health and Safety Code section 11362.5(b) (1} (A}. All references hereafter to the Hea][h and Safety
<br />Code are by section number only.
<br />is 1.1362.5(a).
<br />" 11.362.7 et. sey.
<br />''' 11362.7.
<br />is 11362.71 - 11362.76.
<br />'~ 11362.77.
<br />" 11362.765; 11.362.775; People v. tJrziceanu (2005) 132 Ca1.App.4°i 747, 78fi.
<br />is 11362.77
<br />'~ l 1357, 11358, ] 1359, 113GU, 11366, 11366.5, and 11570.
<br />20 HS 1.1362.7(h) gives a more comprehensive list -AIDS, anorexia, arthritis, cachexia, cancer, chronic
<br />pain, glaucoma, migraine, persistent muscle spasms, seizures, severe nausea, and any other chronic or
<br />persistent medical symptom that either substantially limits the ability of a person to conduct one or more
<br />life activities (as defined in the ADA) or may cause serious htu-m to the patient's safety or physical or
<br />mental health i:f not alleviated.
<br />'' HS 11362.5(e); HS 1.1362.7(d)(1), (2),(3), and (e); see also People: ex rel. Lungren v. Peron (1997) 59
<br />Cal.App.4'~ 1383, 1395.
<br />zz People v. Mower, supra, 28 Ca1.4'h at 476.
<br />Z' /d emphasis added.
<br />'4 For a statewide list: httpa/canorml.org/prop/ebclist.hgnl.
<br />zs McClure, Fuming Over Pot Clexbs (7une 2006) California Lawyer Magazine.
<br />z~ 11362.765(c); see, e.g. Ur,,>,iceunu, supra, 132 Ca1.App.4`h at page 764.
<br />2' Gonzales v. Raich, supra, 125 S.Ct. at page 2195.
<br />za People v. Urziceanu (2005) 132 Ca1.App.4°i 747; see also HS 11362.765.
<br />''`' Pack.el, Organization and Operation of Cooperatives (4th ed. 1970) American Law Institute (1970) pp. 4-
<br />5; italics added.
<br />7° 11362.7(d)(1).
<br />31 As of August 2006, the store CannaHelp leases is undergoing renovations and it is not currently
<br />o~erating out of that fac'slity; it is unknown if it is operating out of another location.
<br />' See e.g, McClure, Fuming Over Pot Clxrbs (June 2006) California Lawyer Magazine.
<br />9
<br />75A-73
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