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75A - PH - MEDICAL MARIJUANA - PROHIBIT
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 1, 2007 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2007-04 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO DEFINE AND BAN MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES AND ORDINANCE AMENDMENT NO 2007-02 TO AMEND CHAPTER 18 TO PROHIBIT MEDICAL MARIJUANA DISPENSAR ~S ~~Lt c~ - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance adding Article XIII to Chapter 18 and amending Chapter 41 of the Santa Ana Municipal Code to prohibit the establishment and operation of medical marijuana dispensaries (Zoning Ordinance Amendment No. 2007-04 and Ordinance Amendment No. 2007-02). DISCUSSION California has two statutes dealing with medical marijuana. The Compassionate Use Act of 1996 was enacted through a popular initiative, Proposition 215. The Medical Marijuana Program Act of 2004 (SB 420) was enacted by the State Legislature in the belief that Proposition 215 was being ignored by California cities and counties. Both Proposition 215 and SB 420 authorize cultivation, possession and transportation of marijuana in certain medical circumstances. Proposition 215 only provided this authorization to a patient with a prescription and to a single qualified caregiver, who Proposition 215 defines as the person "who has consistently assumed responsibility for the housing, health, or safety of" the patient. In adopting SB 420 in 2004, the Legislature went beyond Proposition 215 and arguably removed this one-on-one relationship between a patient and the qualified caregiver, which has empowered storefront operators to seek to proliferate throughout California. In June 2005, the United States Supreme Court, relying on the Commerce Clause and Supremacy Clause of the United States Constitution, held that these California state laws do not provide a defense to individuals prosecuted in federal court under applicable federal law for cultivation, transportation, or possession of marijuana. After the June 2005 Supreme 75A-1 Zoning Ordinance Amendment No. 2007-04 Ordinance Amendment No. 2007-02 October 1, 2007 Page 2 Court decision, many cities, including Santa Ana, enacted moratoriums to study the issue of medical marijuana dispensaries. Currently, many cities are facing the same predicament that Santa Ana is facing with their moratoriums about to expire, because under state law, such moratoria cannot generally be extended beyond two years. The proposed ordinance would permanently ban medical marijuana dispensaries. The proposed ban is directed toward storefront operations that deal medical marijuana to many people. The ordinance would not apply to qualified patients who have a direct, one-to-one relationship with an individual caregiver, as provided by the voters in Proposition 215. Nor does the ordinance apply to state licensed hospitals, residential care facilities, hospices or home health agencies, because these uses offer generalized medical care or supportive services to patients. Because the City's Zoning Code has a very broad definition of retail and service uses, the proposed ordinance would also list medical marijuana dispensaries as a prohibited use in the city's commercial (C) zones. In Orange County, the cities of Tustin, Anaheim, Fullerton and Costa Mesa have all adopted ordinances banning medical marijuana dispensaries from their cities. Anaheim recently enacted its ban and also decreed that any dispensaries already in existence would have to immediately close. The City of Huntington Beach initially allowed medical marijuana dispensaries in general and limited industrial zones but is considering deleting this permission for medical marijuana dispensaries in its zoning code. On July 17, 2007, the Board of Supervisors for the County voted to approve a fee for the issuance of identification cards for patients and primary caregivers, which each county is mandated to issue under the state Medical Marijuana Program Act. The County has not addressed them from a land use perspective in the unincorporated areas. Elsewhere, Pasadena, Fresno, Susanville, and Concord, among others, have also banned medical marijuana dispensaries. All of the aforementioned cities were sued by a non-profit group called the American Medical Marijuana Association (ANNA) that promotes the use medical marijuana. Susanville and Concord prevailed at the demurrer stage and the lawsuit against Pasadena was filed but never served. The lawsuit against Fresno has been stayed and during the stay, Fresno enacted an ordinance which appears to allow medical marijuana dispensaries and cooperatives in any zone district designated for medical offices but only if consistent with State and Federal law (therefore, it really bans them). According to the League of California Cities about 40 cities in California have adopted ordinances banning medical marijuana 75A-2 Zoning Ordinance Amendment No. 2007-04 Ordinance Amendment No. 2007-02 October 1, 2007 Page 3 dispensaries, while approximately another 100 have moratoria in effect. Atascadero, Berkeley, Elk Grove, Hayward, Oakland, San Francisco, San Jose, Santa Cruz, Santa Rosa, Visalia, West Hollywood, and Whittier are among some of the cities that allow medical marijuana dispensaries in specified zones. Los Angeles has allowed them in the past, but now has a one year moratorium on new dispensaries in effect. Currently, Long Beach, Corona, Mission Viejo, Newport Beach, Santa Clarita, and Simi Valley, among about 100 others, still have moratoria in place. Several other cities have opted not to address the issue at the Council level, on the theory that (a) any land use not expressly permitted by the zoning code is banned, and/or (b) no land use can be legally established that violates federal law. These cities include Orange, San Juan Capistrano, Burbank, and Glendale. Numerous law enforcement agencies have expressed concerns regarding medical marijuana dispensaries and cooperatives in their areas. The California Police Chief's Association (CPCA} recently compiled a report containing data from several jurisdictions which illustrates some of law enforcement's complaints about these facilities: the facilities violate federal law, street dealers often sell at lower prices to entice patients away from dispensaries, non-residents travel to the city to purchase marijuana, neighboring businesses have experienced a loss of customers, there appears to be an increase in unreported crime to avoid negative publicity, there have been robberies outside of and at the dispensaries, there have been home invasion robberies of individuals who utilize or are employed by the dispensaries, and patients selling to non-patients. In addition, the media have investigated and reported about several physicians suspected of providing prescriptions of medical marijuana when they have not evaluated the patient's medical condition or the patient has no serious medical condition that would warrant a prescription. These concerns are discussed more fully in the attached CPCA report on medical marijuana dispensaries, together with the E1 Cerrito Police Department memorandum, the Riverside District Attorney's White Paper, and the sworn declarations of various officials of the Anaheim Police Department. The secondary effects outlined in the CPCA report, the E1 Cerrito Police Department memorandum and the Anaheim declarations are likely to occur in Santa Ana if medical marijuana dispensaries are allowed to legally operate. Unlike the cities and counties that have opted to not adopt ordinances addressing this issue, Santa Ana has a broad zoning use classification of "retail and service" uses (Santa Ana Municipal Code section 41-144) which would appear to allow medical marijuana dispensaries. Accordingly, without a ban, medical marijuana dispensaries 75A-3 Zoning Ordinance Amendment No. 2007-04 Ordinance Amendment No. 2007-02 October 1, 2007 Page 4 could be allowed to operate in all specific development (SD) districts that allow retail and service uses, as well as the city's C1, C2, C3A, C4, C5, and C-SM zones. Several expert reports on the negative secondary effects caused by medical marijuana storefronts are attached to this RFCA for the Council's examination. They are: (1) the California Police Chiefs Association Compilation Report on Medical Marijuana Dispensary Negative Secondary Effects; (2) the Riverside County District Attorney's Office White Paper on Medical Marijuana; (3) the City of El Cerrito Police Department Memorandums; and (4) sworn declarations submitted by the Chief of Police of Anaheim and two other Anaheim police officers defending a challenge by an existing medical marijuana dispensary to Anaheim's ordinance banning medical marijuana dispensaries. Also attached hereto and incorporated herein by this reference is the Request for Planning Commission Action dated September 24, 2007 and information supporting the proposed ordinance and considered by the Planning Commission in its consideration of the matter. PUBLIC SAFETY COMMITTEE AND PLANNING COMMISSION ACTION On July 31, 2007, the City Council Public Safety Committee recommended an ordinance banning medical marijuana dispensaries be considered by the City. On September 24, 2007, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2007-04 and adopt an ordinance approving Ordinance Amendment No. 2007-02 by a vote of 6:0 (Munoz absent) to define and ban medical marijuana dispensaries in all zones and to amend Chapter 18 to prohibit medical marijuana dispensaries in the city. In recommending the proposed action to the City Council, the Planning Commission recommended adding a section to the ordinance setting forth the Planning Commission's wish to review the issue in two years to reconsider the ban if in that time the dispute between state and federal law is resolved in favor of permitting such facilities. That provision was not considered or approved by the City Council Public Safety Committee. Staff recommends that the Planning Commission's recommendation for future review of the ban be implemented by motion of the City Council rather in the body of the ordinance. If the City Council wishes to follow the recommendation of the Planning Commission, in introducing the ordinance, the additional language to be added to the ordinance should read: "The ordinance shall be reviewed in two years by the Planning Commission." 7 5A-4 Zoning Ordinance Amendment No. 2007-04 Ordinance Amendment No. 2007-02 October 1, 2007 Page 5 FISCAL IMPACT There is no fiscal impact associated with this action. ~-~-.~ day M. Trevino Executive Director Planning & Building Agency HS:rb hs\medical_Marijuana_Ordinance\zoa07-04oa07-02.cc 75A-5 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 24, 2007 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2007-04 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO DEFINE AND BAN MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES AND ORDINANCE AMENDMENT NO 2007-02 TO AMEND CHAPTER 18 TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~~ ~ Planning Man er 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2007-04. 2. Adopt an ordinance approving Ordinance Amendment No. 2007-02. DISCUSSION Background For the last two years the City Council has had a moratorium in place banning medical marijuana dispensaries from opening in Santa Ana. The moratorium expires on October 17, 2007. Under state law, such moratoriums cannot generally be extended beyond two years. The proposed ordinance would permanently ban medical marijuana dispensaries. The proposed ban is directed toward storefront operations that deal medical marijuana to individuals. It would not apply to state licensed hospitals, residential care facilities, hospices or home health agencies, because these uses offer generalized medical care or supportive services to patients. Because the City's Zoning Code has a very broad definition of retail and service uses, the proposed ordinance would also list medical marijuana dispensaries as a prohibited use in the City. EXHIBIT 1 75A-6 ZOA No. 2007-04 and OA No. 2007-02 September 24, 2007 Page 2 Analysis of the Issues Under federal law, marijuana is considered a Schedule I drug which denotes "a high potential for abuse, lack of any accepted medical use, and absence of any accepted safety for use in medically supervised treatment." But California has two statutes dealing with medical marijuana. The Compassionate Use Act of 1996 (the "Compassionate Use Act") was enacted through a popular initiative, Proposition 215. The Medical Marijuana Program Act of 2004 was enacted by the State Legislature in the belief that Proposition 215 was being ignored by California cities and counties. Both of the Acts provide a defense to criminal prosecution for possession, cultivation, and transportation of marijuana in certain circumstances. In June 2005, the United States Supreme Court, relying on the Commerce Clause and Supremacy Clause of the United States Constitution, held that this California state law does not provide a defense to individuals prosecuted in federal court for cultivation, transportation, or possession of marijuana. After the June 2005 Supreme Court decision, many cities, including Santa Ana, enacted moratoriums to study the issue of medical marijuana dispensaries. Currently, many cities are facing the same predicament that Santa Ana is facing with their moratoriums about to expire. In Orange County, the cities of Tustin, Anaheim, Fullerton and Costa Mesa have all banned medical marijuana dispensaries from their cities. Anaheim recently enacted their ban and also decreed that any dispensaries already in existence would have to close. The City of Huntington Beach initially allowed medical marijuana dispensaries in general and limited industrial zones but is considering deleting this permission for medical marijuana dispensaries in its zoning code. On July 17, 2007, the Board of Supervisors for the County voted to approve a fee for the issuance of identification cards for patients and primary caregivers, which each county is mandated to issue under the state Medical Marijuana Program Act. The County has not addressed them from a land use perspective in the unincorporated areas. Elsewhere, Pasadena, Fresno, Susanville, and Concord, among others, have also banned medical marijuana dispensaries. All of the aforementioned cities were sued by a non-profit group called the American Medical Marijuana Association (ANNA) that promotes the use of medical marijuana. Susanville and Concord prevailed at the demurrer stage and the lawsuit 75A-7 ZOA No. 2007-04 and OA No. 2007-02 September 24, 2007 Page 3 against Pasadena was filed but never served. The lawsuit against Fresno has been stayed and during the stay, Fresno enacted an ordinance which appears to allow medical marijuana dispensaries and cooperatives in any zoning district designated for medical offices but only if consistent with State and Federal law (therefore, it really bans them.) According to a December 2006 Fact Sheet put out by the Los Angeles Police Department, as of December 2006 70 cities and six counties in California had moratoriums, 34 cities and five counties had enacted bans, and 24 cities and seven counties had established ordinances authorizing them one way or another. Atascadero, Berkeley, Elk Grove, Hayward, Oakland, San Francisco, San Jose, Santa Cruz, Santa Rosa, Visalia, West Hollywood, and Whittier are among some of the cities which allow medical marijuana dispensaries in specified zones. Currently, Long Beach, Corona, Mission Viejo, Newport Beach, Santa Clarita, and Simi Valley, among others, still have moratoriums in place. Several other cities have opted not to address the issue at the Council level, on the theory that (a) any land use not expressly permitted by the zoning code is banned, and/or (b) no land use can be legally established that violates federal law. These cities include Orange, San Juan Capistrano, Burbank, and Glendale. Numerous law enforcement agencies have expressed concerns regarding medical marijuana dispensaries and cooperatives in their areas. The California Police Chief's Association (CPCA) recently compiled a report containing data from several jurisdictions which illustrates some of law enforcement's complaints about these facilities: the facilities violate federal law, street dealers often sell at lower prices to entice patients away from dispensaries, non-residents travel to the city to purchase marijuana, neighboring businesses have experienced a loss of customers, there appears to be an increase in unreported crime to avoid negative publicity, there have been robberies outside of and at the dispensaries, there have been home invasion robberies of individuals who utilize or are employed by the dispensaries, and patients selling to non-patients (report available upon request in the City Clerk's office). In addition, the media have investigated and reported about several physicians suspected of providing prescriptions of medical marijuana when they have not evaluated the patient's medical condition or the patient has no serious medical condition that would warrant a prescription. 75A-8 ZOA No. 2007-04 and OA No. 2007-02 September 24, 2007 Page 4 These concerns are discussed more fully in the CPCA report on medical marijuana dispensaries, the E1 Cerrito Police Department memorandum, and the Riverside District Attorney's White Paper. The secondary effects outlined in the CPCA report and El Cerrito Police Department memorandum (available upon request in the City Clerk's office) are likely to occur in Santa Ana if medical marijuana dispensaries are allowed to legally operate. Unlike the cities and counties which have opted to not adopt ordinances addressing this issue, Santa Ana has a broad zoning use classification of "retail and service" uses (Santa Ana Municipal Code section 41-144) which would appear to allow medical marijuana dispensaries. Accordingly, once the moratorium expires and without a ban, medical marijuana dispensaries would be allowed to operate in all specific development (SD) districts which allow retail and service uses, as well as the city's Cl, C2, C3A, C4, C5, and C-SM zones. Existing legal dispensaries would be allowed to change to another retail use regardless of zone. Therefore, an ordinance prohibiting medical marijuana dispensaries does not conflict with any Federal or State legislation, and none have been invalidated by court action. The proposed ordinance does not prohibit medical marijuana use, but would protect the health, safety, and welfare of Santa Ana residents and businesses-. CEQA Compliance In accordance with the California Environmental Quality Act, this project is Categorically Exempt from further review. Hal y Soboleske Associate Planner HS:jm hs\medical_Marijuana_Ordinance\zoa07-09oa07-02.pc 75A-9 Medical Marijuana Dispensaries This report is respectfully presented to you with the following disclaimers; • This report does not attempt to address the merits of Medical Marijuana (MMJ) or the concept of its use as an alternative medicine as discussed or proposed in P TopGSitt011 215. This report contains compilations of data collected by others in Law Enfarcement as well as media coverage and this data is identified as such. Areas t11at currently act as a hindrance to a true study of this topic are; Under Reportini;: With few exceptions, agencies colltacted stated that they felt that t11e crimes related to Medical Marijuana Dispensaries were under reported, if reported at all. Confidential informants have provided information that these additional crimes (Robberies, Assaults and Burglaries involving Mari}uaila ar large amounts of cash) are not reported so as to not draw additional Law );nforcement and Media scrutiny to this very lucrative trade. This is not unlike the thought processes employed by the Cosa Nostra and organized street gangs here in California. Crime Classification: Another barrier to collection of this data is the lack of classification of this data as MMJ related. In years past, statistical analysis of domestic violence and hate crimes was difficult. These crimes now receive their own classifcation so tracking them is much. easier. However until such time as MMJ crimes receive their own classification, separating these crimes from non MM.J related crimes is very difficult. Over Reliance on Strai~'ht Statistical Data: Gathering statistical data on this topic would appear to be a simple task. One would Imagine that you would look at crime in a given location prior to the arrival of a MMJ Dispensary and then look at crime after its arrival. This presents several difficulties. First, based oil Internet research, there appears to be approximately 240 MMJ Dispensaries (www.canorml.or~) located in almost as many jurisdictions. No one agency can access data from. all these locations and not all agencies compile this data. I spoke with several agency representatives and each had information regarding this issue,llowever few 11ad specific crime statistics. Secondly, not all crimes related to MMJ take place in or around a dispensary. Some take place at the homes of the owners, employees or patrons. Lastly, not all the "secondary issues" related to MMJ Dispensaries are crimes. Loitering, additional vehicle and pedestrian traffic, use of MMJ at or near the facilities are described as quality of life issues and are oi11y really quantified when they appear in the newspaper or the complainants appear at a City Council meeting. Prior to discussing the reports of other Law Lnforcemen.t agencies, I would like to present some information from our Department. While our City does not currently have a MMJ Dispensary, this does not mean. that we are immune from their effects. EXHIBIT 2 75A-10 On January 7, 2004 a resident of El Cerrito was arrested for possession of marijuana for sale. The subject was found to be in possession of 133 grams {4.6 ounces) of marijuana, a small amount of cash, a "replica handgun" pellet gun. and three MN1J Dispensary cards (Oakland Cannabis Buyers Collective, Cannabis Buyers Collective of Marin and "Compassionate Caregivers" of Oakland) On February 25, 2005, the same subject mentioned above was discovered to be growing marijuana. in his house. He was found to be in possession of I S adult plants, 72 starter plants, 505 grams (1.10 lbs} of processed marijuana, 50 grams (1.75 oz) of hashish packaged for sale and two assault rifles as well as $6,000.00 in cash. The subject claimed that these plants were MMJ. An investigation was conducted with. the assistance of the West Contra Costa County Narcotic Enforcement Team and resulted in the conviction of the resident for Unauthorized Possession of Cannabis and Possession of an Assault Weapon. On July 9,2005, during a suspicious vehicle check, one of our Officers determined that a resident (Who is a member of the Oakland Cannabis Buyers Cooperative) possessed. 55 immature plants with the intent of cultivating them and selling them to a MMJ Dispensary. The District Attonney has filed. a complaint containing two felony charges of possession and cultivation of Marijuana. This case is awaiting adjudication as the subject has failed to appear in court (it is believed he has fled to the state of Oregon) and a bench warrant has been issued for his an•est. On December 11, 2005, a traffic stop for speeding resulted in the arrest of the occupants for the possession on Marijuana packaged for sale and X3,365.00 in cash. On March 8, 2006 our School Resource Officer received 'information that several students were ill after eating a cookie. The investigation. revealed that a student had made cookies with a butter obtained outside (secondary sale} a MMJ Dispensary containing a highly concentrated form of Tetrahydrocannabinol (THC the active ingredient i.n Marijuana). The student used the "butter" to bake and then sell these coolci.es to other students. After the student discovered that the cookies were so potent that some of his fellow students had to be treated at local. hospitals, instead of throwing them away, he gave them to other students without telling them what they were laced with. This incident resulted in at least four students requiring hospitalization and it is suspected at least two or three others were intoxicated to the point of sickness. From March of 2004 to May of 2006, this Department has conducted seven investigations at El Cerrito High School and Portola Junior High School resulting in the arrest of eight juveniles for selling or possessing with intent to sell Marijuana on or around the school campuses. Gathering the data from these incidents required hours of research and examination. Many agencies have neither the available resources nor the inclination to gather data of this kind. This makes presenting the data for consideration in this matter very difficult. 2 75A-11 Another area of importance is the possession of firearms in conjunction with Iarge quantities of cash and marijuana. Those who have the money and drugs want to keep them and arm themselves to prevent robberies. Those who wish to relieve those in possession of cash and drugs use firearn~s and other deadly weapons to accomplish their task. When speaking to those involved in the drug trade, they will tell you violence and greed are "all just part of the game." '~Jith the exception. of those entries identified fi-am other sources,l contacted and interviewed representatives from each of the listed agencies. T have included newspaper articles that either further describe events or provide additional information regarding some of the "secondary issues". ANAHEIM May 19, 2004 a MMJ Dispensary "420 Primacy Caregivers" obtained a business license and. began operations. Fall. 2004, Tlie Police Department began to receive complaints from neighboring businesses i.n the complex. The complaints centered around. the ongoing sales of Marijuana to subjects who did not appear to be physically ill, the smell of Marijuana inside the ventilation system off the building and the repeated interruption to neighboring businesses. Jaaruary 2005, The MMJ Dispensary was robbed at gunpoint by three masked subjects who took both money and marijuana from the business. April 5, 2005, The Department met with the property Management Company, owners and representatives from the businesses in the complex which housed the M.MJ Dispensary. The meeting focused on the safety of the employees and patrons of adjacent businesses. Many neighboring businesses complained of Marijuana use on the premises and in the surrounding area as well as a loss of business based on the clientele of the MMJ Dispensary "hanging around the area". Since this meeting, two businesses have ended their lease with the property management company. A law firm that had been in that location for ten years left citing "Marijuana smoke had inundated their office....and they can no longer continue to provide a safe, professional location for their clientele and employees." A health oriented business terminated their lease after six years and moved out of the complex citing "their business is repeatedly interrupted anal mistaken multiple times a day for "the store that has the marijuana." The owner fears that "he or his employees maybe shot if they are robbed by mistake and the suspects do not believe they do not have Marijuana." The Property Management Company indicated "at least five other businesses have inquired about terminating their lease for reasons related to 420 Primary Caregivers." Arrests have been made supporting the belief that some "qualifying patients" purchase Marijuana with a doctor's recommendation, then supply it to their friends for illicit use. 75A-12 Criminal investigations have revealed the business is obtaining its Marijuana fram a variety of sources including Marijuana smuggled into the United Sates from South and Central America. The Police department has conservatively estimated the "424 Primary Caregivers" business to be generating approximately $50,000.00 a week in income. (Source Declaration of Sgt. Tim Miller Anaheim P.D. Street narcotic Unit} ALAMEI~A CGUIv'1'i' January l2, 2005 a MMJ customer was robbed after leaving the "The Health Center" MMJ Dispensary (San Leandro}. The victim was accosted by two subjects who possibly followed the victim away from the dispensary. February 6, 2005 a MMJ Dispensary, the "Compassion Collective of Alameda County" was robbed by two subjects armed with handguns. The robbery took place at 4:50 pm in the afternoon and the suspects took an unspecified amount of cash and Marijuana. April 27, 2005 a MMJ Dispensary, "The Health Center" {San Leandro) was burglarized at approximately 3:05 am. No specifics were provided as to th.e lass sustained as a result of the burglary, Many investigators believe that the victims do not truthfully report the loss of cash or marijuana. May 24, 2005 a patron of a MMJ Dispensary, "A Natural Source" (San Leandro) was robbed by three subjects in the parking lot of the dispensary after making a purchase of Marijuana. August 19, 2005: Five subjects armed with. assault rifles conducted a take over robbery of a MMJ Dispensary "A Natural Source" (San Leandro). They engaged in a shoot out with two employees and one of the suspects was killed in the exchange of gun fire. Sept. 12, 2005: .Both money and marijuana were stolen from the Alameda County Resource Center (16250 East 14th St.) when burglars chopped through the wall of an adjacent fellowship hall during the night. (Source Declaration by Lt. Dale Amaral Alameda County Sheriff's Department) Calls for Service Related to VIMJ Dispensaries (Unincorporated San Leandro and Hayward} Officer Initiated events maybe vehicle stops or on-view arrests. 16043 East 1.4`x' Street: 2003: 2 Officer Initiated activity events, 2004: 1 Officer Initiated activity events. This business is now closed, 21227 Foothill Blvd "Garden of Eden" 2003: 1 Officer initiated activity events, 2004: No calls for service, 2005: 1 Theft call, 4 alarm calls, 1 Officer Initiated activity events. 9 i 3 E, Lewellin.g Blvd. "We are Hemp" 2003: 1 Officer initiated activity event, 2004: 1 Assault call, 2 Officer Initiated activity events, 2005: 1 Assault call, 1 Officer Initiated activity event. 4 75A-13 16250 East 14`x' Street: 2003: 1 1. Officer initiated activity events, 2004: 3 loitering calls, 9 Officer initiated activity events, 2005: 5 Officer initiated activity events. 15998 East 14`h Street: "The Health Center" 2003: 1 Officer initiated activity event, 2004: I Trespassing call, l Assault, 2 Disturbance calls, 2 Miscellaneous, 26 Officer initiated events, 2005: 1 Robbery, 1 Aggravated Assault, 1 Grand Theft, 3 Petty Thefts, 2 Vehicle Thefts; 4 Trespassing calls, 5 Loitering calls, 1 Weapons Possession, 2 Controlled Substance cases, 4 Alarm calls, 9 Disturbance calls, 3 Miscellaneous calls and. 21 Officer Initiated events. 16360 Foothill Blvd: 2003: 1 Officer initiated activity event, 2004: 2 Officer initiated activity events, 2005: 1 Homicide, 2 Aggravated Assaults, i Grand Theft, 1 Controlled Substance case, 13 alarm calls, 2 Officer Initiated events. 21222 Mission Blvd: "Compassionate Collective of Alameda County" 2003: 2 Officer Initiated events, 2004: 5 Officer Initiated events, 2005: I Attempted Homicide, 2 Robberies, 2 Burglaries, 2 Controlled Substance cases, IO Alarnn calls, 2 Disturbance calls, 1 Miscellaneous calls and 2 Officer Initiated events. (Source Alameda County Sheriff s Department Report) Car Jacking Latest Pot Club Crime Linda Sandsmarl~ San Leandro Titnes San Leandro, CA Sept 29,.2005 -- A woman was carjacked and robbed Monday afternoon after she left The Health Center (THC) marijuana club at 15998 East 14th Street. Citizens in the area saw the crime occur about four blocks from THC and called police on their cell phones..... The unidentified woman, who is from Garberville in Humboldt County, walked back toward the clinic and her car was found on nearby Liberty Street. "She doesn't want to pursue a criminal complaint in spite of the fact she was carjacked," says Alameda County Sheriff's Department spokesman Lt. Dale Amaral. "When you have this kind of drug distribution center it's an absolute magnet for every thug in the nine Bay Area counties. We're running from call to call." Amaral points out that no matter how armored the clinic buildings are, the people entering and exiting are still targets. He advises them to be aware of their surroundings and to drive to the nearest police station or flag down an officer if they think they are being followed. Crimes including burglaries and robberies at many of the dispensaries have caused widespread community concern......lt's a target-rich environment," says Amaral. "The sheriff's department is devoting a tremendous amount of resources to These clubs...... , ..Clinic location has also had an impact on neighborhoods. Though the clubs may not be selling directly to students, the county's School. Resource Officers report a 36-percent increase in arrests on nearby school campuses for minors possessing marijuana, possibly due to increased supply in the area. (Source http•//www hempevolution orb/the/dispensary robbed040514.htm) 75A-14 ARCATA • There are two dispensaries in town that share a building. The two dispensaries have an ongoing disagreement with each. other that has resulted innumerous calls for police services to settle disputes, • The facilities do not have the correct electrical support and continuously blow out the electricity in the area. They have not complied with upgrading their electrical. systems or responded to fire department concerns regarding proper exits and sigmage. • There have been numerous instances where people have purchased marijuana at the dispensary and then resold it at a nearby park. A doctor has came to the dispensaries and, for a fee, will provide a medicinal marijuana recommendation for just about any complaint the patient makes. (Source Staff Report to Davis City Council: Medical Marijuana June 13, 2005) BAKERSFIELD Sep 8th, 2005. DEA arrested three subjects in raid on the Free and Easy cannabis dispensary. Kern County sheriffs sununoned the DEA after being called to investigate a robbery at the facility. Police found plants growing at one subject's home plus 20 lbs of marijuana, and illegally possessed firearms. . (Source) http://www.canorml.org/news/fedmmjcases.html BERKELEY March 30, 2000: Two males armed with sawed off shotguns forced entry into a residence and forced the occupant at gun paint to turn over a safe. A subsequent investigation revealed that a second resident who was not home at the time was a former director of a IvIMJ Dispensary and was the intended target of the robbery. October 2001, December 2001 and June 2002: The 1vIM:J Dispensary on University was robbed. Largos sums of money and Marijuana taken.. March 2003: A home invasion robbery over marijuana cultivation escalated into a homicide. December 2003: TheMMJ Dispensary on. Telegraph was robbed. (No further info provided) April 2004: A home invasion. robbery investigation. resulted in the seizure of $69,000.00, ten. pounds of Marijuana and a "Tech 4" machine pistol. "While recognizing the medical needs of the cannabis using patients, staff is concerned about the potential for crime and violence associated with the distribution and cultivation. of Marijuana" {Source) City Manager's report to the Berkeley City Council 6 75A-15 Excerpts from: Pot club robhed,for third time irr a year By David S'chcn.fenberg Daily Planet staff~(06-07-02) Club had promised to Iimit amount of cash, -narijuana stashed there Four men stole $1,500 and $3,500 worth of marijuana from the Berkeley Medical Ilerbs pot club yesterday after two of them were allowed on site without proper identitcation. The afternoon heist renewed concerns about the integrity of the club's security and reignited same anger in the neighborhood. "I think it's a public nuisance and I think i.t needs to be closed," said. City Councilmember Linda Mayotte incident marks the third time in a year robbers have stormed the medicinal marijuana club, located in a small brick building at 1627 University Avenue. The last robbery, in December, prompted a rash. of concern. from city officials about security at the club. Medical Herbs responded to that by closing at 4 p.m. so it would only be open during daylight hours. The club hired a licensed security guard, installed video cameras, and it agreed to limit the amount of cash and pot on the premises, among other measures....Two Latino men. approached the front gate on University Avenue Wednesday about 2:30 p.m., said Geshuri. The men. failed to show the identification cards that are required of every patient but were let through the gate because they claimed to know owner Ken Estes. The security guard. relayed the message to general manager Randy Moses, who opened the building's main door to confirm th.e story, then closed the door without turning the lock, Geshuri said. At that point, one suspect pulled a gun and the other a knife, forcing their way into the building. The suspects told everyone to lie on the grotmd.. They took the cash and marijuana and fled, Geshuri said. Geshuri said the club's security cameras were out for repairs Wednesday. Police who had been scouting the premises to prevent robberies had left only minutes before the incident, Geshuri said....... One neighbor who did not want to be identified said he saw the two men meeting two other men waiting outside in a late model, tan vehicle in which they all got away. "The guys wha robbed it ran. out with a big satchel," the neighbor said, adding that he disapproves of the marijuana club. "This is a very attractive place for other drug dealers to rab. It's not something we want in our neighborhood." Geshuri acknowledged that a few neighbors are opposed to the club, but said most of the residents support Medical. I3erbs in its mission. The club had pledged after the December robbery to keep no more than $1,000 and on.e pound of marijuana on site. But Geshuri said the robbers on Wednesday made off with $500 more than. that and as much as apound-and-a-half of marijuana. T11e witness oppased to the club said theft proves that management is not keeping its pledge to prevent robberies and ensure safety. But Geshuri said the incident was an aberration. "It's rare that we have that much product on site," she said, arlniing that the club had just received a shipment and was in the process of dividing it up for patients. She said Medical Herbs keeps most of its supply off-site, at secure Iocations. Berkeley • Has four facilities operating in the City currently (last 3-4 years). • There have been several take over robberies of the dispensaries. • There have been arrests where legitimate purchasers have resold marijuana on the street to well individuals. • Obvious young people entering and purchasing marijuana from the dispensary. 75A-16 • Recommended that if we did not currently have the dispensaries, we should not allow them. • Police department has been. given explicit instructions by their City Council not to take any kind. of enforcement action against the dispensaries or people going in or out of the facility. • Facilities will accept any Health. Department cards, even those obviously forged or faked. (Source Staff Report to Davis City Council: Medical Marijuana June 13, 2005) BUTTE COUNTY Butte County does not track statistics rela#ed to MMJ Dispensaries, however a Detective in the Investigations Unit knew of; At least six robberies or attempts, one of which involved a shoot out between the suspect and victim occurred during the months of August to October 2005. >/ach of these robberies took place at the vi.ctim's residence and the target was the victim's marijuana cultivation. He stated that this is the busy time of year for these activities as it is harvest time for the Marijuana grows. (Source Det. Jake Ilancock. Butte County Sheriff's Department} CALAVARAS COUNTY Jan. 2005. Federal government files forfeiture suit after Local sheriff finds 134 marijuana plants. Government seeks to forfeit a home and five acres of land. The defendant says he was growing for half a dozen friends and. family members and had checked with. Local authorities to make sure he was within legal guidelines. (Source http://www.canorml.orghiews/fedmmjcases.html) CHERRYLAND Chenyland, CA June 30, 2005 -- An employee of a marijuana dispensary narrowly escaped with his life after a gunman opened fire as he waited outside the establishment for co-workers to arrive. The employee, whom. authorities declined to identify, was sitting inside his car in the rear parking lot of the Collective Cannabis Club at 21222 Mission Boulevard on Tuesday morning when a masked gunman appeared, said Lt. Dai.e Amaral, spokesman for the Alameda County Sheriff s Department. (Source http://www.hetnpevolution.org/media/Santa_cnaz_sentinel/scs041213.htm) CLEAR LAKE There have been a few reported robberies of medical marijuana patients away from. the dispensaries. One significant case involved home invasion robbery. Multiple suspects entered the home of a person. who was known to be a MMJ user. During the robbery, one resident was beaten with a. baseball bat while the suspects made inquires regarding the location of the marijuana. Two of the suspects were shot and killed by the homeowner. {Source Clear Lake P.D. Inv. Clawson) 75A-17 CLOViS In December of 2005 the Clovis Police Department in conjunction with the Fresno County Sheriff's Department conducted an investigation which resulted in the arrest of a subject for possession of 120 pounds of marijuana. The subject of the investigation was found to have a medical marijuana card which. helped facilitate his possession and. sales of marijuana. (source www.ci.Clovis.ca.us/PressRei.esaseDetail.asp?ID=838) DAVLS (Excerpts from Staff Report to Davis City Cou.ncil:.Medical Marijuana June 13, 2005) in summary, t11e experiences of other cities that already have dispensaries are bad. Dispensaries have experienced robberies themselves; legitimate patients have been robbed. of their marijuana as they leave the facility; people purchasing marijuana at the dispensaries have been caught reselling the marijuana nearby; street level dealers have begun selling marijuana and. other drugs nearby in. an effort to undersell the dispensary; some dispensaries have doctors present in their facility who wi.li recommend marijuana as a course of treatment for just about any patient complaint; and many dispensaries do not take serious steps to ensure they are setting only to legitimate patients or their caregivers. When asked, many of the police departments that already have facilities in their cities said that if Davis did not already have a dispensary, we should take steps to prohibit one from opening in the city. EI. DORADO COUNTY MMJ Dispensary operated medical marijuana clinic in Coal, California with 6000 patients; DEA raided Sep. 28, 2001; seized patient records. Indicted Jun 22, 2005 for marijuana found on premises. (Source http://www.canorml.org/news/fedmmjcases.html) FAIRFAX • Chief of Police hen Hughes, advised the following: • Fairfax has one marijuana dispensary • Fairfax has had some problems with patients selling to non-patients They have had problems with. purchasers froth dispensary congregating at a baseball field to smoke then marijuana • Fairfax police arrested one person who purchased marijuana at the dispensary and then took it to a nearby park where he tried to trade it to a minor for sex • Very small town and low crime rate (Source Rocklin P.D, report) 9 75A-18 HAYWARD P.D. • Acting Chief Lloyd Lowe, advises the following: • Hayward has three dispensaries total, two legal under local ordinance and one illegal.. They have had robberies outside the dispensaries They have noticed. more and. more people hanging around the park next to one of the dispensaries and learned That they were users in between purchases They have problems with user recornmendatiori cards - not uniform, anyone carp get them • One illegal. dispensary sold coffee, marijuana and hashish - DA would prosecute the hashish sales and possession violations after arrests were made • They have received complaints that other illegal drugs are being sold inside of dispensaries • The dispensaries are purchasing marijuana from growers that they wilt not disclose • Chief Lowe believes that the dispensaries do not report problems or illicit drug dealers around their establishments because they do not want the police around • Hayward Police arrested a parolee attempting to sell three pounds of marijuana to one of the dispensaries • Hayward has recently passed an ordinance that will make marijuana dispensaries illegal under zoning law in 2006 (Information provided by Rocklin P.D. report) HUiVIBOLDT COUNTY One subject arrested in Humboldt County Aug 01., 2001 growing 204 plants for the Salmon Creek. patients' collective; case turned over to the feds, pled guilty Dec 6; sentenced to 15 months for possession. Released from prison May 2003. Meanwhile, in a separate case, this subject won a landmark federal lawsuit for return of one ounce of pot seized by the DEA at the request of the Humboldt sheriff after the latter was ordered to return under Prop. 215. This subject is now missing and presumed dead since Aug 2003; police suspect foul play. (Source http://www.canorml.org/news/fedmmjcases.html) 12/12/2003 Subject: Attempted Murder Suspects Arrested Contact: Brenda Gainey, Case No#: 2003081.80, Location: Garberville Humboldt County Sheriff's Deputies arrested two Garberville men last night wanted in connection with an attempted murder case from Mendocino County. Yesterday afternoon the Mendocino Sheriff's Office received a report of a shooting in Willits. Detectives from Mendocino learned that the victim, Jarron Jackson, 38 of Antioch, had been shot once in. the arm during a robbery at a residence in Willits. Mendocino County Sheriff s Detectives learned the identities of the two suspects and issued a "Be On the Loookout" bulletin to Northern California police agencies. The bulletin also indicated that the two suspects were residents of Garberville. Late yesterday evening Humboldt County Sheriff's Deputies and officers from the California Highway Patrol went to the suspects' residence on the 1400 block of Redwood Dr. in Garberville. 10 75A-19 Arrested at the house were Charles Magpie, 26, and Rudolph King, 28. Both men were taken into custody without incident. While waiting for lvlendoci.no County Officials to arrive at the scene, Humboldt County Deputies received. consent to search the house from one of the residents. Deputies found a sophisticated indoor commercial marijuana grow. Members of the Sheriff's :Drug Enforcement Unit were called. and found the following: • Twenty-eight pounds of processed marijuana; estimated street value of ~ 100,000. • One thousand growing marijuana plants ranging in size from six inches to two feet; estimated street value of $875,000. • Two shotguns • Approximately $ 16,000 in cash Date Released: 6/2/2006 Subject: Marijuana Investigation Contact: Deputy Campbell Case No#: 200603240 Locations: Swayback Ridge On 6/]./06, Sheriffs deputies were conducting follow up to a residential burglary that occurred in the Swayback Ridge area of Humboldt County. While attempting to contact persons who may have had knowledge about the burglary, a commercial indoor marijuana operation was discovered. The Sheriff's Drug Enforcement Unit, assisted by the Drug Enforcement Administration and the Bureau of Narcotics Enforcement, served. a search warrant on the property. Law Enforcement seized 570 marijuana plants, 1.5 pounds of processed marijuana, and three rifles. Suspect information was obtained, and warrants are being sought at this time. (Source http://www.co.humboidt.ca.us/sheriff/pressreleases} KERN COUNTY July 20, 2005. The director of American Kenpo Kungfu School. of Public Health was arrested for cultivating over 2,000 plants at three different locations. He was charged with conspiracy to distribute and possess more than 1,000 plants (10 year mandatory minimum). (Source http://www.canorml.arg/news/fedmmjcases.html) LAKE COUNTY TASK FORCE: (Bureau of Narcotic Enforcement) One recent case currently in federal litigation involves the seizure of 32,000 plants from one grow, The cultivator claims that he is a "provider" for Medical Marijuana patients and therefore exempt from prosecution for cultivation. The subject was arrested and released on bail pending trial on marijuana charges with possible sentence of 12 years to life. On Feb 16, 2005 this subject was re-arrested along with another subject after allegedly selling one pound of marijuana to DEA agents, who claim they did not mention medical purposes. (Source} Lake County Narcotic Enforcement Team One pound of high grade Marijuana. sells for approximately 54,000.00 dollars in the Bay Area. In the Mendocino area that price drops to approximately $2,700 per pound based on availability. Zi 75A-20 It is estimated that one plant can yield one to three pounds of Marijuana. Based on this information 32,000 plants times 1- 3 paunds = 32,000 - 96,000 pounds at $2,700 per pound = S8fi,400,000 to 259,200,000. LAKE COUNTY IMPACTS Sheriff Rod Mitchell, advised the following: • Lake County has one marijuana dispensary in Upper Lake (Two as of this writing) • The biggest problem is the doctor, close by the dispensary who is known across the state for being liberal in his recommendations to use marijuana for a fee of $175 • Many "patients" come from hours away and even out of state, Oregon specifically, to get a marijuana recommendation from the doctor • Upper Lake has been impacted by the type of people coming for the marijuana doctor and dispensary. Citizens report to the Sheriff that the people coming to Upper Lake for marijuana look like drug users ("dopers"). • One quilt shop owner has told the sheriff that she does not feel safe anymore because of the type of people drawn to the marijuana doctor and the dispensary, which are located close together in the very small town. • They also have a. notorious marijuana grower who beat prosecution for cultivation by making a medical claim. Law enforcement has taken a hands off approach even though he is blatantly violating the law. • The Marijuana grower has recently claimed to be a church to avoid paying taxes. (Source Rocklin P.D. report) LAYTONVILLE Crane by QUINCY CROMERIThe Daily Journal (Excerpts from the article) The owner of Mendo Spiritual Remedies in Laytonville and Hemp Plus Ministry in Ukiah -- who says he provides medical marijuana to more than a thousand people in Mendocino County -- will be in court next week to face charges for cultivation of marijuana. Les Crane, founder and self-proclaimed reverend of the two churches where medical. marijuana is available locally, said some 5,000 cannabis plants and his Ii.fe savings -- about $6,000 converted into gold -- were seized by the Mendocino County Sheriffs Office on May 16. "They came here because a guy was coming to rob my house. I called them to come and solve the problem. and then they found out about the grow. We showed them all. the documentation and they Ieft and went and got a search warrant and came back and searched my church.," Crane said. (Source) http://www.hightimes.com/ht/news/content.php?bid=1203&aid=10 Laytonville marijuana guru shot to death 2 others beaten in home; no suspects, but officials believe killing related to pot growing Saturday, November 19, 2005 12 75A-21 By GLENDA ANDERSON THE PRESS DEMOCRAT A Laytonville pot guru who founded two Mendocino County medicinal cannabis dispensaries was shot to death during an apparent robbery in his home early Friday morning. Les Crane, who called his pot dispensaries churches and referred to himself as a reverend, said he was in the business to help ailing people, not to make money. He had said he had nearly 1,000 patients. He was killed at about 2:30 a.m. Friday in his home, which is about a mile from the center of Laytonviile.... Two other people in Crane's home at the time of the shooting were beaten....Crane's death is believed to be related to his marijuana-growing and dispensing activities, Mendocino County authorities said. "I am totally surprised we haven't had more robberies and violent crimes associated with these things because of the amount of money involved and the value of the product," Sheriff Tony Craver said. Crane's Ukiah cannabis dispensary, Hemp Phis, offered exotic varieties of pot that sell for as much as $350 an ounce. He also had a dispensary in Laytonville. He called marijuana "the tree of life" and said God placed it on Earth to benefit man. His religious credentials were issued by the Universal Life Church, which supplies certificates through the mail and the Internet. Sheriffs Lt. D.J. Miller provided few details of the crime, pending further investigation, including how many times Crane was shot or if any money or items were taken. Mendocino County officials had doubts about Crane's purpose for growing pot, and in May he was arrested for marijuana cultivation and several thousand pot plants were confiscated from hi.s home. The criminal case was pending when he was killed.... (Source)http://www 1.pressdemocrat.com/apps/pbcs.dll/article?AID=/2005 T 119/NEWS/5 11140303 LOS ANGLES COUNTY January 2004, Approximately six to eight known MMJ Dispensaries operating in West Hollywood. Several of the MMJ Dispensaries have generated calls for service. January 10, 2004, An Assault with a Deadly Weapon and a Vandalism are reported at one of the MIv1J Dispensaries as well as calls generated reporting obstruction of the street or sidewalk. February 19, 2005, A MMJ Dispensary "LA Patients and Caregivers" reported that two subjects armed with handguns robbed the dispensary. May 6, 2005, A search warrant was served at one of the dispensaries by L.A.P.D. (no further information provided) May 15, 2005, A MIvIJ Dispensary "Alternative Herbal Health Services" four to five subjects armed with handguns entered the business at 4:25 pm, one of the employees was "pistol whipped" as the suspects demanded access to the dispensary's safe. (Source Declaration of Sgt. Robert McMahon Los Angles County Sheriff's Department) 13 75A-22 LOS ANGELES RECENT INVESTIGATIONS The County Ordinance does not specify who may dispense medical marijuana and what dosage is appropriate for a particular illness. Furthermore, many dispensaries contract with physicians who issue the recommendations without examining the individual to verily they are in fact ill. and. using the marijuana for the illness. In May 2005, the LAPD began investigating Compassionate Caregivers Group (CCG) Inc., a medical marijuana dispensary located in West iialiywood, that'oordered t1-ie City of Los Angeles. The dispensary was one of seven CCG medical marijuana dispensaries throughout the state. The owner of CCCr, a marijuana trafficking fugitive from another state, also owned Green Medicine Group (GMG) that referred prospective patients to their group of doctors throughout the state. One of the GMG doctors saw as many as 49 patients a day charging from $150-$250 per patient. The same doctor saw 293 patients in one week. The doctor allegedly examined each patient from. aclosed-circuit television monitor and a clerk in another office where the patient was, handed out pre-signed medical recommendations. Because there is no ordinance, procedure, guideline or anything to regulate dispensaries and to whom or how they disperse drugs, they are free to distribute as much marijuana as they want and to anyone, whether they are adults or young people. Young people from all. over Los Angeles County flocked to CCG to buy marijuana and then returned to their respective communities to conduct street sales of the drug. No one on the premises had medical or pharmaceutical training or licensing to distribute marijuana, edibles, plants and liquids. There was no first aid kit, defibrillator or trauma kit present at the location in case of a medical emergency. Furthermore, the business promoted the sale and cultivation of 60 strains of marijuana, of which, only six strains were for medical purposes. Evidence was also recovered at the scene that showed the dispensary was in business to make a profit. Over $1.7 million in calla alone was received during the month of March 2005. And, most importantly, only three medical marijuana recommendations were found for patients residing in Los Angeles County, yet they provided medical. marijuana to an average of 304 patients per week. The County Ordinance provides for the sales and consumption of edible marijuana. Edibles are food products, i.e. soda pop, peanut butter, candy, bakery items, jam and other liquids that contain various levels of Tetrahydrocannabinol (THC), the psychoactive agent of marijuana. There were no regulations in the ordinance for the quality control, potency, dosage and legality of the products sold. There is no Food and Drug Administration approval of the products. On March 23, 2006 in Oakland, "Beyond Bomb," one of a handful of manufacturers and distributors of edible marijuana products, who distribute edibles to medical marijuana dispensaries in California and the US, was searched by the Drug Enforcement Administration (DEA). The owner was arrested for marijuana traff eking. The area of the company used for processing and packaging edibles was atrocious. No sanitary precautions were taken whatsoever and the area was absolutely filthy and vermin was present. In addition, the company sold edibles in packaging resembling copyrighted and trademarked food items. Beyond Bomb used the same logo, candy wrapper colors and derivatives of the names of legal products, i.e. "Buddafinga" had the similar color wrapper and logo as the NestleUSA candy bar "Butterfmger." Over 20 different legitimate products were found that had infringed copyrights and trademarks in this manner. 14 75A-23 In addition, legitimate candy bars were opened and the chocolate was laced with THC and then repackaged in the new Labeling. There was no explanation for " 3X," "6X," or "lOX" markings on the wrappers of edible products (according to operators of dispensaries the markings indicate The potency of THC in the product}. Lastly, there are no directions on the edible packages for the uses, dosage, warnings (allergy alerts, stomach bleeding and alcohol}, drug facts, expiration date and other information, as required for over the counter drugs. Lastly, the ordinance called for a security system and guards for each location. This requirement has not been an issue in th.e past. Medical marijuana dispensaries typically have had more extensive security systems than. Sav-On, Rite Aide or Walgreen drug stores, and yet they still have been. robbed and assaults and murders have occurred because they keep exorbitant amounts of cash. and marijuana on hand. In addition, the security systems and. guards do nothing for the surrounding businesses or area. Many of the dispensaries locally employ street gang members with. extensive crimina histories as security guards and many of them are armed. In addition, where medical marijuana dispensaries have sprung up, the surrounding area. has seen a 50 percent increase in Part I crime. Several unincorporated areas within the County of Los Angeles bordex the City of Los Angeles. Compounding this issue, the Los Angeles County Sheriff's Department has a policy of not enforcing the law at medical marijuana dispensaries. Therefore, if the City of .Los Angeles does adopt the same ordinance, crime will significantly increase in these areas making it extremely difficult to enforce the law. (Source Det. Dennis Packer Asset I'orfeiture/Narcotics Vice Division L.A.P.D.) MEN~DOCINO COUNTY Marijuana: Marijuana Crop V1'orth $1.5 Billion in One California County Alone, Paper Estimates 1212/05 Northern California's Mendocino Cotu~ty has been known for marijuana growing for at least 30 years. Part of the state's legendary Emerald Triangle of high-grade pot production along with neighboring Humboldt and Trinity counties, Mendocino has long profited from the underground economy. Last week, a local newspaper, the Willits News, tried to gauge just how large the profits may be, and the result is startling. According to fhe News, the local marijuana industry will add $1.5 billion to the county's economy this year. With 1Vlendocino's legal economy estimated at about $2.3 billion, that means the pot economy is almost two-thirds as large as all other legal economic activities combined. When combining the aboveground. and underground economies, the marijuana industry is responsible for roughly 40% of all Mendocino County economic activity, a figure approaching the proportions of the Afghan opium economy. As the News is quick to acknowledge, because marijuana is an illicit commodity, no one really knows how big the industry in the county is, so the paper relied on extrapolations based on the number of plants seized and on information it acquired about current wholesale (pound level and up) marijuana prices in the area. The County of Mendocino Marijuana Eradication Team {COMMET) seized 144,000 plants this year, and District Attorney told the paper COMMET normally seized between five and eight percent of the crop, a little less than the ] 0% nlle of thumb for estimating all drug seizures. 15 75A-24 The paper more than. compensated for the iowball seizure rate by also factoring in a 20% crop loss to spoilage. Following the formula, the News estimated 1.8 million plants were sown. in the county this year, with 1.32 million surviving droughts, floods, bugs, mold, and cops. And while both the DEA and Mendocino County law enforcement like to say that one plant produces one pound, the newspaper consulted local grower "Dionysius Greenbud," who said flee average yield is closer to a half pound -- a very rough estunate, given a local. crop that consists of both high-yielding outdoor plants anal smaller, lower- yielding indoor plants. The paper's in-the-ballpark estimate for total pot production in the county is thus some 6b2,000 pounds. The paper assumed a wholesale price of $2200 a pound, based. on reports from local. growers, and a simple multiplication yields a total. of $1.5 billion. Is that figure out of line? It's hard to say. In last year's "Reefer Madness: Sex, Drugs, and Cheap Labor in the American Black Market," Eric Schlosser quoted former DEA officials as estimating the value of all marijuana grown nationwide at $25 billion. While it is difficult to believe that one California County account`s for nearly 5% of all pot grown in the US, who is to say different? (Source htt~//st~thedru~war ors/chronicle/413/mendocino.shiml.) March lb, 2006 Three suspects enter a MMJ Dispensary (Mendocino Remedies), pepper spray the employees and attempt to take property. A fight between the suspects and victims ensues and the suspects flee the scene. {Source http://www.co.mendocino.ca.us/sheriff/pressreleases.htm) MODESTO July 18th, 2005. DEA arrests three subjects on charges stemming from a raid by Stanislaus Co sheriffs, who reported discovering 49 plants and 235 pounds of marijuana there. The mails subject of the investigation and his wife had been providing medical marijuana for patients at a San Francisco dispensary. (Source http://www.canonnl.org/news/fedmmjcases.html) Soap store a front for pot outfit, cops say Patrick Giblin Modesto Bee Modesto, CA June 17, 2006 -- Drug agents looked past the soaps anal lotions at The Healthy Choice on McI-Ienry Avenue in Modesto and sniffed out a marijuana store in the back, law enforcement officials said Friday. Narcotics officers arrested Michael O'Leary, 37, of Modesto at the store, 4213 McHenry Ave. They are Jooking for his brother, Shannon O'Leary, 34, of Modesto, agent Kelly Rea said. "The second store was just like a legitimate store, with shelves, prices listed and receipts given to the customers," said Rea, an agent with the Stanislaus Drug Enforcement Agency. "I've never seen anything like it." There were prescription bottles f lied with pre-weighed amounts of marijuana. There also were 50 to 100 pre-wrapped, marijuana-laced brownies and an equal number of marijuana-laced cookies. The store had a menu of prices and types of marijuana, with the different varieties neatly packed in Tupperware containers, Rea said. "They offered full customer service," Rea said. Local, state and federal drug agents raided the store about 9 a.m. Friday and stayed until about 1 p.m., seizing property and cataloging the inventory, sheriffs spokeswoman Gina Legurias said. 15 75A-25 They also seized about $20,000 in cash. Approximately 30 people came to the store looking to buy marijuana while officers were there, Rea said. About half of them had. California medical marijuana cards, indicating they were suffering from cancer, glaucoma or other ailments. Marijuana is believed to help relieve the symptoms. However, the store isn't a licensed medical. marijuana dispensary. The rest of the potential customers didn't have cards, Rea said. "They sold to anyone and everyone," he said. No customers were arrested. They were interviewed to give officers an idea of how much business the store did, Rea said. Michael O'Leary was booked into the Stanislaus County Jail. in Modesto on charges of possession of marijuana for sale and criminal conspiracy. He was released on 525,000 bail Friday afternoon. OAKLAND • Large criminal. element drawn to the dispensary location Marijuana dealers who have a doctor recommendation are purchasing from the dispensary and then conducting illegal street sales to those who do not have a recommendation. • Street criminals in search of the drugs are robbing medical use patients for their marijuana as they leave the dispensary. • Thefts anal robberies around the location are occurring to support the iilegai anal legal (by State law} drug commerce. • Chief Word mentioned that a shoe repair business next door to a dispensary has been severely impacted because of the concentration of criminals associated with the dispensary. The shoe repair business owner is considering shutting dawn his business. • They had more than l 5 total in city; n.ow limited to four by ordinance but control is not very strong. The fines are too small to control a lucrative business. • Most of the crime goes unreported because the users do not want to bring negative publicity to the dispensary. • The dispensaries have an underground culture associated with them. At least one of the dispensaries had a doctor on the premises giving recommendations on site for a fee. • One location was a combination coffee shop and dispensary and marijuana was sold in baked goods and for smoking. • Dispensary management has told the police that they cannot keep the criminal. element out. (Source} Rocklin P.D. report ROBBERS INVADE OAKLAND POT CLUB Oakland Tribune by Susan. McDonough, (Excerpts from) November 1.0, 2003 A medical marijuana club in Oakland's so-called Oaksterdam district was the target of an invasion-style armed robbery Sunday rooming. Four men, one with a gun, tied up a bouncer outside Compassionate Caregivers at about 8:10 a.m. and barreled their way to where the cannabis club is located on the top floor of the three-story building, police said. 17 75A-26 Several medical marijuana patients and staff members were inside the club at 1740 Telegraph Ave......The gunmen tied up another person inside the dispensary and took several ounces of marijuana and a significant amount of cash before fleeing, police said...... Oakland Police Sgt. -1ugh Kidd said no one was injured and no patrons or staff members were robbed individually. Oakland was one of the first U.S, cities to legitimize the use of medical marijuana by deputizing a former club on Broadway as a distributor. That dispensary was shut down by the U.S. Drug Enforcement Agency in 1998, but a number of marijuana-related businesses have sprung up in the neighborhood to replace it. Cannabis clubs in Berkeley and Sacramento have been hit by similar armed robberies in recent years. (Source) http://www.mapinc.org/newscmc/v03/n1750/a02.htm1 June 30, 2004: Five subjects were arrested by DEA following a CHP raid on a warehouse where 4,000 plants were found. The subjects claim that the plants were for a licensed dispensary. Police gave conflicting accounts of the incident; the CHP says it called on the DEA after Oakland police declined to help. Two defendants have pled not guilty to manufacturing charges bearing a 10-year to life sentence. March lf~, 2006. DEA raids camlabis candy manufacturer, "Beyond Bomb," at three different East Bay sites, seizing over 5,000 plants, ~ 150K cash, and the company's stash of cannabis candies & soda pop. Arrested are the owner and 1 i other employees. DEA says products were packaged in eye-catching candy wrappers that might pose danger to kids. Supporters say that products were distributed for use by medical marijuana patients. (Source) http•//www canorml ora/news/fed;nmicases.htm.l One Department representative was willing to speak with me, but did not wish to be quoted for this report. They advised me of a recent carjacki.ng. This event involved an owner and three employees of a MMJ Dispensary. None of the four could agree on any fact relating to the case other than. while. property of the dispensary was stolen, no Marijuana or cash was taken, This leads us to believe that either a large quantity of Marijuana or cash was the target of the attack. PLEASANTON The City of Pleasanton does not have any dispensaries operating in Pleasanton, whether legally or illegally. Pleasanton has a moratorium on dispensaries in place, has not prepared any reports on a ban, and staff will request that Council extend the moratorium for another 1.2 months. In support of the moratorium, the following health /safety / welfare uiformation was cited; Juveniles in Pleasanton found with marijuana which was re-sold to them after having been obtained from a dispensary. A dispensary employee was the victim of a robbery at his home after he brought more than $100,000.00 in cash from a NfMJ Dispensary back to his home to Pleasanton. (Source Larissa Seto Assistant City Attorney) 18 75A-27 ROSEVILLE: • Street level dealers trying to sell to those going to the dispensary at a lower price • People are smoking marijuana i.n public around the facility • People coming to the community from out of town and out of state to obtain Marijuana (Nevada State, San aoaquin County, etc) • Marijuana DUI by people who have obtained from dispensary • At least one burglary attempt into building (Source Rocklin P.D. report} On January 13, 2006 the proprietor of th.e Roseville's MMJ Dispensary was indicated by a Federal. Grand Jury on 19 counts of marijuana trafficking and money laundering. The indictment alleges that in an eight month period the defendant made approximately $2,750,849A0 from the sale of MMJ and of that figure $356,130.00 was traced to money laundering activities. The U.S. Attorney handling the case stated, "This case is a perfect example of a person using medical marijuana as a smokescreen to hide his true agenda, which is to line .his pockets with illegal drug money." (Source Press release California State Attorney Generals Office) SACRAMENTO Sacramento has four dispensaries. Relatively few crimes other than at Ieast two burglary attempts. Most of the complaints came to the council via citizens regarding quality of life issues i.e. loitering, traffic and use of marijuana in or near the dispensaries. July 7, 2005. The director of Aitemati.ve Specialties dispensary, charged by feds following raid by Sacramento County Sheriff that uncovered two indoor gardens with an alleged 800 plants. Sheriffs say the subject had a criminal record for embezzlement and. failed to file for a business license. He was charged with the manufacture of. marijuana and illegal possession of weapons. {Source http•//www canorml or~lnews/fedmmicases.html) SAID DIEGO Dec i2, 2005 -Interagency task force raids 13 of 19 San Diego dispensaries. Task force led by DEA with state police. Raids conducted under state, not federal search warrant. No arrests, investigation ongoing. (Source httt~•//www canorml ors/news/fedmmicases.html) July 7, 2006: Medical marijuana dispensaries charged with drug trafficking ALLISON HOFFMAN Associated Press Federal prosecutors accused six people Thursday of illegally trafficking pot under the cover of California's medical marijuana laws - in some cases processed into baked goods, "Reefer's" peanut butter cups and "Sptii" peanut butter. Federal and state search warrants were executed at more than 11 locations throughout San Diego in a morning raid, and at least five people were arrested, authorities said. Federal charges were expected to be filed Friday, according to U.S. Attorney Carol Lam. 19 75A-28 "They made thousands of dollars every day," Lam said. "Their motive was not the betterment of society. Their motive was profit." One federal indictment accuses John Sullivan, 38, of growing more than. 100 marijuana plants for distribution. and distributing marijuana or processed marijuana-based goods from his two dispensaries, the Purple Bud Room in Pacific Beach and THC in San Diego. Five managers of the Co-op San Diego were indicted separately on similar allegations. Wayne Hudson, 42; Christopher Larkin, 34; and Ross McManus, 39, are alleged to have distributed marijuana products through the co-op. Scott ~~~right, 40, and A~Iichael Ragin, 34, are accused of growing hundreds of plants for the co-op at their homes. Messages left at the dispensaries were not immediately returned. Also, the San Diego County District Attorney has filed state charges against one of the men named in the federal indictment and nine others for selling marijuana and possessing marijuana for sale. State charges were filed against Sullivan's THC dispensary and four other independent operations in San Diego. Prosecutors alleged that these dispensaries sold. marijuana or marijuana-based products with little concern for legitimate medical need. "The party is over," District Attorney Bonnie Dumanis said at a news conference with federal prosecutors. She added. that Proposition 2i5, the ballot measure that legalized marijuana for medical purposes, has been "severely abused by neighborhood pot dealers opening up storefronts." Complaints from residents living near dispensaries precipitated an investigation beginning in September 2005 by the Sa11 Diego police, the county sheriffs department, the Drug Enforcement Administration, Dumanis said. Dumanis said that her office has "no intention" of preventing people who suffer chronic illnesses like AIDS, glaucoma or cancer from using medically prescribed marijuana. to ease their pain. But San Diego County has fought an ongoing battle to limit the impact of the medical marijuana law, which was approved in 1.996 by 55 percent of voters. San Diego has ignored a state requirement drat counties issue identification cards to registered medical marijuana users and maintain a registry of people who apply for the cards. In December, county supervisors sued the state of California and its director of health services in federal court, saying federal law that prohibits marijuana use trumps the state law. The county moved. that lawsuit to state court in February to avoid bringing the case to the 9th tJ.S. Circuit Court of Appeals, which has sided in recent rulings with medical marijuana supporters, That suit is still pending. The men indicted by the federal grand jury face a maximum of 40 years in prison and $2 million u~ fines for each of the allegations listed in the indictment, authorities said.. The San Diego County District Attorney's office released a complaint sent last week to the state medical. board against four physicians alleging that they wrote "recommendations" for medical marijuana use -doctor's notes required by state law - to apparently healthy individuals. (Source: Http://www.mercurynews.com/mld/mercurynews/news/breaking news/ 149823 95.htm) City hopes to close legal pot dispensary July 8, 2006 By Linda Lou UNION-TRIBUNE STAFF WRITER SAN MARCOS - An existing medical-marijuana dispensary here survived a City Council vote in February that banned any more dispensaries from opening. 20 75A-29 It was able to receive a business license because it called itself a nutritional supplement store, city officials said. But the dispensary's ability to remain open is now uncertain. On Thursday, local and federal law enforcement officers went to the storefront on Rancho Santa Fe Road and. seized ala of the marijuana and products laced with the drug's byproducts as part of raids of dispensaries countywide. Now the city is intent on shutting dov<m the business, run by Legal Ease Inc. of San Diego, because it's been burglarized several times since the council's vote, said City Manager Rick Gittings. The city contends it's a threat to the com!nunity's health, safety and welfare, violating the provisions the city imposed in Febniary when it allowed the dispensary to stay open, Gittings said. The concept of providing medical marijuana to patients who really need it has good intentions, but as indicated by state and federal prosecutors this week, medica] marijuana dispensaries are fronts for drug peddling, Gittings said. Recently, Legal Ease asked the city to transfer its business license to a new location on Grand Avenue. The city rejected the request in a letter sent to Legal Ease last month. The letter said that another business near the dispensary's current location was burglarized because it was mistaken for the dispensary. The letter also said Legal Ease had failed at least once to submit security tapes of its premises and has failed to reveal what was stolen in the burglaries. Though the letter didn't say the city wanted to close the business, that conclusion is "painfully obvious," Gittings said. City officials will meet with Legal Ease's representatives next week to discuss the situation, he said. Gittings said he doesn't know when the dispensary would be closed. When reached earlier this week, Heruy Friesen, Legal Ease's attorney, said that he hoped to clear up any miscommunication with. the city. Iie said he thought the new location would be approved, based on discussions with representatives from the Sheriff Department's San Marcos substation and the Fire Department. Sgt. Gary Floyd, supervisor of San Marcos' street narcotics and gang unit, said he's not aware that Legal Ease had talked with the Sheriff's Department about relocating. He said that after some recent early-morning burglaries, the dispensary installed roll-up metal security covers over the door and window because thieves had smashed the glass to get inside. In Thursday's raid, dozens of candy bars and cartons of ice ereatn containing THC, a marijuana byproduct, were confiscated, Floyd said. Bags of packaged marijuana and larger bags of the drug used to refill. the smaller ones were also taken, he said. No one was arrested. In December, a federal dnig agent said he was able to purchase marijuana at th.e site with a forged doctor's recommendation. (Source: http://www.signonsandiego.com/news/northcounty/20060708-9999- l mi8smmari.html) SAN FRANCI80 May 1.4, 2005--.In a daring home-invasion robbery at around l OPM, the house of the owner of Alternative Health and Healing Services at 442 Haight St was robbed of several pounds of cannabis and the dispensary keys. Details are sketchy, but it is believed that the robbers burst into the owner's home at gunpoint. More on this story as details are known. (Source) http://www.hempevolution.org/the/dispensary robbed04051.4.htm 21 75A-30 June 23, 2005 3 S.)~. pot clubs raided in probe of organized crime Modica] marijuana dispensaries used as front for money laundering, authorities say. Federal authorities raided three San. Francisco medical marijuana dispensaries Wednesday, and investigators arrested at least 13 people as part of an alleged organized crime operation using the clubs as a front to launder money. Agents seized marijuana and other items from two cannabis clubs on Ocean Avenue in the Lngleside district anal a third on Judah Street in the Inner Sunset district. The raids were the first in the Bay Area since the U.S. Supreme Caart dealt a bi_ow to the medical marijuana movement two weeks ago by ruling that the federal government had the authority to prosecute people whose activities are legal under state law.....Twenty people were charged in an indictment that federal authorities planned to unseal. today. Authorities would not comment on the specific allegations against them. Authorities said.....that the operation controlled at least 10 warehouses where marijuana was grown in large quantities and that those involved were bringing in millions of dollars. One warehouse in Oakland that federal agents raided earlier this month was capable of growing $3 million worth of marijuana annually, investigators said. The marijuana ostensibly was for cannabis clubs, but the amount being grown was far more than needed to supply the dispensaries, authorities said. (Source) http://wwwafgate.comJegi- bin/article. cgi?file=/c/a/2005 /06/23 /MNGRODDG321.DTL. Dec. 20, 2005 - DEA raids HopeNet Cooperative after first raiding home of HopeNet directors Steve and Catherine Smith. No arrests. Agents seize cash, medicine, a few hundred small indoor plants, mostly cuttings and clones. (Source) http://www.canonnl.org/news/fedmmjcases.html June 27, 2006: Medical marijuana dispensary robbed during S.F. Gay Pride Parade Adam Martin San Francisco Examiner Thieves apparently took advantage of Sunday's 36th Annual San Francisco Gay Pride Parade and Celebration to commit this year's second robbery of a medical marijuana dispensary. According to police and the club's proprietor, two men entered Emmalyn's California Cannabis Clinic at 1597 Howard. St. about 1:30 p.m. Sunday. They held up the clerk and stole cash and inventory while most of the staff was handing out fliers at the Gay Pride Parade. Sunday's holdup marked The City's second pot club robbery of the year. The Purple Heart dispensary at 1326 Grove St. was robbed Feb. 3, San Francisco Police Lt. John Loftus said. There were four such robberies in 2005, Loftus said. Loftus said clubs are attractive to thieves because "it's a big cash business, and marijuana is expensive." He said that so far, none of the victims with whom the department has worked has been able to recover their inventory. Emmalyn's proprietor John Baumgartner said he and his staff felt safe in their trade until Sunday. "We never felt threatened," he said in an interview Monday. "We usually have two people on duty. Because of the gay pride day, I happened to be out with other staff passing out fliers and left one person in the store. We left ourselves open." The two m.en who robbed the dispensary had been in about an hour prior to the crime and bought some marijuana. 22 75A-31 When they returned, Baumgartner said, "they put a gun to my clerk's head, had him ]ie down on the floor, then they robbed him and the store. They took everything in the place. They emptied out the cash registers and the counters." Baumgartner said the club will remain closed for the near future while he upgrades security. "They took all the inventory 1 had.," he said, but. he said the crime was captured on security cameras, whose tapes will be reviewed in the investigation. (Source) http://www.hempevolution.org/media/examiner/e060627.htm SAN JOSE Murder in a Head Shop Will David Gruz's killer ever be found? By William Dean Hinton. ON MAY 10, right around 8:30pm, Jonathan Cruz dropped in on his brother at the Rainbow Smoke Shop on West San Carlos Street...... About. half an hour later, Jonathan left his brother, who was preparing to close the shop and head over to the Rainbow owner's home for dinner that night. What happened next is still somewhat of a mystery. Shortly after Jonathan departed, someone walked into the shop and killed David Cruz with a single bullet wound to the back of his head, just above the left ear. No money was taken. from th.e register, and the store wasn't ransacked. When the owner, Suzie Andrews, was allowed back inside, a month. after the shooting, everything appeared to be normal except for the bloodstain in the doorway leading to a small body-piercing room. The killing was essentially the end of Andrew's shop. Aftex 10 years as owner, she was afraid to be in her own store. She began carrying a .38 with hollow-point bullets and closed the Rainbow's doors two hours earlier than before David's death.. She finally closed the business permanently on. New Year's Eve, sticking the remaining bongs, handpipes, hookahs, T-shirts and pons tapes into storage, where they might eventually be sold on eBay. David Cruz's killer, meanwhile, has never been identified.. Police can usually determine a murder suspect within 48 hours of a shooting, even if they're unable to apprehend h.im. The Cruz case is approaching the nine month mark with no credi.bie theory why David was shot. (Source http://equalrights4all.us/content/view/192/50/) SAN LEADRO San Leandro does not have any MMJ Dispensaries within their City Limits. They do however have employees of MMJ Dispensaries from other jurisdictions living in their city. June 19, 2005: Suspects enter an unoccupied residence of a MMJ Dispensary employee taking jewelry and $10,000.00 in cash. June 28, 2005: Suspects retun~ to the same residence and begin to force entry when they are confronted by the resident and flee before any loss is sustained. September 20, 2005: A receptionist of a MMJ Dispensary was accosted by a lone suspect as she walked from her vehicle to her house. The receptionist was able to get into her home and call police before the robbery was completed. 23 75A-32 October 26, 2005: A Detective on routine patrol observes a suspicious circumstance and stops two subjects. The stop results in the arrest of the subjects for robbery and possession. of stolen property. The house the suspects were watching was the home of a MMJ Dispensary employee. December 19, 2005: The same receptionist (9/20/05 event) is robbed as she walks from her vehicle to her home. The suspects took a bag containing receipts from the MMJ Dispensary (Paperwork only, no cash) (Source Mark Decoulode San Leandro PD) SANTA CRUZ Four men sought in home robberies Santa Cruz Sentinel. Santa Cruz, CA Dec i 3, 2004 -- Santa Cruz Police are asking for the public's help in finding four arnled men who took marijuana grown for medicinal uses and electronics from two separate houses on Clay Street. Around 1 a.m. Sunday, a white, Asian and possibly two black males -all wearing masks and dark clothing -broke into two residences, rounded up their tenants, held them at gunpoint and ransacked their homes, all while demanding drugs and cash. Two of the victims were battered during the robbery, resulting in minor injuries not requiring hospital treatment. One of the suspects fired a single shot from a handgun when one of the victims tried to escape. No one was shot. http://www.hempevolution.org/media/dail y_review/dr050824.htm SANTA CRUZ COUNTY Capitola 2004: Three suspects entered the victim's home armed with a handgun in search of the residents MMJ grow. The resident and two guests were ordered to the floor. During the robbery the resident was shot and stabbed but managed to fight off the suspects who fled prior to the arrival of the responding Deputies. Live Oaks October 1, 2005: Four suspects attempted. to conduct a home invasion robbery of a home cultivator of MMJ. The homeowner fired a shotgun at the suspects who fled and were later captured by police following a vehicle pursuit and crash. Ben Lomond March 5, 2006: Two suspects who identified themselves as "Police" forced their way into the victim's residence. The victim was assaulted, robbed and left tied up in his residence until the next day when he was discovered. Subsequent investigation revealed that the motive for the robbery was the victims MMJ supply. SANTA ROSA May 29, 2002 Federal agents raided a medical marijuana buyers club here Wednesday and arrested two people. A U.S. Drug Enforcement Administration. spokesman said two addresses were searched, including the club near downtown. 24 75A-33 Marijuana, cash, a car and a weapon were seized. Authorities declined to identify the arrested pair, saying all information about the case was sealed by a federal judge. (Source) http:/icannabisnews.com/news/1.2/threadl2999.shtml September 29, 2004 The father of the owner of a MMJ Dispensary was followed home from the dispensary and robbed at gunpoint in front of his residence. The owner of the club believed that his business was being "cased" and that "further robberies were eminent. ' January 25, 2005 Suspects force entry into a closed MMJ Dispensary and burglarize the business taking three pounds of Marijuana and cash. March 3, 2005 Suspects forced entry into a MMJ Dispensary a. stole a laptop computer, Marijuana and smoking paraphernalia. April 15, 2005 Employees of a MM.J Dispensary were robbed by a suspect armed with a shotgun as they were closing the business. The suspect stole a "duffle bag" of Marijuana. April 18, 2005 Suspects forced entry into a closed MMJ Dispensary and stole a digital scale. April 19, 2005 Suspects forced entry into a MMJ Dispensary and stolen one half pound of marijuana. Mar 17, 2006 Suspects forced entry into a closed MMJ Dispensary, loss unknown at this time. (Source) Lt. Briggs Santa Rosa P.D. The Vice unit has been involved in the investigation of the following MMJ Dispensary related crimes; A homicide, during a residential robbery where the suspects sought Marijuana cultivated for a dispensary. • Four residential robberies, where the suspects sought Marijuana cultivated for a dispensary. • Twelve cases where individuals were cultivating Marijuana for dispensaries, but were found to be operating outside MMJ guidelines and in a "far profit" status. Each of these cases resulted in the arrest of the cultivators and disposition is pending. • Instances where undercover officers have found subjects buying Marijuana from MMJ Dispensaries under the guise of MMJ and then reselling the Marijuana to non MMJ users. (Source} Sgt. Steve Fraga Santa Rosa P.D. 25 75A-34 SONOMA COUNTY A subject was arrested May 9, 2001 while growing for himself and other patients; convicted by a jury of cultivating more than 100 plants on Feb I1, 2002; sentenced to S yrs probation; He was re-arrested July 31, 2002 for cultivating while on probation. Convicted and sentenced to 44 months for growing 920 plants Dec 19, 2002. Released on bail April 2004; awaiting sentencing post-Raich 2005. The proprietor of Genesis 1:29 club in Peta1_uma was arrested Sept 13, 2002. Agents uprooted 3,454 plants at the drib's garden in Sebastopol. The suspect pled guilty July 2003; sentenced to 41 months, July 2005. Infonnatian provided by: (Source) http•//www canorml or~lnews/fedmmicases.html Friday, February 17, 200b at 12:13, PM Commercial marijuana operation shut down. Un 2/16/05, the Sonoma County Narcotic Task Force, SCNTF, anal the County of Mendocino Marijuana Eradication Team, COMMET completed an investigation involving alarge-scale commercial. marijuana growing operation.. At the first residence on Little Creek Rd., agents located a marijuana growing operation where "starter" plants were being cultivated. These plants would eventually be moved to the larger grow rooms as they matured. As agents collected evidence, Kenneth D. Brenner, 57 yrs, of Annapolis arrived at the residence. When agents contacted Brenner, they located grow equipment in the bed of his truck. He was detained and returned to his residence. At Brem7er's residence, agents seized numerous firearms. Agents also seized an AIC47, a Colt AR 15, and a .308 sniper rifle. Additional documents linking Brenner to the growing operation were seized. The indoor grow operation included 4 buildings which were located approximately a quarter of a mile off Annapolis Rd. in the thick brush.. The grow buildings ranged from 100'X 30' to 30'x 20'. The buildings were constructed of plywood, with the exteriors painted black, and concealed under the thick canopy of trees. The plants were growing in a hydroponics type system, under approximately 120 high intensity lights. The lighting equipment alone is valued at $48,000.00. Agents located a camouflaged, insulated concrete bunker which housed a 125KW diesel generator. This generator was seized and valued at approximately $75,000.00. The total number of plants was approximately 1700. Agents determined the plants when harvested would yield approximately SO pounds of marijuana. The marijuana would have a street value of $150,000.00. As agents continued their searching, they seized over 3,000 live rounds of ammunition in one of the grow buildings. The ammunition. matched the same type of assault rifles seized at Brenner's residence. Agents then discovered numerous metal military type ammunition cans hidden u1 the area. When the cans were opened, the agents discovered 22 solid bars of silver, and antique silver coins. The bars each weighed 9ozs., with an estimated value of $30,000.00. The Drug Enforcement Administration was contacted to consider the adoption of this case on a federal level. Mr. Brenner was released at his residence. The case will be under further review by the United States Attorn.ey's Office. For further information contact Detective Sergeant Chris Bertoli at (707) 565-5441. Prepared by Detective Sergeant Chris Bertoli. 26 75A-35 Thursday, January 5, 2046 at 1.2:18, PM $604,000 in marijuana seized. On 1/4/06, the Sonoma County Narcotics Task Force completed a three month investigation involving the sales of methamphetamine in the City of Cloverdale. Through the use of undercover purchases, Task Force Agents identified a residence on South Cloverdale Boulevard as the source of methamphetamine. When agents served a search warrant at the residence, they located 2l2 pounds of manicured marijuana. The marijuana had been concealed in various locations on the property. Along with the marijuana, agents seized a Half ounce of "crystal" methamphetamine; ascale; packaging material, and pay/owe records. As agents continued their search, they located an AK-47 assault rifle with 3 fully loaded 30 round magazines next to the rifle. A stolen sawed-off 12 gauge shotgun, 2 additional rifles, and one loaded semi-automatic handgun were also located in the same location. While searching the residence, agents encountered three ch.i dren living at the residence with their parents. The ages of the children. were 6;7, and 8 years. As agents searched, they discovered approximately 3 pounds of marijuana within the same room as the children were discovered sleeping. The estimated street value of the marijuana is $636,000.00 dollars. The rnethamphetamine is valued at $450.00. For further information contact Detective Sergeant Chris Bertoli at (707) 565-5441. Prepared by Detective Sergeant Chris Bertoli. (Source www.sonomasherif£org) TEHEMA COUNTY Two subjects were indicted by federal grand jury on Jan 8, 2004 after trying to assert medical marijuana defense in. state court. Arrested with l OOs of small seedlings, 33 tnature plants, and a few pounds of processed marijuana in Red Bluff and Oakland. Defendants say they were fox personal. use. The Tehama DA turned the case over to the feds while pretending to negotiate a deal with their attorneys. Denied a Raich defense by Judge England. (Source) ttttp://www.eanormi.org/news/fedmmjcases.httnl TRINITY COUNTY A subject and his wife were arrested in 2003 for a sizable outdoors grow; they were re- arrested the next year after deliberately replanting another garden ira public view. While awaiting trial, they were arrested once again, this time for a personal. use garden of approximately ten plants. {Source) h.ttp://www.canornl.org/news/fedmmjcases.html. TUSTIN After a MMJ Dispensary opened, undercover officers conducted an investigation in the business. During the service of a search warrant, 25 pounds of marijuana was seized and the dispensary was shut down. The District Attorney still has not made a decision as to whether to file charges or not. (Source) Scott Jordan Tustin PD 27 75A-36 UKAI;FI Over the last four years, the City of Ukiah has experienced an increase in crimes related to the M:MJ Dispensaries. They are four Dispensaries in town as well. as several. citizens growing Marijuana for the purpose of providing Marijuana to dispensaries. There have been. approximately ten robberies of either dispensaries or private grows. Some of these robberies have resulted in shootings. There has also been an arson of a dispensary which the police department believes was the result of a dispute with a customer. (Scarce) Det. Guzman Ukiah P.D. Ukiah Daily News An arson fire burned the Ukiah Cannabis Club Saturday morning, causing extensive damage and blackening neighboring structures as well. A man who told The Daily Journal he was upset with the Ukiah Cannabis Club, claiming club members owed him money for the crop of marijuana he grew for them, was arrested at the scene.....The man in the back of the store, later identified as William 1-Toward Ryan, 51, of Willits, telephoned UPD dispatch, saying he was armed and that he would. shoot anyone coming to get him. Officers and firefighters heard muffled. shots from the interior of the store.... Ryan. was arrested on charges of arson, burglary and possession. of hashish. He was interviewed by The Daily Journal. just days ago when. he claimed he was going to sue the Ukiah Cannabis Club for die money he says he is awed. Same witnesses said they saw Ryan enter the building with what looked like grenades strapped to his body. There were also reports the suspect carried a weapon, though that was not corroborated by police. A spokesperson for the Forest Club said the bar would be closed. for a short time only. (Source http://www.hempevolution.org/medialukiah_daily_news/udn020527.htm) VENTURA Two subjects were arrested Sept 28, 2001 for cultivating for the LACRC. Forfeiture filed against their property, including home they built for themselves, in July 02. Raided again and. arrested for personal use garden of 35 plants in Aug 02; charged with cultivation. Pled guilty Sep 03. Ninth. Circuit denied appeal March 2006. (Source) http;//www.canorml.org/news/fedmmjcases.htmi CALIFORNIA CHIEFS OF POLICE The Califoi•~iia Chiefs of Police outlined their collective opinion on their web site; Law Enforcement Concerns to Medical. Marijuana Dispensaries; • It violates Federal Law • Street dealers selling at lower prices to entice patients away from dispensaries • Non-residents coming into city to purchase Marijuana • Neighboring businesses have experienced a loss of customers • Increase in unreported crime to avoid negative publicity to the Dispensary 28 75A-37 • Problem of patients selling to non-patients (similar to providing alcohol to a juvenile waiting outside a liquor store • Documented cases of robberies outside MMJ Dispensaries • Dispensaries create alternative methods to market products -such as food items called Buddafingers, Munchy Way, Rasta Reese's and Puff-a- Mint Pattie • Complaints from patients that other illegal drugs are being sold at the dispensary • Marijuana dispensaries perpetuate asub-culture that openly supports behavior consistent with criminal activity and publishes instructional material on th.e web. Examples include: 1. Assume you are under surveillance if you are in any way involved in providing medical marijuana to patients. 2. Do not discuss sensitive matters on the phone, through the mail, by e-mail, or in you home, car, dispensary collectives or office. 3. Don't gossip, brag or ask for compromising or unnecessary information about medical marijuana operations and activities. 4. You. should be cautious of theft. Many patients and care providers have been robbed because the wrong person knows sensitive information • Management from an established dispensary told police that they cannot keep the criminal.element out. CALIFORNIA NARCOTIC OFFICERS ASSOCIATION Agents have conducted sting operations on web sites such. as "Craigslist" and. recently conducted an investigation which resulted in the arrest of a subject for the sate of three pounds of marijuana as well as possession of an additional four pounds. This subject was an employee of a local MMJ Dispensary. In atl of these communities, law enforcement leaders were concerned with the impacts to the .public health, safety and welfare by the commercial marijuana dispensing enterprise. All wished that they dial not exist in their community. The trouble seems to occur when a large number of marijuana users, legal (under State law) and illegal gather at one location making them. easy targets for illegal drug dealers; those freelance illegal drug dealers who are trying to recruit individuals with a doctors recommendation to legitimize (under State law) their sales and possession; and those who wish to prey upon the ill to steal their marijuana. This is compounded by the vast amounts of cash and little or no oversight of the processes of prescription, procurement and sales of MMJ. Al.l of these impacts are avoidable if the commmercial marijuana dispensing business were not allowed to locate in our community. 29 75A-38 Medical Marijuana Doctor's Another area of contention is the apparent lack of oversight regarding who receives a physician's recommendation for MM7 and the process in doing so. One doctox who is touted as a "MMJ Doctor" is a practitioner in the City of El Cerrito. It is reported that our iota] doctor has issued over ten thousand recommendations for MNi7 in th.e ten years since Prop. 215 was enacted in 1996. Research on the internee has revealed that the cost to patients to receive their initial recommendation ranges from 5125.00 to $250.00. If these fgures are accurate, this ene doctor has made $1,250,000 to 2,500,000 over the past ten years just in issuing MMJ recommendations. These recommendations have to be renewed every one to two years at the cost of $50.00 to $1.00.00. This same doctor has repeatedly been the target of investigations regarding his practices related to MMJ anal is currently on probation with the Medical. Board of California as a result of investigations into 47 complaints, all of which were refereed by law enforcement or district attonieys. And this is how his web site explains this; Medical Board of California v Tod H. Mikuriya, M.D. Since 1993, the Medical Board of California have had various ongoing investigations into Dr. Mikuriya's use of cannabinoids in his medical practice. Beginning in 1993 witih aural county probation officers turning him in to the medical board for prescribing 1vlarinol to probationers. The initial investigation resulted in a letter in Dr. Mikuriya's file. With the passage of the Compassionate Use Act of 1.996, outlying Sheriff Deputies and District Attonzeys began flooding the Medical Board with bogus complaints. Nearly 50 complaints were filed, none came from patients, health care professionals or patient families--none alleged any harn~ to patients. The medical board. initiated multiple investigations. In 2003 Dr. Mikuriya had a hearing in front of an Administrative Law Judge which resulted in the worst of the allegations being dismissed. (Dismissed charges included unprofessional conduct and incompetence.) However, Dr. Mikuriya was convicted for negligence and failing to keep adeduate records. Ln April. of 2004 he was placed on probation. which includes a practice monitor, cost recovery ($70,000), and various other indecencies. Appeals of all charges are pending and continue. This page and the associated Links contain all of the legal documents in this matter, as well as interpretations of why it occurred and the politics that surround it by Dr. Mikuriya. All. of. these materials are being made available to the public and any interested party as a means for Dr. Tod to show that this entire production was--and remains--a political. action and has nothing to do with patient care and/or harm. (Source: http•//www.mikuri.ya.com/) Another interesting concept is that even the doctors involved in this industry appear to do a "cash only" business. This is from Dr's Ellis' site; http•//www potdoc comlProfilePase.html Occasionally the office will. be closed due to Dr. Ellis' outside schedule. You must call to schedule an appointment to see Dr. R. Stephen. Ellis,lVlD (CA License # G-40749}. We are not a referral service for medical marijuana doctors in your area. We are a medical clinic with one medical doctor located in San Francisco, California. 30 75A-39 We can see patients living anywhere in the State of California in our medical clinic located in San Francisco. A Prop. 215 recommendation written from our office is good anywhere in th.e State of California. We will ultimately require confirmation of your diagnosis from your MD (or DC, DPM, or DDS as appropriate). We work with our patients to develop appropriate case documentation as per the routine standards of medicine -the only acceptable standard of valid legal protection a 'Prop 215' recommendation can. provide. Please bring an official picture ID for proof of 1D and age. A? L patients (and any caregivers) MUST be at least 18 years of age and no longer attending high school. Exceptions in extreme cases can be made, so please feel free to call and discuss your situation. The Initial New Patient Physical Exam and Evaluation with Dr. Ellis is $250.00 total if you qualify and a recommendation is issued. There is an initial interview with Dr. Ellis to see if you qualify and the cost is included in the $250.00 new patient total fee. All patients that we wilt be able to assist then continue to undergo a physician performed medical history and physical exam as part of the initial visit. Those patients that we will not be able to help are immediately refunded all but $25 (for pre-screening assessment) of th.e total $250 new patient fee. The $250 new patient fee includes all follow=up visits needed as well as associated administrative services for the entire initial 6 month period. New Patients are covered for up to six months with their initial letter of recommendation. Once you are an established patient (six months after your initial visit), expired letters can be re-issued if the condition is still valid. You. must see Dr. Ellis at a scheduled appointment in person in order to have an expired Letter re- issued. Unfortun. ately, recommendations /physician statements can not be issued by telephone or mail at this practice. Any available updates to your medical records from your doctors confirming that your diagnosis is still valid are expected (and MAY be necessary) to complete the renewal process. The office visit and exam fee for established patients is currently $125.00 and any includes and all. follow-up visits needed as well as associated administrative services for entire 1 year period. Established patients recommendations can be issued for up to one year duration as indicated. Due to potential patient privacy issues, all. fees are due and payable in full in CASH ONLY at the time of your visit. Patients are to bring the entire $2S0 payment at then initial visit. Multiple banks and A'fMs are in the immediate vicinity. The San Francisco Clinic is very conveniently located in downtown. San. Francisco in the 450 Sutter St. Medical Building (Suite # 1415}, between Stockton and Powell Streets, just one block I~~ortla of Union. Square. We are a short walk from Powell. Street Station for convenient BART J MUNI (and hence SFO, OAK, & Cal Train) access from all of California. Multiple non-validated parking options on-site and very nearby. Call for simplified directions. Practice Profile page updated on February 27, 2006 This is what one reporter has to say about Dr. Ellis; Doctor's orders: Get high A trip into the rt~edical marijuana dexni~nonde srnol:es out An~e;rica's confusion about drugs, pleasure anti rr~aa-ality. By Chris Colin 31 75A-40 Jan. 31, 2001 ~ SAN FRANCISCO -- To get pot, you can stand on 16th and Mission and wait for someone to approach you, and wander if he's a cop, and wonder if he's gain.g to rob you, and wonder if his pot is laced with strychnine. Or you can. have a dull pain in your right ear. In a green box on the back. page of the San Francisco Bay Guardian, Dr. R. Stephen Ellis advertises medical marijuana. physician evaluations for just about anyone. The ad contains no explicit offers or promises, just a list of symptoms that presumably qualify one far legal pat: "A_norexia ... chronic pain.... arthritis ... migraine, o_r ANY other condition for which marijuana provides relief." This is from California Health & Safety Code 11362.5, implemented after California passed Proposition 215, also known as the Medical Marijuana/Compassionate Use Act, in 1996. In case his point is unclear, the ad goes on to interpret "ANA"': asthma, neuropathy, HIV discomfort, constipation, old injury pains, etc. At the bottom, boldfaced, underlined, i.n caps, we're reassured: "It's TIDE LAW!" lvly ear hurts, I tell the assistant over th.e phone. He tells me to bring $200 cash. No check or credit card'? I ask.. Cash, he says. Ellis' office is at the end of a long, dark corridor in a tall building next to a fabric store. The $200 cash does not go toward interior decoration. A cardboard sign with Ellis' name is taped to the glass on the wood. door, which appears to be a good 50 years old. This is medical marijuana nair. That Philip Marlowe isn't smoking a cigarette on the other side seems to be a miscalculation on the director's part. Not that the other side isn't dark. In the grimy waiting room, which is just a little bigger than a glass of whisltey, si.x toed men. in plastic chairs take their- eyes off the linoleum only briefly. "I have an appointment," I say to Ellis' assistant behind the window. He's young, wearing a sweat. shin. "Have a sea.t," he says, banding me a clipboard. There shouldn't be enough room for two camps in the tiny room, but the six patients manage to segregate themselves. To my left are the ill; three men between 35 and 54 sink into their chairs and stare at things in the floor that I can't see. Their eyes are glassy, and two of their Beads are chemo-bald. To my right are three young men, none over 22 surely. They slump too, but with attitude, not sickness. They have baggy jeans and each has acne. The young camp looks at its shoes. The man directly to my left says he has glaucoma. He's grumpy about waiting. The man to his left says he's new to medicinal marijuana and is shaking and giddy. The roan to his left sells sports tickets for a living, and is doing so on a cell phone, apparently unfazed by his circumstances. The grump beside me is New Agey and shakes his head whenever the cell phone rings. To my right are frauds. "I hurt my back playing football," the bi.g one next to me says. He grins conspirarorially, as if he's never touched a football in his stoner life. Across from us a raver taps his toes. He grins, too, when I make eye contact. The surfer next to him grins too. "I better get this before my man Note's party Friday," he says to no one in particular. How long does it take to get the prescription filled?" I ask. "My other friend got some from a San Francisco dispensary two days after his evaluation," he says. I wonder how many scammers it would take to undermine tl~e medical marijuana cause. (This line of thinking is a vector from the anti-pot camp's faulty premise; penicillin. would never be criminalized just because some people were smoking it on Friday nights.) And while it's entirely possible that none of these guys will leave today with a prescription, the quiet raver does eventually have his appointment and walk out with a thumbs up. He directs the thumbs up at me. It's assumed I'm in the fraud. boat too. 32 7 5A-41 To me, it's unclear what boat I'm in. My ear does hurt. I've considered cutting my head off and throwing it in the ocean. The pain is intermittent, and in fact I haven't had any for weeks, but when it's around, I would smoke medicinal cxack if it did. the trick. Normal doctors and two specialists were no help. It's not an infection, we have determined. I got hit with an oar once, I always offer. The doctors and specialists nod. So I have chronic pain but not glaucoma and consequently suffer a faker's guilty conscience. Not that fakers are taking pot from the legitimately ill -- there's plenty to go around. Still, I don't know vrhere I belong, waiting room-~xlise, and keep myself between the ailing and the insincere. Uncertainty emerges later as a motif in the medical marijuana universe, but for now, I'm being called into the examining room. Ellis joins me in the bare room, slight, friendly and rushed. He seems breakable. He also has the air of celebrity, probably because he's the only man many people know who can. legalize pot, albeit one smoker at a time.l-Le talks fast, like someone who either has been in an )/.R. for years or has a line of patients out the door, each with a wad of cash. He takes my money and puts it in his pants pocket. "My ear hurts," I say, and I explain the pain. My honed explication of the problem doesn't seem to interest him. He interrupts after a minute, telling me to take my shirt off so he can use his stethoscope. 'fhe checkup is rudimentary. He hears my heart. He takes a peek at the bad ear. I-le looks into my eyes. 1 offer my oar theoxy. There's a brief, touching moment where he pats my arm, not weirdly, and then he's signing his recommendation. For the next 12 months, I'll be a legal medical marijuana smoker. I'll be a legal. medical marijuana smoker in California, that is. California may have approved Proposition 215 four years ago, but 215 has yet to be reconciled with federal law, which still classifies marijuana as an illegal narcotic. There is no consensus on how to interpret the ambiguity. California's medicinal marijuana proponents say medicinal marijuana is protected under law. The police, depending on the county, generally don't arrest smokers who have a prescription, except when they do. Courts often drop cases, depending on the judge, or how a jury might respond. Federal authorities generally say let's wait for the U.S. Supreme Court. Th.ey're referring to the long-anticipated ruling, which is likely to come down this summer. In September 1999, the 9th. U.S. Circuit Court of Appeals ruled that "medical necessity" justifies violation of federal distribution charges. The Clinton administration asked the Supreme Court for an ezner~en.cy order to stop the Oakland Cannabis Buyer's Club from selling pot. The order is temporary, and this summer the court will issue a final ruling on whether federal law permits the medicinal use of marijuana. It will be a significant ruling politically -- a verdict against 215 and similar measures would be a verdict against states' rights, typically a Republican. cause -- but the efficacy of any ban on medical marijuana would be dubious. It can't overturn California's 215, or the medical marijuana laws in the seven other states that have passed them. Likewise, state and local police can't be forced to enforce the federal laws. .Discerning any trend in the response to the medical marijuana question is difficult. In January, charges were dropped against Robert Voelker, a Merin County man found growing l 9 pot plants adjacent to his trailer home. Merin Superior Court Judge Verna Adams ordered the confiscated plants returned to the man, according to the Merin Independent Journal_ Given the physician's recommendation. that Voelker subsequently obtained, it seemed no jury would convict him. Other "legal" users don't get off as easy, and the pro- pot groups all have stories of various authorities flagrantly disregarding medical marijuana Legislation. 33 75A-42 One Web site devoted. to Proposition 2l 5 contains a letter sent by senior U.S. Customs inspector Mark Johnson to amarijuana-prescribing doctor in July 1998: "As a reminder you may want to tell your `patients' that although they may have received a'prescription' for marijuana from your office it will hold. no weight as far as federal or state laws are concerned. Such was the case a few days ago when. we confiscated less than. a gram of marijuana from one of the people who had put their confidence in you ... This was a stiff S5b0 lesson for someone who probably couldn't afford it, but erroneously placed their trust ii, yeu." There remains corfusior. at the medical_ level, too, but nothing like there used to be. Plenty of doctors maintain that pat's a damaging and addictive narcotic, but more anal. more point to studies confirming its medicinal value. In November, for example, BBC News reported that 80 percent of doctors in the United Kingdom woui.d prescribe medical marijuana to patients with serious illnesses if they were allowed to, according to a study by Medix UK, a Web site for doctors. if statistics like those from the Medix survey are surprising, it's because the evolution of thinking within the medical community has been undermined every step of the way. Even Drug Enforcement Administration administrative law Judge .Francis Young's 1988 acknowledgment that pot "has a currently accepted medical use in treatment in the United States for nausea and vomiting resulting from chemotherapy treatments" got buried. after a while. And of course marijuana's benefits among AIDS patients -- cannabis can help stimulate appetites, for example -- are obscured regularly by pot prejudice and AIDS prejudice. As far back as 1982, then Rep Newt Gin rg~ich wrote to the Journal of the American. Medical Association criticizing the "outdated federal prohibition" of medical marijuana, and the ,~ "bureaucratic interference tt encounters, as reported by Michelle Malkin in the Seattle Times. Sixteen years later, Malkin pointed out, Gingrich was "Speaker of a House that just declared. that marijuana contains no plausible medicinal benefits."' if doctors like Ellis eventually excuse themselves from the medical debate and start furiously signing pot prescriptions, it might be because the medical debate is stuck on repeat. None of the above -- the legal and the medical disputes --particularly matters. In the United States, medicinal marijuana still occupies a place far from the realm of reason. The terms of understanding are primitive. We rely on imagery and hysterical association to direct, and then articulate, our supporUdisdain for the movement. Like all drug debates to emerge in the past 15 years, this one is a closed system, impervious to new information. Progress occurs in spite of the alleged national conversation. Within the conversation, those opposed to medical marijuana have made little rhetorical progress since l 436's now-camp propaganda film "Reefer Madness." As few researchers will deny the drug's medicinal value, its detractors employ abstract versions of morality (it's "evil") and foresight (it's a gateway drug} to make their case. These tools interact with. the presiding convention of all drug debates -- a collective disregard of logic on both sides -- and consequently we no longer ask why pot is evil, or how we can legislate something because it might lead to something worse. (Are forks a gateway weapon.?) Those leading the medical marijuana charge can be dismissed, too: They're potheads, if there's a single obstacle to the acceptance of the drug's medicinal virtue, it's that it's fun, too. The high. that accompanies the pain relief is the un. spoken dozy conservatives can't surmount. That medical marijuana users experience this -- and perhaps even enjoy it -- diminishes their credibility. The high is distilled subversion.. What else could it represent? Like sex, religion and the red menace, its threat lies in its utter ungovernability. 34 75A-43 Transcendent or faux-transcendent experiences aren't only dismissed because they're hokey -- to some, they seem to be downright unpatriotic. Still, in spite of the noise and in between the zealots, attitudes are quietly changing. if polls are any indication, the average American is more open to the idea of medical marijuana than ever before. The dialogue has never broken free from the larger drt~ war discussion, but it has cooled off some. On a case-by-case basis, we seem to be remembering that we don't want our loved ones' chemotherapy worse than it has to be, and that in fact we, or our friend, or our aunt, has smoked quite a bit of pot for quite a long time, and nothing bad has happened yet. Getting a physician's recommendation. from Ellis may have been easy, but getting him on the phone for an interview is another story. It isn`t until a month after my visit that he agrees to talk. "What were you doing before this?" I ask. "I was at emergency rooms," he says. "Which ones?" "Various emergency rooms in the Bay Area," he says. He won't say how many patients he's seen since opening the office in July -- "let's say several. hundred," he finally tells me. Nor will he say how many are ultimately granted recommendations. Iget the impression most walk away satisfied. "What about fakers?" I want to know. Ellis assures me that fakers don't make it to the examination. room. "They realize it's a l.egititnate medical. setting and go home," he says. "They can't get in without supporting documentation." Itell Ellis that I was not asked for supporting documentation. He says he has since changed that policy, though I sense that he did so reluctantly. "We don't [require supporting documentation] in the E.R.," he says. "People come in complaining of a headache, we go over to an open cabinet and they leave with a shot of Demerol in their butt." "And. that's unfair?" I ask. "Marijuana is much more benign than conventional narcotics," he says. We talk about his history. Ellis graduated from the University of Illinois medical school at Chicago in 1978, he says. His work as an emergency physician exposed him to "a real. need" for better pain management strategies. A few seminars on medical. marijuana persuaded him to look into alternative treatments. If Ellis was uneasy at the beginning of our conversation, he's in a gallop by the end. I ask why so few California doctors are recommending marijuana for pain four years after the passage of 21.5. They re afraid, he says. They re afraid of the [California] Medical Board, and of their peers, and possibly of potential legal ramifications ... even though they're clearly protected by the law." It's the California Medical Baard that gets Ellis fired up. "They've been officially silent [on medical marijuana], but behind closed doors they've been harassing physicians," he says. "That's the bottleneck on 21.5. Patients can't get their does to prescribe medicinal. marijuana, even though. the law allows for this. In California, you. might find 1 in ],000 doctors" who would. Ron Joseph, the board's executive director, calls Ellis' charges ridiculous. "It's a nice fallback," Joseph says, "but I defy him to cite one case where the board has harassed a single doctor." As Joseph tells it, it's not the board's policy to have an official position on medical marijuana -- it would just as soon have a position on X-rays. "We don't say whether it's good or bad, appropriate or inappropriate," he says. "We simply ask, 'Has the physician applied good judgment?"' Because the board's procedure is simply to investigate a "physician's actions as they're brought to our attention [by a patient]," he says, it has no incentive to bother doctors who are prescribing marijuana. So why aren't more doctors prescribing marijuana? Joseph blames the government. "The chilling effect has come from federal [agencies]," he says. "Doctors might be afraid of losing their DEA permit" (which allows them to prescribe controlled substances). 35 7 5A-44 As for Ellis' objection to the liberal distribution of Demerol in the E.R., compared with the paucity of marijuana prescriptions in the doctor's office, Joseph. says an E.R. deserves its own standards. "It's a much different situation," he says. "There's little time to make the diagnosis [in the E.R.]. This is not the case in an office visit where the patient has the opportunity to explain his medical history." If a patient is able to obtain a physician's recommenda#i.on, he or she must next join a buyer's club. The Oak and Cannabis Buyer's Club is a mile from my house, so I swing by on a Saturday. Like Ellis' office, the OCBC is also low-rent, but it makes up for it in atmosphere. if Ellis' operation was film noir, the Co-op is Cheech & Chong plus "Beaches." The store mixes earnest compassion for the ~~ ill. with a healthy appreciation for fat, leafy weed. Inside, past the pipes and bongs and vaguely pornographic poster of a luscious green. bud, a woman at a counter sorts membership files. (The club has roughly 4,000 members, executive director Jeffrey Jones tells me later, but it's hard to count. Why? I ask. "We don't know h.ow many are dead," he replies.) The woman at the counter gives me paperwork and takes my physician recommendation, acopy of which I`d already faxed in for approval. I do the paperwork and pose for my photo and pay the fee. My $21.95 entitles me to a list of active dispensaries, support in the event of police trouble, free massages and regular cultivation seminars. Cultivation? I ask. I can grow up to 48 plants, they say --beyond that it's risky. My new member I.D. is my "shield." If a cop stops me for possession, I need only flash the card. If that doesn't work, the officer is to call the 24-h.our phone number on the back, and the club will vouch forme. "But this is legal, right?" I ask. "Weil," they reply, "yes. But call if there's a problem." I'm out in 10 minutes, but still. without pot. This is because an injunction keeps the club from. selling it. When the government went after buyer's clubs in 1948, it went after the six biggest. No attempt has been made to close the others that sprang up subsequently, Jones tells tne. And nothing keeps the OCBC from. directing the to an active dispensary two blocks away. "Wh.y did the government pick on some pot clubs and not others?" 1 ask Jones. Surely it knows about the other dispensaries. "Vdho knows?" he says. "Maybe they wanted a martyr." "But nobody's going to respond to martyrdom when it comes to getting marijuana," I say. "Then maybe we were doing too good a job helping people," he says. The unmarked dispensary two blocks away is to pharmacy as Bates Motel is to Ritz-Carlton. Metal gratings cover the windows of the ol.d building, which begs for a paint job or some dynamite work. A guard stands out front and thoroughly inspects my paperwork before sending me inside to the next guard, who also thoroughly inspects my paperwork.. Then I'm sent to a desk, where I fill out more paperwork, show my OCBC card, put a dollar in a jar and gain access to the next room. The next room is un-American. It's how Amsterdam is described among teenagers, a perversely legal assortment of illegal things: pot plants, pot brownies, pot cookies, pot seeds and, of course, pot. fLalf a mile from the Oakland. Police Department, two glass counters full of dope and a promising back raom await anyone with an OCBC card and some cash. There is no catch. I experience the brief heartbreak of poorly timed access -- this kind of opportunity would've been great back when I liked pot -- but mainly I'm glad people who need it can get it. I buy an eighth of an ounce of the good stuff, not the great stuff. It's $45. The guy behind the counter is nice like a nurse. The place isn't a neighborhood drugstore -- no matter how medicinal your marijuana, it's still pot, and pot culture is irrepressible -- but there's no Pink Floyd or opium-den decadence, either. 36 75A-45 On the wall is a mural of a s~.mny Oakland park, full of relaxed people in various stages of illness. They appear positively pain-free. The night I begin writing this article, I turn my head and the old ear pain shoots back. It's mild at first, then heavier. The pain isn't really inside the ear, but rather right where my ear hits my head. It hurts when I push on it and when 1 move. 1 decide it's time to take my medicine. l don't really get high anymore. Back when I did, I never experimented with pot's medical potential. 1 dig out a pipe and get to work. The f rst thing I do is underestimate how strong it is. I take two big hits, then sort of wally around, then take tyro more. The high is always indistinguishable from the ritual in the first three minutes, so it's a while before 1 know what's what. I sit and begin writing. 1 get up and look for something. I find. incense in a drawer and light that. I sit and. write some more. The pot is strong. My head is light, or heavy. I get up and put the incense out. A piece rolls behind the couch, still burning, and the house almost burns down. 1 find the piece. I sit down to write again and then remember to see if my ear hurts. It does. But not as much. I think. Does marijuana just make you too stoned to evaluate pain? This would be dumb. I consider Ellis. It's hard to conclude anything about him, for he's as ambiguous as every other element of the medical marijuana question. In a city of either conservative or craven doctors, he's taking a chance. Those who take chances to improve the lives of the sick and dying are heroic. But at the same time, it wasn't just the sick and dying in that waiting room. Ellis, like many medical marijuana advocates, is breathless on the subject. He perceives an injustice perpetrated by the medical establishment and by the federal government. If he`s occasionally quixotic on the issue -- the executive director of the California Medical Board can't imagine what Ellis is tilting at -- one can infer that he's either dramatic or tired of seeing people in pain. Finally, what will happen to a doctor in a tiny office who flouts federal law on the back page of the San Francisco Bay Guardian? Is he in danger? "I don't know," Jones from the OCBC had said. "Is a bug that flies into the light in danger?" Because he's working with other information, or because he's blinded by the light, Ellis himself isn't scared. "They'd be crazy if they bothered me," he'd told me, before getting off the phone to see another patient. (Source htt~//drugandhealthinfo org/pa~e02.php?ID=6) Another Doctor found through Internet research; NCit'1'}~fJ S[~~t,,~1 fJ.' weftrae5s Counsrri~nr ~ ~i,7e~na~rye A.fen~•-i^a fi:~Ii~~rrria E,icerrs6 ~A~31476 your Appointment There are four things yuu should bring with you; 1) Any paperwork regarding your condition, including doctor reports, treatment notes, and paperwork with your diagnosis. The doctor is here to give you a second opinion. Any health history paperwork helps the doctor understand what your primary diagnosis is. Our doctors are here to provide you with a second opinion, therefore you must have seen a physician recently for the condition you use marijuana to treat in order to be evahiated. 37 75A-46 We are happy to refer you to a tow cost medical clinic so that you may receive a check up. Please call and ask our office staff for the number to one of these locations. 2) Any medications or prescriptions (you may bring the bottles with their prescription labels), any supplements or over-the-counter herbs, vitamins, etc. We are interested in knowing what you regularly use to alleviate your condition. 3} Cali;orn:a Driver's License or Calif®rnia I,D• Card: You must be able to prove California residency. This is a California law. We must see a photo l.D. proving residency here in the state of California. 4 Please brin the a ro riate fees to a for ~ow• visit. At this tune our office is not acc~tink checks or credit cards If,~ayment is an issue please speak with our office staff. http :!/www, howardstreethealthapti ons. corn/ This is Dr. Milan Hopkins in Upper Lake; Are you concerned about your health and looking for an old-fashioned. doctor who will. take the time to listen? One who is up-to-the-minute on new medical developments and understands your needs? You'll. find a caring non judgmlentai doctor accepting IVIedi-Cal, Ivledi-Care, Tribal Healthcare & other types of insurance. Also included on site is Leah, a certified massage and bodywork therapist. Please call to get affordable fees {Fees based on a sliding scale). Cannabis Fees and Requirements Due to the legalities surrounding a medical recommendation for cannabis; patients are required to provide Dr. Hopkins with the following documentation: Primary Physician Information: If you have a primary care physician, we request that you discuss with him/her your desire for a cannabis recommendation. We require the name, telephone number, and mailing address of your physician. If possible please bring any medical records you. may have that would support your medical conditions. The California State Medical Board. has decreed that the physician issuing a recommendation for medical cannabis must either assume responsibility for all aspects of the patient's care, or must consult with the patient's primary physician prior to issuing the recommendation. Identification: Please bring with you some form of pictured identification. Fee• The initial consultation and recommendation fee for medical cannabis is $175.00 to be maid at the time of service (We do not except checks or bank card pavments) Six Month Check-Up: The doctor requests that his patients return ever 6 months, the fee for this visit is $60.00 to be paid at time of service. It is require by the California State Medical Board that cannabis patients be under the continual care of the prescribing doctor. Annual Renewal: Your recommendation will need to be renewed every year for $125.00 with a 6 month. check-up. If you missed your 6 month check-up it will be $175.00. http~l/www. dochop.com/ 38 75A-47 1ONews Exposes 'Marijuana Doctors' POSTED: 4:39 pm PDT July 6, 2006, UPDATED: 12:41. pm PDT .tiny 7, 2006 SAN DIEGO -- Doctors Offer Legal Pot Proposition 215 -- the medical marijuana initiative approved by voters ten years ago, has been subverted, abused and misused say law enforcement agencies our I-Team lzas spoker. with. Prop. 2'. 5 is supposed to provide seriously iL1 people access to marijuana to help relieve their pain but a l ONews investigation discovered just about anyone can get pot legally if they want. 10 News became interested. in medical. marijuana after seeing a Iarge number of advertisements for doctors prescribing pot. These pot does' ads appear every week in the San Diego Reader. Discussions with lONews sources both. in and out of law enforcement seemed to confznn a disturbing pattern of increasing sales by the pot docs as well as an increase in the number of distributors for the medical marijuana. This launched atwo-month l ONews investigation into exactly what was going on. We used staff members to go into doctor's office and see how difficult it was to get a referral for pot.. It was very easy. Too easy in fact, say law enforcement sources. it tunled ou.t both federal and local agencies are also looking into the process. Th.e l ONews I-Team. was able to acquire some government surveillance tapes used to document how different doctors would discuss with patients the benefits of marijuana. One shows an undercover officer and a Dr. Robert Stealer, discussing pot. I assure you Tylenol is more of a risk. to you and a hazard than is cannabis," said Dr. Robert Steiner. Steiner was doing one of his "legi.timate and affordable medical marijuana evaluations as advertised in the Reader. "It's open drug dealing with legitimacy," said Deputy District Attorney Dana Greisen. Greisen said doctors are recommending marijuana to just about anyone who can afford a doctor's visit. "It's being recommended for insomnia, depression (and) azixiety," said Greisen. "The law is being abused in a massive scale," said Greisen. The people using the marijuana aren't suffering from cancer, AIDS or other serious illnesses, which Proposition 215 is supposed to address. It was approved. by voters to "ensure that seriously ill Californians have the right to use marijuana for medical purposes." Dr. Steiner claimed no downsides to using marijuana ou the law enforcement video. "We have two convincing studies that cannabis does not cause lung cancer. Cannabis regenerates brain. cells," said Steiner. The undercover agent then asked if he could also get pot for his dog. "He's got arthritis. He whines at night because of the pain," said the undercover agent. "Again, it is perfectly acceptable far pups," said Steiner. Dr. Alfonso Jimenez has a Web site -- Medical Marijuana of San Diego -- where patients can register far his services online. What happened when we sent our testers in? "He was just laid- back and friendly. (He) didn't really seem to worry about if h.e was giving me this for the right reasons or not," said tester number one. He went to Jimenez for back pain he doesn't have. He got his referral and could have purchased pat. legally. lONews never did purchase any marijuana even after the doctor's approval. "There's a line behind zne coining out of the door, said tester number one. DDA Greisen said it's all about the money. "We had a doctor recently {who) testified he gave out about 2,000 recommendations in last year -- that's what he testified. to in court -- at $230 approximately. You do the math -- that's $500,000 in cash," said Greisen. Greisen said most office calls are paid for in cash. 39 75A-48 That's what another I ONews employee had to do. He paid $125 to have Steiner recommend marijuana for his "sleeping problems." "They just let me in the office. (They) kind of started giving me all these facts about medical marijuana before they even knew what was wrong with me," said tester number two. Tester two would get his marijuana if he went to another doctor first to document his condition. "He (Dr. Sterner) referred the to a doctor who would have me in and out real quickly. I could come right back, (and) he would be able to sign off on the recommendation. Once people get their recommendations, l ONews discovered there's no limit or control. as to hoix~ much marijuana they can. buy from storefronts called dispensaries. Legal Loophole? You don't have to suffer from a serious illness to buy medical marijuana from dispensers. 1 ONcws investigators were able to get approval for marijuana from two doctors -- Dr. Robert Sterner, who has an office near Lindbergh Field, and Dr. Alfonso Jimenez in downtown San Diego. They got me through pretty quick," said tester number one, a I ONews employee. With a recommendation from a doctor, the staffers would be able to get marijuana that is sold at dispensaries across San Diego County. Tester number two, another lONews employee, was sent into the doctor's offices and said, "I went to two different places, and within thirty minutes I got some (referrals). It seemed pretty easy." These marijuana recommendations can be filled at twenty different storefronts selling pot, and unlike a regular prescriptions, a patient can use the recommendations more than. once. A pattern is developing. Patients get recommendations," said Dep. District Attorney Dana Greisen. These recommendations are like a blank check. According to l ONews findings, one person received a recommendation. with permission. to grow 75 marijuana plants..Each plant has the street value of $1,000. The same person received permission to purchase five pounds of marijuana. With that amount, a person can smoke a joint every two hours for 24 hours a day and seven days a week, taking mare than a year to go Through all of that marijuana. Dr. Larry Pohl said what some of his colleagues are doing is not proper medicine. He said patients sometimes need lab work, X-rays or meetings with specialists. Pohl said marijuana is not acure-all. "It's definitely not consistent with standard medical care, said Pohl. Dr. Jimenez has several offices and we talked to him by phone at his Hawaii location, he told lONews that he only provides a referral for patients with medical illnesses. Jimenez's operates a Web site MedicalMarijuanaOfSanDiego.coin. When lONews visited Dr. Sterner, he explained he had to see patients and. closed his office door. But there is another loophole in the system, called the primary care giver form. Taking Advantage Of Proposition 215 "It is a legalization of marijuana. It's going to encourage drug use," said San Diego County Sheriff Bill Kolender. ".It is going to be helping people who are really sick and need a medicine that has been used for 5,000 years," said one Proposition 215 supporter. These were two very different predictions made 10 years ago after Prop. 215 was approved by Californians. Kolender was right, if you ask Dep. District Attorney Dana. Greisen. "Over the last year, we saw a proliferation of these recommendations, said Greisen. He says just about anyone can get marijuana. And to make matters worse, he says, doctors hand out blank primary caregiver forms. These forms allow patients to list anyone they want to be a caregiver. It allows this person to purchase or grow marijuana for them. lONews Investigations sent in two staffers to check Greisen's claims. And it was as the assistant district attorney had claimed. Our staffers were given. blank caregiver forms. I ONews learned that one person named his dog as a caregiver, 40 75A-49 As part of the investigation, IONews nominated a bird named Riggo as a caregiver. "The doctors -- because they're giving it to so many people -- are basically legalizing marijuana one doctor and patient a.t a time," said Greisen.. (Source: http•//www 10news com/news/9480300/detail.html) Who is Ken Estes you ask? Ken Estes is a long time proponent of Medical Marijuana who has or has had interests in at ].east four Medical Marijl.:ana Dispensaries, all of ~~~hich have come tinder law enforcement and media scrutiny. When Pot Clubs C:o Bad: Ken Estes just wants to share the miracle of medical marijuana. Everyone else just wants him to go away. By Chris Thomson Article Published Jul 24, 2002 Neighborhood lore has it that before Ken Estes set up his medical-marijuana club, the property used to be a whorehouse. The neighbors wish it still was..Back. then, the customers walked in, took care of business, and got out. Bad shit never went down at central Berkeley's local brothel. -- certainly nothing like what happened on the afternoon of June 5. At 2:37 p.m., roughly ninety minutes before closing time, a gray Honda pulled. to the curb and two Latino men got out the car and stepped up to the guard. One topped out at 250 pounds and wore a plaid button-down shirt; the other was a skinny kid ul a. T- shirt. The guard walked back to the door, and shouted for Estes' brother that there were two guys at the door to see Ken. His brother cracked open the door, took a look, and leaned back to yell for Estes. At that point, the guard noticed the two men creeping up to the door. "No no, you can't come in here!" he reportedly shouted. Then he saw the gun. Iv1r. Plaid jammed a black pistol into the guard's back, and the T-shirt pulled out a kitchen knife with afour-inch blade. According to the po}ice report, they forced the guard through the door, rushed into the club, and screamed at everyone to lie face down on the floor. Everyone did except for one man, awheelchair-bound patient who had come to get his legally prescribed dose of reefer and now had a gun in his face. The two men trashed the place and finally found the stash after prying open a locked file cabinet. As terrified neighbors called the cops, the thieves ran out of the club, jumped in the car, and floored it. It was the third armed robbery at 1.672 University Avenue in ten months. You get into a lot of creepy stuff when you hang out with Ken Estes. You get burglaries; armed robberies, police raids, and felony charges. You also get allegations of cocaine dealing, tax .fraud, and spousal abuse. The thing is, Ken's a really nice guy. With a tanned :face defined by a sandy goatee, long blond hair, and a disarming air of candor and vulnerability, he seems the very picture of California easy living. lt's only when you notice the wheelchair supporting his shriveled legs, or the limp handshake born of two decades of nerve damage, that you catch a glimpse of the tragedy that has been his companion since 1976. Shortly after a motorcycle accident left Estes paralyzed below his chest, he became a devoted advocate of medical marijuana. He carefully organized his club to offer every possible comfort to the sick or dying. Berkeley Medical Herbs, which didn't exactly traffic in St.-John's-wort, operated out of a cute little cottage that neighbors cal] the "hobbit warren." 41 75A-50 A modest wooden fence fronts the street and a path leads through a mulch lawn to a white security door. Beneath the rich, sloping redwood ceiling, a spacious brick. fireplace keeps patients toasty-warns in the winter. Once a week a woman comes in and provides free massages on a table in the corner. And unlike other East Bay poi clubs, most of which stress a clinical pharmacy's atmosphere, patients can sit down and light up right there, beneath rustic paintings of Jimi, Janis, and .Terry. If it weren't for the crime that has plagued his club's operation, Estes might be the patron saint of Berkeley stoners. "We have the best prices ar~d the best medicine." he boasts. "If you know buds; we l.~ave the bomb." But ever since Estes first got involved in the medical-marijuana movement, rnen with drugs, guns, and evil intent have followed. him everywhere he goes. They have robbed him, exploited his generosity, and endangered the lives of everyone around. him -- even his three children. But "Compassionate Ken, as his friends call him, doesn't seem to learn. He always picks the wrong friends. At least that's Ken.'s side of the story. His estranged. lover, Stacey Trainor, told a darker version. to the Contra Costa dishict attorney's office. She alleged that Estes is a former coke dealer who lied to secure his club's Lease, that he has a Berkeley doctor i.n his pocket who wil] sell pot prescriptions for $215 a pop, and that up to thirty percent of his customers buy his product without any medical notes at all. Police and University Avenue merchants, meanwhile, claim that high-school kids used to line up for a taste outside Estes' club, and that his security guards scared away neighborhood shoppers and even got involved. in Eghts on the street. His fellow cannabis-club operators even tried to drive Estes out of town. Whether Estes is a character out of The French Connection or one out of The Gang That Couldn't Shoot Straight, he couldn't exist without the peculiar politics of Proposition 215, which decriminalized medical marijuana in California. In the six years since its passage, mayors, district attorneys, and state officials have been so focused on protecting patients from federal prosecution that they've neglected to implement any sort of regulations about how pot should be distributed. No state or local agency or mainstream medical group has offered any comprehensive guidelines on who should hand out pot in what manner. As a result, medical pot is not just legal, but superlegal, perhaps California's least-regulated. ingestible substance. And yet marijuana remains a powerful intoxicant with a vast underground market, one whose dealers inhabit a shadowy criminal world populated by dangerous men. In the absence of official regrzlation, it has fallen to pot- club operators themselves to craft some sort of system. Over the last six years, groups like the Oakland Cannabis Buyers Cooperative and the Alliance of Bcrk.eley Patients have, through a series of trials and sometimes embarrassing errors, arrived at a protocol for verifying medical ailments, providing security from criminals, and operating safely in quiet residential and commercial. neighborhoods. But however sensible their rules may be, they have no means of forcing club operators to abide by them. Al] they have is a gentlemen's agreement. Ken Estes broke that agreement, whether by design or neglect. And no one may have the legal power to make him stop. Estes is that rare breed of Bay Area native who spent his teenage years here i.n the '70s and didn't smoke pot. Bom in Martinez, he moved to Concord and became a star athlete at Ygnacio Val.iey High. He excelled at soccer and was offered a scholarship to Santa Clara University, but that all changed one day in 1976, a month after he graduated from high school. Estes was riding his motorcycle back from a Walnut Creek N1cDonald's, where he worked as a manager, when a car swerved into his lane and hit him head on. 42 75A-51 Estes flew over the car and. broke his neck. The damage was so extensive that for the next two years, he couldn't even. move his arms. He struggled through physical. therapy hoping to regain just enough mobility to kill himself. Estes was wracked with chronic pain, living in a reh16 center anal dependent on others to bathe anal clothe Trim. The morphine and. the pills didn't help, and he began to waste away. "I probably got down to a hundred pounds, at~d I'm. six feet," he says. "I couldn't eat, 1 couldn't sleep, the physical pain was horrible, a nightmare. But about six or eight months into it, a group of Vietnam vets I was in rehab with were smoking ,marijuana. They said,'Look, man, we know you're not eating or sleeping, why don't you come over here with us?' 1 said no, 'cause I was still thinking about keeping my body clean. But they said, 'Man, they're popping pills in you and morphine. This is a lot less than that.' So I said, 'Alright, lemme smoke.' That night, I slept all. night. When I woke up, I ate. They brought the doctors in, they said, 'Laokit, he's eating?' My doctor wrote it on the chart, he wrote that this marijuana i.s doing what you want the pills to do." After that first toke, Estes put his life back together. He regained limited use of his arms, enrolled in junior college, and by the early'80s was offered another scholarship, this time to UC Santa Cruz. Estes decided instead to open a string of tanning, hair, and nail salons in Concord and Davis. He met his future girlfriend Stacey Trainor while she was working at a mini mart next to one of his salons. I kept coming over there, and she would always have the banana drink ready for tne, get the burrito ready," he says. Within a month of their first date, Trainor left her husband and moved. in with Estes. Together they would raise three children. But something always bothered Estes. Before he began growing his own, he typically took his business to Haight Street or Telegraph Avenue. It was a dangerous pastime; just because he wanted to relieve his discomfort, he was mugged three times and. occasionally suffered the indignity of being dumped out of his chair. In the'SOs, as AIDS swept through fhe country, Estes began clipping press accounts of "Brownie Mary," the elderly woman who used to walk the halls of San Francisco General Hospital, handing out marijuana-laced treats to the terminally ill. Slowly, he began to think that this wasn't just a drug, but a cause. In 1.992, he signied over his share of the salons to his business partner and started distributing pot, going to demonstrations, and working to decriminalize medical cannabis. "Everyone thought I was crazy, but I said I wanted to -pursue this," he recalls, "I'm tired of being looked at as a doper, as a pothead, as somebody less than somebody else because I used marijuana." Yet as .Estes became a fixture in the medical cannabis scene, his life became increasingly chaotic and dangerous. At the very time that Proposition 215 liberated thousands ofinedical-marijuana smokers from prosecution, Estes began a long, almost farcical slide into crime. Even scoring on street corners didn't compare to what was to come. "No guns in the face at that point, he says of his early years. "That came later, with. the medical-marijuana movement." Estes began his cannabis activism by volunteering at the Oakland Cannabis Buyers cooperative. From the beginning, the ca-op has been at the cutting edge of the movement; where San Francisco clubs have a looser, anarchic spirit, it's all business at the Oakland Co-op, whose members have pioneered security and medical protocols with a determined air of professionalism. Jeff Jones, the co-op's executive director, doesn't even smoke pot. Growing up in South Dakota, Jones watched his father waste away and die from a terrible illness and vowed to find a way to bring medical marijuana to the terminally ill. Jones first joined the co-op in 1995 and soon found himself making home deliveries of dope to AIDS and cancer patients. 43 75A-52 If Estes is a creative but befuddled libertine, Jones is rigid and dogmatic. Frorn the start, the two rubbed one another the wrong way. After passage of Proposition 215, the co-op emerged. from the shadows and began distributing pot out in the open. But no one had any idea how to go about it. There were simply no rules; one day medical pot was illegal, the next day it wasn't. Proposition 215 is one in a long series of brief, poorly conceived initiatives whose implementation has proven to be a giant headache. The "Compassionate Use Act of 1996" offers no guidance on how pot should be distributed.; indeed, the initiative is a si;lgle page in length and merely encourages the federal and state governments to "implement a plan. to provide for the safe and affordable distribution of marijuana to all patients." Six years later, no one in Sacramento has figured out what this means. No state agency has ever issued. binding directives on how to distribute pot, or to whom. Until the California legislature passes a law to govern distribution, neither the attorney general nor the state health department. has the legal authority to innovate any such protocols. "Proposition. 215 did not address prescriptions,'" says Hallye Jordan, spokeswoman for Attorney General Bill Loclcyer. "The initiative did not authorize or spell out any specific scheme for dispensing marijuana. Nor did it say who is entitled. to it, or how much marijuana is required for which ailment. 1 think everyone recognizes that Proposition 215 was not the best-written u~i.tiative. But the voters passed it." With the state paralyzed, it has fallen to local governments to regulate medical marijuana. But most localities have adopted a strictly laissez-faire approach and done virtually nothing to ensure that the distribution of pot adheres to the spirit of Proposition 21.5. The portion of the Berkeley municipal code governing medical pot, for example, is so ridiculously lax that it plays right into the city's worst stereotypes, and yet it's as strict as virtually any other Bay Area city. Although the code limits the amount of pot a club can have on hand, there are n.o provisions limiting how close a pot club can be to a school, or requiring doctors to conduct an actual evaluation of patients, or requiring background checks for pot distributors -- which is standard practice for anyone who wants to run a liquor store. Yet the code does encourage pot clubs to use their best efforts to deternlu~e whether or not cannabis is organically grown.." City Councilmembers Linda Maio and Dona Spring say the city can't even write up a specific-use permit for cannabis clubs, because doing so would violate federal law. The end result is that medicat pot is actually less regulated than candy bars, which must at least have their ingredients printed on the wrapper. Anyone can distribute medical pot anywhere, in any fashion they please, and. virtually no one is watching them. Club operators disagree on whether this is good or bad. Jeff Jones wants the government to step in and bring some common sense to pot's distribution. "We thought the government would get involved in distributing medical marijuana as per the state Iaw," he says. "I never though that f ve or ten years Later, we'd still be operating in a vacuum." Others worry that i.f the state takes a firmer hand, a conservative governor or attorney general might interpret the law so narrowly as to effectively recriminali.ze medical cannabis. But everyone agrees that since the government hasn't set up rules, club operators must police themselves. The Oakland Cannabis Buyers Collective was at the forefront of this effort, keeping and verifying patient records, hiring security guards, and establishing a rigorous dual-identification system, in which patients had to pass through multiple checkpoints. "To be a member, they had to turn in a note from a licensed physician that we could verify," Jones says. 44 75A-53 "Even cancer and AIDS patients had to renew the note every year. They were a little mad about this, but we had to confirm that (heir medical. status hadn't changed, and they still needed our services." Once Oakland officials were assured. that, unlike at San. Francisco clubs, patients would never smoke dope at the site, relations between the co-op and the city have generally been cordial. The city council contracted with the co-op to distribute pot to seven thousand patients on its behalf, and the co-op's membership cards became the definitive means of identifying medical. pot patients throughout the East Bay. Tones even. teaches classes on medical. tnzrijuana to recruits at the Oakland police academy. "We've never given them a reason to question what we're doing here," he says, "The local poi.ice like us because we give them an alternative to going out on the street. Our group have never done anything that has been deemed illegal, and we've never gotten complaints from anyone -- except the federal government." Berkeley's tlu'ee clubs went through the same process, experimenting with various security and patient-verification protocols. In the beginning of 2001, the Berkeley Patients Group on San Pablo Avenue, the Cannabis Buyers Cooperative on Shattuck, anal. the Patients Care Collective on Telegraph. formed the Alliance of Berkeley Patients and agreed upon aten-point platform. This included organizing as a collective or .nonprofit, contacting physicians to confirm a patient's medical. condition, scrupulously keeping patient records, hiring security guards, and maintaining good relations with their neighbors. "We agreed to police ourselves, so we don't have to have any outside regulators that might not have the patient's best interests in mind," says Berkeley Patients Group member Don Duncan. There was just one problem: none of these regulations had the force of law behu3d them. Even the police, hamstrung by a city council cognizant of the overwhelming public support for medical pot, can do virtually nothing to crack down on rogue clubs. If someone wanted. to hand out pot like candy, no one could stop him. His neighbors along University Avenue soon f gored this out. Accounts differ as to what Estes did when he first showed up at the Oakland co-op's door in 1995. Some say he taught the co-op's pot cultivation classes; others claim he weighed out the boggles and sampled the wares to categorize their potency. Estes says he did both. But one thing seems clear: he and Jeff Jones didn't get along. "Jeff always thought Ken should cut his hair -- look more appropriate for you guys, the media," says one co-op member who asked. not to be named. "Ken was like, `You know, I don't have to look right for the press. I'm a patient."' Jones won't say much about what he thought of Estes, but Estes recalls, "Jeff said, 'Look, if you cut your hair, you'll go places around here.' I said, 'C'mon, you're sounding like the people on the streets 1've been dealing with for years. You're sounding like the conservative white guy who doesn't like anyone lookin' different from himself.' So yeah, we had a lot of trouble. I told him one time, 'I wanna get out of my chair and beat your ass."' Whether the Oakland co-op itself was entirely above-board is a matter of some dispute. According to Trainor's statement to the Contra Costa DA, the co-op paid Estes in pot and unreported. cash. "Part of the marijuana he received as payment from the club he would sell to other people, including persons who had no medical prescription for marijuana," her statement reads. Jones denies paying Estes in under-the-table cash, but refuses to comment on whether he paid Estes with dope. Estes claims he received a paycheck, not cash. But he acknowledges the pot-for-labor arrangement. "l got herb for working," he says. "They gave me herb, that was the trade-off. I worked there till it closed, and then I went out and opened my new shop." 45 75A-54 In October 1998, the feds managed to get an injunction prohibiting the Oakland co-op from dispensing marijuana. The co-op fought it all. the way to th.e Supreme Court, where it eventually lost. Jones and his lawyers are preparing a new challenge, but except for a one-month period during which the injunction was Lifted, the co-op has not handed out a dime bag since 1998. Seven thousand patients needed another supplier, anal Estes jumped in to fill the void. But he needed customers, so Trainor says Estes called a friend who worked there, This employee gave Estes the names, addresses, and phone numbers of (ive hundred patients, and Estes soon started drumming up customers- No one at the co- op knew the two had done this; certainly the patients had no idea that their confidential information was being bandied about like just another mailing list. Estes concedes he made no effort to call their doctors anal confirm their medical condition -- he just started. making deliveries to anyone with a card from the Oakland club. By the time that Estes went into business for himself, he, Trainor, and their three children had moved to a house in Concord, where he began. growing pot to supply his growing army of patients. On September 20, Concord police officer David Savage took a cal]: Estes' neighbor claimed that she could see a bumper crop of pat plants growing in his backyard. Savage stopped by and peeked over the fence. Later that afternoon, he returned with a search warrant. Savage's police report indicates that he found pot everywhere. He found roughly fifty plants in a makeshift greenhouse in the backyard. He faund an elaborate hydroponics system in the garage; behind sheets of dark plastic, dozens of plants were growing on plastic trays and. in children's swimming pools; grow lights wheeled back and forth on a track hanging from the ceiling. He found baggier of weed stuffed in desk drawers and scattered along the floor, and plants hanging in the closets. In the master bedroom, underneath a crib where one of the children slept, Savage found two garbage bags with dried marijuana in them. "None of the growing and dried marijuana was in a secure place," Savage wrote in his report. "Most of the marijuana was accessible to the children in the residence. Estes told [me] he was not concerned with the children having access to the marijuana because 'They know it is for daddy."' Estes denies leaving bags of dope near his children's cribs. But Savage didn't la~ow what to do with Estes. Estes had an Oakland co-op card certifying him. as a patient, as well. as patient records indicating lie was a legally valid caregiver. How much dope did Proposition 215 allow him to have? "They got a judge on the phone, and I talked to the judge," Estes says. "I said, 'Please don't make me pull these plants out. These are good strains with medical benefits."' In the end, the cops confiscated the plants and the gn'owing system, and ratted him out to Child Protective Services. In deference to Proposition 215, they left Estes with three plants and an ounce .for his own use. But Estes complains Savage took all the kind buds, and left him just a bag of leafy shit. Fifteen months later, the cops would be back. By then, Estes had bought some property near Clear Lake, and Trainor had moved up north with the kids, growing more dope in a shed behind the house. Meanwhile, Estes' cousin. Tim Crew had moved into the house to help him grow a crop That dwarfed his prior stash. This period marks the beginning of one of Estes' most foolish habits: keeping massive amounts of drugs and money lying around. "People told me, 'Don't put more than a certain amount in the bank, or you could get in trouble,"' he says. "We had a lot of money, and I kept it with me. I'd hide it in my closet, hide it in my suitcase. I just di.dn't want to put it in a bank." 46 75A-55 As more and more people got hip to Estes' stash, his cavalier attitude would provoke a spate of armed robberies that left laic University Avenue neighbors terrified. The first robbery happened in Concord on January 1, 2000. Neighbors called the cops and reported that several. men had burst out of Estes' house and raced down the street, leaving the door ajar. When Concord officers arrived at the scene, they found that the front door had been forced open. They also found no fewer than 1,780 marijuana plants in various stages of cultivation, even after the break-in. This time, the cops wouldn't be satisfied with confiscating his stash.. The DA charged Estes with four felony counts of possession and cultivation. of marijuana for sale, and wi l probably argue that the volume of pot on hand proved that he was an outright dealer, not a medicinal caregiver. His trial is set to begin. on August 5. With the heat coming down in Concord, Estes eyed Berkeley. Taking out a business license and a zoning permit to sell "herbs and other homeopathic remedies," Estes set up shop at 1672 University Avenue. From the very beginning, Berkeley Medical Herbs was characterized by his permissive business style. Michael "Rocky" Grunner showed up at Estes' door just months into his new operation and handed him a bag of quality product. Estes says Grunner told him. there was more where that carne from, and he was certainly happy to buy it. Grunner began hanging out at the club, and Estes thought everything was working just fine. The massage table was up and ruiming, patients were streaming through the door, the smoke was flowing freely. But over time, a tense, nervous atmosphere infected the club. Finally, Estes claims, a friend came to him and broke the bad news: Grunner was deal.i.ng crank out of the back room. Estes says he promptly threw Grunner out of the club. But the club's neighbors were beginning to wont' about the sketchy new element. Machinist Richard Graham is a longtime area resident and has been known to take a h.it upon occasion.. But he even he draws the line at Estes' way of doing business, A few months after Estes opened the club, Graham dropped off a package mistakenly delivered to the wrong address. When Graham asked the man behind the counter how business was holding up, he offered to set him up with a physician. for $200. "1 asked them how their operation works, and they told me you just need a note from the doctor, and. we have a doctor, and you can. get a note for just about anything," Graham says. "Then he told me the prices, the registration fee to get the note, $200 per year. I got what I thought was an aggressive sales pitch. He said their doctor writ help me get it. He looked at me and profiled me, said'You're 51, you've got arthritis, we can help you.'... I just got the impression that these are people in it to sell marijuana as a business. I didn.'t feel that these were people motivated to help sick people, which I think other people are, It was a decidedly unclinical. atmosphere, let's put it that way." In fact, Estes' operation was so unclinical that it even advertised in the Berkeley Daily Planet. Superimposed over the image of a big fat bud, the club announced that it had plenty of pot for sale, listing killer strains such as "Jack Frost, Mad Max, Romulin, G- Spot, and more." Other club operators groaned in dismay wheza they read the notice: "One-source shopping for all your medicinal needs! First visit, first gram free with mention of this ad?" Soon., kids were lining up outside, neighbors and police report, and the club's busiest hour was between three and four in the afternoon, when Berkeley High students got out of class. "The biggest complaint was the kids going in and out of there," says Lieutenant Al Yuen, head of the Berkeley Police Department's Special Enforcement Unit, which handles narcotics investigations. "We looked. into that and watched kids going in and out. 47 75A-56 We never caught him selling to kids without a card. He claims that the kids had medicinal cards, but he doesn't keep records on who he sells to..,. He was advertising in the papers, he allowed tons of kids going though. his place. He didn`t have a screening process, didn't have security." l.n fact, Trainor told. the DA's office that Estes sold his product to anyone with the cash. She estimated that seventy percent of the club's buyers were patients from the Oal~land co-op, and that the other thirty percent were recreational users. And Trainox alleged that even many of the so-called patients may have had. fraudu.len.t doctor's notes. She claimed that Estes referred everyone without a card to Dr. Frank Lucido, a Berkeley family practitioner who allegedly charged. a fee for every note. "Estes would tell his buyers to go to Lucido, give him $215, and he would give the person a prescription.... Trainor said that regardless of whether a buyer told Estes they had a medical problem or not, Estes would refer the buyer to Lucido to get the prescri.ption." Trainor said she knew how Lucido operated because she went through the process herself. During her interview, she meticulously described her visit from start to finish. "Trainor went to the doctor's office, where she met a nurse who collected $215 from her. She was brought into an exam room, where she waited until. Lucido came u1 and asked her what she wanted. She told him she had a bad back and wanted. a prescription for marijuana. Trainor said the doctor performed a mini physical, checked her blood pressure, and had h.er bend over backward to check the condition of her back.... Lucido then wrote her a prescription for marijuana. Lucido did not ask her questions about treatment or diagnosis from any other physician. Lucido gave her no advice on the amount of marijuana to use and. did not advise her of any other therapy or medication that might treat back problems. Lucido did not tell her to come back for afollow-up exam." Fo.r a while, Estes says, he even accepted photocopies of Lueido's notes, and neighbors used to fmd them littering the sidewalk in front of his club. One neighbor, who asked not to be named, still has a copy of one such note from Lucido's office. The patient is a mere 21 years old and suffers from back pain. Lucido says he used to write such notes and rely on patients to provide verification later. But he says he discontinued that practice two years ago, and now requires independent verification of his patients' ailments from another physician. Lucido says Estes has been a headache for his medical practice. Two years ago, the doctor says, Estes printed business cards that claimed he was working in conjunction with. Lucido. The physician says that as soon as he found. out, he had a lawyer call Estes and tell him to stop making that claim immediately. "I'm not connected with the clubs, and I don't refer people to the clubs," he says. "I'm sure people mention my name, but it's never the case that we work in conjunction with each other." Lucido said he couldn't remember Stacey Trainor. Why is Trainor telling so many tales out of school? It all. began two years ago, when she began an affair with Rocky Gruuner. The feud culminated on August 31, 2000, when Trainor swore out a temporary restraining order against Estes, claiming that Estes threatened to kill her. When the Lafayette cops arrived at his house to serve it, they found more plants growing in the basement. Back went Estes into the pokey, and the cops even raided the club and seized product and financial. records. Two months later, Lafayette narcotics agents raided Grunner's own. house and seized seventeen pounds of marijuana. Trainor eventually broke off her affair. Grunner could not be reached for comment. Six months ago, as Estes became the subject of a Contra Costa district attorney investigation, Trainor met with assistant district attorney Phyllis Franks and county investigator Tony Arcado. 48 75A-57 Over the course of several hours, she told the story of their life together. According to h.er statement, Estes didn't start his new career dealing medical pot --but cocaine. "After selling the tanning salon, Estes earned income by selling cocaine," Arcado wrote in his ~~ summary of Trainor s interview. Trainer [sic] said the income from the cocaine business ran out. in 1993, and Estes switched to selling marijuana." Estes vehemently denies the charge and claims that Trainor, who declined to comment for this story, is lying as part of achild-custody dispute. "That's false, not true at all," he says. "No, I didn't sell th.e salons, l didn't sell cocaine. She was lying because she thought she was moving to Canada with. the kids, and she thought that before she left, she could throw a bunch of stuff in the rnix to mess me up in court, Because she downright hates me for dumping her." It was bad enough when neighbors watched police raid the club and kids line up for weed -- then the robberies began.. On the evening of Friday, October 12, 2001, the club was winding down. after a long day when someone knocked on the door. An employee pulled the door open and stared straight down the barrel of a silver handgun. "We opened up the door, same as for everybody: 'Hey, what's up?"' Estes says. "The guys came in. They put everybody on the ground and took everything." Time was running out for Estes. The kids and the police raids were bad enough, but now men were waving guns around and racing off with drugs. At the time, Estes had no security guards, no iron gate on the door, just a l.ot of cash and pot. Soon, the other pot-club operators came a-callin'. The robbery put new heat on alt of them as City Councilinember Linda Maio started .making noises. Don Duncan from the Berkeley Patients Group visited the club and found it pleasant enough, but Estes had clearly failed to implement even. basic security procedures. "There weren't a lot of people around, the club was fairly deserted, and that was a security challenge," Duncan says. "And the front gate was a problem." When Duncan suggested retaining security personnel, Estes responded by hiring a couple of g~.rys he knew from around town. Neighbors and police representatives claim that this just made things worse. The men were not professional guards, and scared people away from the neighborhood by loitering on the sidewalk during business hours. Estes says the neighbors are giving way to their own racist fears. "If you tall: to them, they're big, soft, easygoing guys," he says. "But unfortunately they're black. And in this society, you think of black as criminal. So the moment you see black people standing around, looking at your ID, I guess it looks like a crack house. I have black friends, and that seems to be held against me. None of the other clubs seems to be scrutinized as much as me." Not only did the guards not sit well with the neighbors, they also didn't stop the crime. On the evening of December 13, 2001, as the guards had drifted back into the club and Estes' employees began stacking the chairs, one last patient, a young woman, knocked on the door. As an employee opened the door for her, he glanced down to his left and saw three men crouched low. The woman turned and walked back to the sidewalk and the men rushed through the door. One pulled out an Uzi submachine gun, and the second robbery in two months was under way. The thieves probably wouldn't have kept coming back i.f there hadn't been so much to steal.. Estes refuses to say how much pot was lost during the first robbery, but he says he kept an average of three pounds of dried marijuana in his store at all times. "Some of it was in ounces, some of it in eighths, prepackaged in a variety of amounts," he says. "Plus we had hash, we had kief, we had oils and other extracts from marijuana. We had baked goods, brownies, carrot cakes, Reese's peanut butter cups that were done like that. 49 75A-58 We had everything." At $65 an eighth, that meant thugs could make off with about $25,000 with one quick hit, to say nothing of the cash he kept on hand. With this, the city had. finally had enough. City Councilmember Linda Maio convened a neighborhood meeting about the club -- which Estes didn't bother to attend -- and told. the rest of Berkeley's cannabis dispensaries to bring their colleague to heel. "I called Don Duncan and his folks and said, you guys have to be part of the solution here," she says. "Tt's not okay that this happens, and it's not acceptable if this is just a rare thing. Don knows that this is not acceptable -- he urdcrstands That this would jeopardize the whole movement if it's allowed to get worse." Estes' new offtce manager, Dorrit Geshuri, sat down with City Manager Weldon Rucker and. police officials, and other Alliance members, and together thev hammered out a series of reforms. On January 2, Geshuri agreed. to the following terms: the club would only operate five hours a day: less than a pound of dope would. be on the premises; newspaper advertising would stop immediately; a professional security company would be retained; and security cameras would be installed. The final robbery on June 5 spelled the end for Ken Estes. Despite his promise not to keep more than a pound of pot at the store, neighbors report that during the getaway, the robbers' duffel bag was so heavy that they had to drag it down to the car. As for- the security cameras, club officials claimed that they had mysteriously broken down that day, and there was no film of the incident. Estes had used up his last store of good. faith, and even the other clubs agreed he had to go. "I don't think Ken is a bad guy, but it's no longer appropriate for him to operate in Berkeley," Duncan says. "The consensus of the Alliance is for Ken to leave the city, to either move on or find another career. That conclusion has been some time in coming. We're happy to have him as a friend, but it's in the best interest of the patients that Ken close for real." Duncan's abandonment h.as left Estes fairly bitrter. "Yeah, they don't want the competition," he says. "They can keep the prices high, and they can control the game. It's business, it's all about business..tf you're Starbuck, you want Peet's out of town." Still., Estes has finally agreed to get out of town.. He, his brother Randy Moses, and Geshuri have signed a lease at a new club in Oakland, near the corner of 18th Street and Broadway, where he promises to tighten up security. The numerous car dealerships have given in this part of town its historic name, "Auto Row," but it should really be called "Pot Row." Virtually all the pot clubs in Oakland are clustered in this neighborhood, and they're not happy to see Estes join them. If Estes waists to defy Janes, his new neighbors, the cops, and the entire city of Oakland, there's not much. anyone can do about it. Linda Maio was at a loss when. it briefly looked like Estes had decided to stay in Berkeley; she ineffectually threatened to circulate a petition and prepare a nuisance complaint. As for, say, an undercover operation to catch Estes selling to customers without a valid doctor's note, she never considered that option for a second, and police won't say whether they did. If this the hest local government can do, Estes is in the clear. But medical. marijuana's era of raw capitalists may be coming to an end. State Senator John Vasconcellos has drafted a new bill regulating the industry, and now that it has the support of both the California District Attorneys' Association and the California State Sheriffs' Association, Govenzor Davis has indicated that he might sign it. The bill would establish a statewide registry of medical-marijuana patients and caregivers, who would receive a card certifying their medical status. Physicians would submit candidates for medical pot to the county Health Department, which would approve or reject applicants based on a review of the accuracy of the medical records. 50 75A-59 The state Department of Health Services would develop regulations that define how much pot dispensaries can grow and store, bypassing the many nebulous questions surrounding how pot clubs currently get their wh.o esale product. Although the bill's primary intent is to protect patients facing reactionary and unjust arrests, the bill could have the secondary effect of regulating cultivators. This may explain why Californians for Compassionate Use, tike organization that thought up Proposition 21 S, has joined the Committee on Moral Concerns in opposing the bill. But get this: the registry system is sirictly voluntary. Vasconcellos' bill is mare focused cn reining in the police, and so ~t barely dwells on reining in medical-pot cultivators. The new cards offer absolute protection. from scary Modoc County sheriffs, but in return both patients anal. caregivers must operate responsibly. For operators in progressive cities such as Berkeley and Oakland, who already can move in the light of day, there's no incentive to sigm onto the deal. And so, through a strange accident of history, marijuana seems likely to remain the least-regulated ingestible substance ul California. Of course, good old-fashioned drug laws may solve the Ken Estes problem for us. Assistant district attorney Phyllis Franks of Contra Costa County is preparing to try Estes on four felonies stemming from the Concord. raids, and if convicted, he'll be out of business. This brings up the final legal question unresolved by Proposition 215: how do prosecutors determine whether someone is a legally sanctioned caregiver, or a drug dealer? The answer is there is no answer. District attorneys around. the state have relied on counting pot plants; if you've got too many, you must be a dealer. How many plants is too many? No one knows. While a handful of cities such as Berkeley have capped the amount of pot cannabis clubs can have on hand, prosecutors more typically eyeball the plants and make a simple judgment call. That's what they've done with Estes, but the system is hardly precise. If Estes is convicted, he will pay a terrible price for this lack of precision; the charges carry a possible prison sentence of three years and. eight months. But his complex reputation also could be laundered overnight. When Estes turned himself in, forty demonstrators accompanied him to the station, and his image -- the martyr of medical marijuana, persecuted by vindictive prosecutors -- was flashed across the nightly news throughout the Bay Area.. Stacey Trainor's allegations aside, Ken Estes seems a kind, generous man, ready to take you into his company at a moment's notice. But nothing out there can protect us from his tendency to trust the wrong people, of whom there are still plenty in the shadowy, twilight world of marijuana. Estes admits he's made some mistakes, and vows to improve his operation. "We began. something here, and we didn't know where it would go," he says. "I've made mistakes in retrospect, but we tried to work it out. Stacey and all that stuff was a big problem -- I had no problems before that. I believe I know who's behind this, the robberies. All this stuff that's gone on has happened since Stacey went to the police, and the police behoved her, They told me that many times women turn on their drug-dealing boyfriends, and this seems like a case of that, I wish I could have hired better people, but I can't say that I would have done anything different. I really didn't foresee the criminal element making its presence like it did. But I can only do so much." And should Estes revert to his old, seat-of his-pants ways, we may have no choice but to put up with. him. www comnassionatecoalition orb/comment/reply/3789 51 75A-60 iVledical marijuana merchant defies Oakland order to close. Othea•s might go underground, as city's new rule gets mixed reaction from consumers, business owners Oakland Tribune (CA) Wednesday, June 02, 2004 By Laura Counts, STAFF WRITER OAKLAND -- Medical marijuana patients who packed into the Dragonfly Holistic Solutions dispensary on Telegraph. Avenue on Tuesday seemed. unaware the business h.ad been told by the city to shut down. They said they were seeking the most potent medicine in town -- a strain of marijuana called "Barney Purple" -- and didn't like hearing that new city rules will limit them to four city-sanctioned establishments. "If you enjoy feeling pain-free, this is the place to be," said Sullivan Wallace of Oakland, who says he has a cannabis prescription to fight chronic pain and anxiety. Seven existing dispensaries and one proposed club had applied for the four business permits available. After a series of hearings and several delays, the clubs were notified Friday afternoon whether they made the cut. Those that received licenses wil] have to pay a $20,000 annual fee. Those that did not were supposed to close Tuesday. Dragonfly did not make it, but owner Ken Estes said he will continue to operate in def7ance of city rules until. he is arrested. He planned a protest outside the dispensary Tuesday morning, but the only sigms of one emerged when the doors to the club opened 15 minutes late. "There is some kind of discrimination. going on behind the scenes," Estes said. "Or else the city is out of touch with the patients, because we are the preferred club. When we opened, we forced prices down and brought in higher quality (than the other clubs)." Other club owners, including some who were issued permits, criticized the city's process as arbitrary and complained that three days wasn't enough notice for them. or the employees on their payrolls. Still, no one except Estes continued business as usual. One dispensary owner contended there are clubs that did not even apply for a city permit and may try to operate under the radar. "There are some who chose not to pay $300 and sign a confession, said Richard Lee, owner of the Bulldog Cafe, who got a permit for his cafe on Broadway but not for h.is sma1I SR71 Cafe on 17th Street, according to the city manager's office. Even though Lee received a permit, he contended the process was arbitrary and the four-club limit does not make sense..He plans to move to a larger location to serve the additional. customers the closures will bring. "This thing is getting too big for them to say there can only be four clubs. There are too many people who appreciate getting marijuana in a civilized way," said Lee, one of the backers of an initiative now collecting signatures for the November ballot that would all but decriminalize adult use of marijuana in. Oakland. Sparky Rose, operator oi' Compassionate Access on Telegraph -- which also was approved -- said he serves 7,000 patients and is expecting more. He plans to soon move to a larger location nearby. "It was difficult to gauge what was important to the city when. we were presenting ourselves. There wasn't a lot of transparency in the process," Rose said, adding that everyone was asked for the same information. "They should have extended the deadline, because a lot of clubs have a lot of employees and a holiday weekend. isn't much notice." The city inspected the clubs for code violations, checked for any complaints against them, and asked for information ranging from number of patients to products to prices. 1n the end, according to a letter from the city's Administrative Hearing Officer Larry Carroll to Estes, the city seemed to put more stock on who had. operated the longest. 52 75A-61 The three clubs issued permits in the "uptown" area had operated between two and five years, though. the fourth club on West Grand is a relative newcomer. The Lemon Drop Coffee shop on Telegraph is one of the more established clubs in the area, nicknamed "Oaksterdam," but it did. not receive a permit.. Owner Mark Belote said the well-stocked coffee shop will continue to sell its mochas and pastries, gelatos and cakes, but stop pot sales. "I want to do everything legally. I've always been honest with them., so we'll see what happens," he said. "I have an eight-year lease here, so the cafe will stay open." 1~arry Carr of The Green Door dispensary on Webster Street said he fully expected to get a permit. The building met all code requirements and there were no complaints against the club. It opened last October with the blessing of the city, even. stating it was a cannabis dispensary on its business license. The city renewed its license in February. The Green Door is now seeking an injunction to stay open until it can. get a court hearing..lts owners contend the application process was fraudulent. Under the new rules, denial of permits cannot be appealed, Carroll said. The fu1a1 determination was made by City Administrator Deborah hdgerl.y, who could not be reached for comment Tuesday. As for those that continue to operate in violation, Carroll said, "the city is considering its options." Carroll said he will send final warning letters and may give them a short grace period. However, he noted, "all of those operating without permits are outside of the city's low policing priority with regards to medical marijuana, so the police could take action." The city will. review the new Hiles in six months. Jeff Jones, director of the Oakland Cannabis Buyers' Cooperative -- which issues identification cards but does not dispense -- said he has been advising clubs to follow the rules. "The city is our friend, and we are in this together. They are doing what they feel they need to do," Jones said. "I think the best practice is to close down quietly, and we'll spend the next six months lobbying to increase the limit." http'//www marijuana ors/OaklandTrib6-02-04.htm Marijuana Clubs Question Ethics Of City's Order To Close Friday, May 19, 2006 by Tom Lochner Contra Costa Times Richmond, CA -- With the crafting of a medical marijuana regulating ordinance stalled, the Richmond City Attorney's office has ordered the immediate closure of two cannabis clubs, the only ones known to operate in the city. One, Natural Remedies Health Collective on Macdonald Avenue, promptly closed. The other, Holistic Solutions on Hilltop Mall Road, remained open Thursday. Owner Ken Estes said he hopes to persuade Richmond officials and council. members that his business benefits both patients and the city at large. In acease-and-desist order dated May l 6, Assistant City Attorney Trisha Aljoe told Natural Remedies owner Linda Jackson that failure to comply will result in the filing of criminal charges. Estes said he received a similar letter. With no land-use standards permitting medical. marijuana dispensaries in th.e city, the letter reads, "your continued marijuana operation is in clear violation of the Richmond .Municipal Code and constitutes both a public nuisance per se, as well as a criminal misdemeanor." 3ackson closed her shop Wednesday, but on Thursday, she questioned the legality and ethics of the city's order. "This is taking away my livelihood and putting my patients in. harm's way," said Jackson. 53 75A-62 She also questioned how the city could prosecute her, because no city ]aw specifically addresses cannabis clubs, which are legal under California law --unless the city decides to enforce the federal taw. In 1996, the state's voters approved marijuana for medical use on the recommendation of a doctor. The federal government, however, considers marijuana an illegal drug, with no medical use. Aljoe did not return calls Thursday. The city's administrative chief, Janet Schneider, said the city attorney's office takes the stand that cannabis clubs are illegal since the city code does not explieitl.y permit them. lvloreover, she said, the city's zoning ordinance rules out unlawful activities in general. Richmond's legal stand differs from that of some other Contra Costa cities, which passed urgency moratoriums on the opening of cannabis clubs. Those cities, among them Antioch, Oakley, Pinole and San Pablo, reasoned that without a moratorium, their cities lacked. the legal mechanism to keep cannabis clubs from opening absent any reference to them in their municipal codes. Richmond, too, once had a moratorium; it lapsed in October. A draft ordinance that would limit cannabis clubs to certain commercial areas bounced among the Planning Commission, Public Safety Committee, City Council and city staff for months. On Thursday, the committee declined to adopt a recommendation by the city staff to declare cannabis clubs a "non-permitted use" and referred the matter to the city council. to consider as part of a general plan overhaul. Police Chief Chris Magnus said Thursday that camiabis clubs are a drain on police resources. But earlier this year, Richmond Police spokesman Lt. Mark Gagan quipped that Things were so quiet at Natural remedies he had virtually forgotten it existed. Magnus said there was a burglary at Natural. Remedies in M.ay 2005. But Jackson said that occurred under a previous owner. And at Holistic solutions, Magnus said, Richmond officers observed a steady stream of young people coming and going, causing him to doubt they were there for medical reasons. But Estes said many younger people use medical marijuana far pain resui.ting from injuries and that police should come inside to observe how he checks out h.is patients. Copyright Contra Costa Newspapers Inc. www.hemp. net/news/index.php?arti c1e=1149877045 C1earlake, CA: iVioratorium on marijuana dispensaries (June C, 2006) Submitted by Nathan on Mon, 06/12/2006 - 9:24am. Lake County California Moratorium on marijuana dispensaries Ob/06/200b Denise Rockenstein, Lake County Record-Bee Source: http•//www record-bee.con>/oanews/ci 3906208 Should weed stay or should weed go now? In 1996, Caltfornia voters said that it should stay. Yet, 10 years after the passage of the Compassion Use Act, barriers are still. blocking patients' access to medicinal marijuana. The City of Clearlake i taking a backseat in the movement, placing a moratorium on the issuing of business permits for marijuana dispensaries. It is the city's hope that the issue will be resolved in Federal Court befoxe the moratorium, which has been extended to 10 months, 15 days, is complete. The moratorium prohibits the issuing of business permits for medicinal marijuana dispensaries. Furthermore, it does not provide for renewal of business permits for existing businesses that provide patient access to marijuana medicine. 54 75A-63 The purpose of the moratorium is to allow city staff time to establish zoning regulations pertaining to medical marijuana dispensaries. According the staff report submitted to the council on May 25, "Clearlake currently has no permitted Dispensaries, but the Police Department believes there may be businesses distributing medical marijuana in the City, and that it is likely that persons will seek land use entitlements and permits from the City to distribute medical marijuana." Holistic Solutions, a natural healing center that provides m.edicin.al marijuana, has been operating on Lakeshore Drive in Clearlake for more than a year under City of Clearlake Business License Inc. 4535. Another distributor, Barrett Consulting, which operates Alternative Patient Services out of the Java Express Mall., has been a permitted business in the City of Clearlake for more than four years. In years past, there has not been a particular business license application available in the city that specifically licenses a marijuana dispensary-type business. The city's business application does however, require a description of the type of business for which the license is being sought. Both Holistic Solutions and Barrett Consulting have been. successful in obtaining a business license as well as renewals of those licenses. As with all City of Clearlake business licenses, both will expire on Sept. 30, 2006. °lf something doesn't change before (Sept. 30) I will. be out of business," said James Barrett, Barrett Consulting proprietor who began his business after recognizing a need for local access. He further identified the elderly as being most affected by access barriers, stating that the teenage population basically has unlimited street access to marijuana. "The thing with. the moratorium is that there is going to be a lot of (elderly) patients that can`t get their medicine." Barrett agrees that zoning regulations on medical marijuana dispensaries are needed as does Holistic Solutions co-owner Dave Moses. "Zoning regulations are badly needed," Barrett said, "but, in my opinion, that should have been taken care of in 1997." Moses has extended his assistance to the city staff in establishing regulations on businesses providing medicinal marijuana to patients. Moses, along with his brother Ken Estes, have been involved in the marijuana movement for more than 13 years. Estes, president of Holistic Solutions, began using medical marijuana following a paralyzing motorcycle accident in 1993. "When i was going through my rehab 1 tried marijuana for the first time and it really worked. It did something that the pills weren't doing. It gave me my appetite back and I could sleep," Estes explained from his wheelchair. "The pills were breaking me down and the marijuana was kind of filling me up. Making me eat; giving me a good positive attitude. There are some good characteristics to marijuana that pharmaceuticals long to have." Estes and Moses were instrumental in the establishment of regulations in the San Francisco area where they operate two more dispensaries. An. outline of those regulations has been submitted to city staff. As of Tuesday, June 6, tl~e city has made no attempt to contact either Estes or Moses although they are eager to help put zoning regulations in place. "We want regulation. and control because we believe in that," Moses said.. "We don't think that we should be within 100 feet of a school, or operate all hours of the night, for example, and we would be like to be contributing our fair share to the city's coffers." Although. Moses had requested that the council include in its moratorium authorization for renewal of existing business licenses, his request was denied. However, Mayor Joyce Overton recommended that the item be brought back before the council for a progress update in August. Contact Denise Rockenstein at drockenstein(cr~clearlakeobserver.com. 55 75A-64 RIVERSIDE COUNTY DISTRICT ATTORNEY' S OFFICE WHITE PAPER MEDICAL MARIJUANA: HISTORY AND CURRENT COMPLICATIONS September 2006 Table of Contents: History of Medical Marijuana Federal Law California Law Riverside County Practical Issues in California Conclusion In November of 1996, California voters passed the Proposition 215 initiative. ' The initiative set out to make medical marijuana available to people with certain illnesses. The initiative was later supplemented by the Medical Marijuana Program Act; which was enacted as Senate Bili 420 by the state legislature in 2003 and became effective in January of 2004. Across the state, counties have varied in their responses to medical marijuana. Some counties have allowed businesses to open and provide medical marijuana. Others have disallowed all such establishments within their borders. Several counties once issued business Licenses allowing medical marijuana stores to operate, but no longer do so. This paper discusses the legality of both medical marijuana and the businesses that make it available. History of Medical Marijuana The world history of marijuana for medicinal use is long and varied. Among other illnesses, the Chinese used it to treat gout, malaria and memory. Hindu sects have used it as a stress reliever. Ancient physicians prescribed marijuana for pain, childbirth and earaches. Early Americans used it to treat skin .i.nflammation, rabies, and tetanus.- However, evidence that marijuana lessens the symptoms of any medical condition is largely anecdotal. Additionally, medical marijuana is normally administered by smoking and not a single Federal Drug Administration approved medication is smoked.' Federal. Law Federal law clearly and unequivocally states that all marijuana related activities are illegal. Consequently, all people engaged in such activities are subject to federal prosecution. The United States Supreme Court recently decided, Gonzales v. Raich, (2005) 125 S.Ct. 21.95, making the federal position absolutely plain. The court has declared that, despite the attempts of several states to partially Legalize marijuana, it 75A-65 continues to be wholly illegal since it is classified as a Schedule I drug. As such, there are no exceptions to its illegality. The mere categorization of marijuana as "medical" by some states fails to carve out any legally recognized exception regarding the drug. Marijuana, in any form, is neither valid nor legal. C early the United States Supreme Court is the highest court in the land. Its decisions are final and binding upon ail lower courts. The court invoked the United States Supremacy Clause and the Commerce Clause in reaching its decision. The Supremacy Clause declares that all laws made in pursuance of the Constitution shall be the "supreme law of the land" and shall be legally superior to any conflicting provision of a state constitution or law. s The Commerce Clause states that "the Congress shall have power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."~ Gonzales v. Raich addressed the concerns of two California individuals growing and using marijuana under our state's medical marijuana statute. The court explained that under the Controlled Substances Act marijuana is a Schedule I drug and is strictly regulated. "Schedule I drugs are categorized as such because of their high potential for abuse, lack of any accepted medical use, and absence of any accepted safety for use in medically supervised treatment."K The court ruled that the Commerce Clause is applicable to California individuals growing and obtaining marijuana for their own personal, medical use. Under the Supremacy Clause, the federal .regulation of marijuana, pursuant to the Commerce Clause, supersedes any state's regulation, including Californ.ia's. Th.e court found that the California statutes did not provide any federal defense if a person is brought into federal. court for cultivating or possessing marijuana. Accordingly, there is no federal exception for the growth, cultivation, use or possession of marijuana and all such activity remains illegal.9 California's Compassionate Use Act of 1996 and Medical Marijuana Program Act of 2004 do not create an exception to this federal law. Al.l marijuana activity i absolutely illegal and subject to federal regulation and prosecution. California Law On November 5, 199b, California voters adopted Proposition 215, an initiative statute authorizing the medical. use of ma~~ijuana. "' The initiative added Health and Safety code section 1.1362.5 which allows "seriously i.11 Californians the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician ...."1' The codified section is known as the Compassionate Use Act of :1996.'z Additionally, the state legislature passed Senate Bill. 420 in 2003; i.t became the Medical Marijuana Program Act and took effect on January 1, 2004.13 This act expanded the definitions of "patient" and "primary caregiversl~ and created guidelines for identification cards.15 It defined the amount of marijuana that "patients" and "primary caregivers" can possess.' It also created a Iimi.ted affirmative defense to criminal prosecution far qualifying individuals that collectively gather to cultivate medical marijuana.l~ Despite their illegality, the medical marijuana laws in California are specific. The statutes craft narrow affirmative defenses for particular individuals with respect to enumerated marijuana activity. All conduct, and people engaging in it, that falls outside 75A-66 of the statutes' parameters remains illegal under California law. Relatively few individuals will be able to assert the affirmative defense i.n the statute. To use it a person must be a "qualified patient", "primary caregiver", or a member of a "cooperative". Once they are charged with a crime, if a person can prove an applicable legal status, they are entitled to assert this statutory defense. A strict construction of California law The California Attorney General, Bill Lockyer, has also spoken on medical marijuana. His office issued a bulletin to California law enforcement agencies on June 9, 2005. The office expressed the opinion that Gonzales v. Raich did not address the validity of the California statutes and, therefore, had no effect on California law. The office advised law enforcement to not change their operating procedures. The Attorney General made the recommendation that law enforcement neither arrest nor prosecute "individuals within the legal scope of California's Compassionate Use Act." When California's medical marijuana laws are strictly eonsta~ued our two offices come to a point of agreement. We believe that Gonzales v. Raich does afi~ect California law. However, we also acknowledge that the California statutes offer some legal protection to "individuals within the legal scope oP' the acts. The medical. marijuana laws speak to patients, primary caregivers, and true collectives. These people are expressly mentioned in the statutes and, if their conduct comports to the law, may have some state legal protection for specified marijuana activity. Conversely, all medical marijuana establishments that fall outside the letter and spirit of the statutes are not legal; including dispensaries and store-front facilities. These establishments have no legal protection. The Attorney General's opinion does not present a contrary view. Conduct Health and safety code sections 11362.765 and 1.1362.775 describe the conduct for which the affirmative defense is available. If a person qualifies as a "patien.t", "primary caregiver", or is a member of a legally recognized "cooperative" they have an affirmative defense to possessing a defined amount of marijuana. Under the statute no more than eight ounces of dried marijuana can be possessed. Addi.tional.ly, either six mature or twelve immature plants may be possessed.ls Note that if someone claims patient or primary caregiver status, and possesses more than this amount of marijuana, he can be prosecuted for drug possession. The qualifying individuals may also cultivate, plant, harvest, dry, and/or process marijuana; but while still strictly observing the permitted amount of the drug. The statute may also provide a limited affirmative defense for possessing marijuana for sale, transporting it, giving it away, maintaining a marijuana house, knowingly providing a space where marijuana can be accessed, and creating a narcotic nuisance. ~~ However, for anyone who cannot lay claim to the appropriate status under the statutes: all instances of marijuana possession, cultivation, planting, harvesting, drying, processing, possession for the purposes of sales, completed sales, giving away, administration, transportation., maintaining of marijuana houses, knowingly providing a 75A-67 space for marijuana activity, and creating a narcotic nuisance continue to be illegal under California law. Patient Under section ] 1362.5(b)(1}(A}, a patient is anyone a physician has determined will benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, ~laucoma, arthritis, migraine, or any other ill»,ess for which marijuana provides relief zc A physician's .recommendation that indicates medical marijuana will benefit the treatment of an illness is required before a person can claim to be a medical marijuana patient. Accordingly, such proof is also necessary before a medical marijuana affirmative defense can be claimed. 3. Primary Caregiver A primary caregiver is an individual who has "consistently assumed responsibility far the housing, health, or safet of a patient".21 The statutory definition includes some clinics, health care facilities, residential care facilities, and hospices. I,f more than one patient designates the same person as the primary caregiver, all individuals must reside in the same city or county. In most circumstances the primary caregiver must be at least 18 years of age. It is important to note that it is almost impossible for astore-front medical marijuana business to gain true primary caregiver status. Businesses that call themselves "cooperatives", but function like store-front dispensaries, suffer this same fate. In People v. Mower, the court was very clear that the defendant had to prove he was a primary caregiver in order to raise the medical marijuana affirmative defense. Mr. Mower was prosecuted for supplying two people with marijuana.22 He claimed he was their primary caregiver under the medical. marijuana statutes. This claim required him to prove he "consistently had assumed responsibility for either one's housing, health, or safety" before he could assert the defense.' The key to being a primary caregiver is not simply that medical marijuana is provided for a pati.ent's health: the responsibility for the health must be consistent. Any relationship astore-front medical marijuana business has with a patient is more likely to be transitory than consistent. A patient can go to any dispensary he chooses. He can even visit different ones on a single day or any subsequent day. 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 relationship between patient and primary caregiver must be consistent over time. Any business that cannot prove its relationship with the patient meets these requirements is not a primary caregiver. Functionally, the business is a drug dealer and is subject to prosecution as such. 4. Store-front medical marijuana cooperatives and dispensaries Since the passage of the Compassionate Use Act of 1996, many store-Eton. t medical marijuana businesses have opened in the state.24 Some are referred to as 4 75A-68 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 county, As discussed above, all such store-front medical marijuana businesses are illegal. Consequently, all are subject to criminal prosecution. Practical Issues in California A. How existing dispensaries operate Despite their clear illegality, some cities do have existing and operational dispensaries. Assuming arguendo, that they may operate, it may be helpful to review the mechanics of the business. The former Green Cross dispensary in San Francisco illustrates how a typical medical marijuana dispensary works.' A guard or employee may check for medical marijuana cards or physician recommendations at the entrance. Many types and grades of marijuana are usually available. Sales clerks wil l probably make recommendations about what type of marijuana wrli best relieve a given medical symptom; although employees are neither pharmacists nor doctors. Baked goods containing marijuana may be available and sold; although there is usually no health permit to sell baked goods. The dispensary will give the patient a form to sign declaring that the dispensary is their "primary caregiver" (a process fraught with legal difficulties). The patient then selects the marijuana they want and is told what th.e "contribution" will be for the product. The code specifically prohibits the sale of marijuana to a patient so "contributions" are made to reimburse the dispensary far its time and care in making "product" available. However, if a calculation is made based on the figures in the article, it is clear that these "contributions" can easily add up to millions of dollars per year. That is a very large cash flow fora "non-profit" organisation denying any participation in the retail sale of narcotics. Before its application to renew its business license was denied by the City of San Francisco, there were single days that Green Cross sold $45,000.00 worth of marijuana. On Saturdays, Green Cross could sell marijuana to forty-three patients an hour. The marijuana sold at the dispensary was obtained from growers who brought it to the store in backpacks. A medium-sized backpack would hold approximately $16,000.UO worth of marijuana. Green Cross used many different marijuana growers. It is clear that dispensaries are running as if they are businesses, not legally valid cooperatives. Additionally, they claim to be the "primar}~ caregivers" of patients. This is a spurious claim. As discussed above, the term "primary caregiver" has a very specific meaning and defined legal qualifications. A primary caregiver is an individual who has "consistently assumed responsibility for the housin ,health, or safet of a patient".~'' The statutory definition includes some clinics, health care facilities, residential care facilities, and hospices. If more than one patient designates the same person as the primary caregiver, all individuals must reside in the same city or county. In most circumstances the primary caregiver must be at least 18 years of age. It is almost impossible for astore-front medical marijuana business to gain true primary caregiver status. A business would have to prove that it "consistently had assumed responsibility for [a patient's] housing, health, or safety."~4 The key to being a primary caregiver is not simply that medical marijuana is provided for a patient's health: the responsibility for the patient's health must be consistent. 75A-70 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 and served search warrants on several medical marijuana locations. In addition to marijuana many weapons were recovered, including a stolen handgun and an M-16 assault rifle.4' The National Drug Intelligence Center reports that marijuana growers are employing armed guards, using explosive booby traps and murdering people to shield their crops. Street gangs of all national origins are involved in transporting and distributing marijuana to meet the ever increasing demand for the drug.4? Store-front medical marijuana businesses are very dangerous enterprises. C. Liability Issues With respect to issuing business licenses to medical marijuana store-front facilities a very real issue has arisen: counties and cities are arguably aiding and abetting criminal violations of federal law. Such actions clearly put the counties permitting these establishments in very precarious legal positions. Aiding and abetting a crime occurs when someone commits a crime, The person aiding that crime knew the criminal offender intended to commit the crime, and the person aiding the crime intended to assist the criminal offender in the commission of the crime. The legal definition of aiding and abetting is easily applied to counties and cities allowing medical marijuana facilities to open. A county that has been informed about the Gonzales v. Raich decision knows that all marijuana activity is federally illegal. Furthermore, such counties know that individuals involved in the medical marijuana business are subject to federal prosecution. When an individual in California cultivates, possesses, transports, or uses marijuana he is committing a federal crime. A county issuing a business license to a medical marijuana facility knows that the people there are committing federal crimes. The county also knows that those involved in providing and obtaining medical marijuana are intentionally violating federal taw. This very problem is why some counties are re-thinking the presence of medical marijuana facilities in their communities. There is a valid. fear of being prosecuted for aiding anal abetting federal. drug crimes. Presently, two counties have expressed concern that California's medical marijuana statutes have placed them in such a precarious legal position. Because of the serious criminal ramifications involved in issuing business permits and allowing store-front medical marijuana businesses to operate within their borders, San Diego and San Bernardino Counties have filed a lawsuit against the state. They seek to prevent California from enforcing the medical marijuana statutes which subject them to criminal liability. Conclusion. In light of the United States Supreme Court's decision and reasoning in Gonzales v. Raich, the United States Supremacy Clause renders California's Compassionate Use Act of 1996 and Medical Marijuana Program. Act of 2004 illegal. No state has the power to grant its citizens the right to violate federal law. People have been, and continue to be, federally prosecuted for marijuana crimes. We conclude that medical marijuana is not legal under federal law, despite the current California scheme. Furthermore, store-front medical marijuana businesses are prey for criminals and create easily identifiable victims. The people growing the marijuana are looking to and 75A-72 employing illegal. means to protect their valuable cash. crops. Many distributing marijuana are hardened criminals.44 The others distributing marijuana to the businesses are perfect targets for thieves and robbers. They are being assaulted, robbed and murdered. Those buying and using medical marijuana are also being victimized. Additionally, illegal medical. marijuana facilities have the potential for creating liability issues for counties and cities. The Riverside County District Attorney's Office believes that the cooperatives being considered are illegal and should not be permitted to east within the County's border's. They are a clear violation of federal and state law, they invite more crime, and they compronuse the health and welfare of the citizens of this County. ` Ten other states have enacted medical marijuana laws in some fashion: Alaska, Arizona, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont, and Washington. 2 Stack, Inhaling to cure. ailments is a lot older than you might believe (October 27, 2002) Time Magazine. Zimmerman, Is Marijuana the Right Medicine for You (1998) chapter 3. a "Medical" Marijuana - the Facts United States Drug Enforcement Adminisu•ation, www.usdoj.gov. s U.S. Const. art. VL, cl. 2. e iJ.S. Const. art. I, section 8, cl. 3. ~ Gonzales u. Rai.ch, supra, 1.25 S.Ct. at page 2204. Id., see also Urxited States v. Oakland Cannabis Buyenr' Cooperative (2001) 121 S.Ct. 1711, 171.8. ~ Id. 10See People v. Mower (2002} 28 Ca1.4"' 457, 463. `' Health and Safety Code section 11362.5(b) (1} (A}. All references hereafter to the Hea][h and Safety Code are by section number only. is 1.1362.5(a). " 11.362.7 et. sey. ''' 11362.7. is 11362.71 - 11362.76. '~ 11362.77. " 11362.765; 11.362.775; People v. tJrziceanu (2005) 132 Ca1.App.4°i 747, 78fi. is 11362.77 '~ l 1357, 11358, ] 1359, 113GU, 11366, 11366.5, and 11570. 20 HS 1.1362.7(h) gives a more comprehensive list -AIDS, anorexia, arthritis, cachexia, cancer, chronic pain, glaucoma, migraine, persistent muscle spasms, seizures, severe nausea, and any other chronic or persistent medical symptom that either substantially limits the ability of a person to conduct one or more life activities (as defined in the ADA) or may cause serious htu-m to the patient's safety or physical or mental health i:f not alleviated. '' HS 11362.5(e); HS 1.1362.7(d)(1), (2),(3), and (e); see also People: ex rel. Lungren v. Peron (1997) 59 Cal.App.4'~ 1383, 1395. zz People v. Mower, supra, 28 Ca1.4'h at 476. Z' /d emphasis added. '4 For a statewide list: httpa/canorml.org/prop/ebclist.hgnl. zs McClure, Fuming Over Pot Clexbs (7une 2006) California Lawyer Magazine. z~ 11362.765(c); see, e.g. Ur,,>,iceunu, supra, 132 Ca1.App.4`h at page 764. 2' Gonzales v. Raich, supra, 125 S.Ct. at page 2195. za People v. Urziceanu (2005) 132 Ca1.App.4°i 747; see also HS 11362.765. ''`' Pack.el, Organization and Operation of Cooperatives (4th ed. 1970) American Law Institute (1970) pp. 4- 5; italics added. 7° 11362.7(d)(1). 31 As of August 2006, the store CannaHelp leases is undergoing renovations and it is not currently o~erating out of that fac'slity; it is unknown if it is operating out of another location. ' See e.g, McClure, Fuming Over Pot Clxrbs (June 2006) California Lawyer Magazine. 9 75A-73 31 HS 11362.5(e); HS 11362.7(d)(1}, (2),(,), and (e}; see also People ex rel. Lun,t;ren v. Peron. (1997) 59 Ca1.App.4"' 1383, 1.395. '~ People v. Mower, supra, 28 Ca1.4°i at 476, emphasis added. a5 Scaramella, Nu Good Deed Goes Unpunished, (June 16, 2004) www.theava.com. ~`' Graham, Police Link Suspect to Pnt Club Robbery, (August ~?, 2006) www.insidebayarea.com. j' Clark, Brealci.ng News: Medical Marijuana Supplier Les Crane Killed, (November 19, 2005) Ukiah Baity journal; C.larlc, Les Crane Murder hrvestigtition Continues, (November 27, 2005) Ukiah Daily Journal. ax Planning Commission Agenda, evww.el-cerrifo.or<~; El Cerrito Bcuts Ui.rpensaries, www.420girls.wm. 39 Indy Staff, Medical Moa-ijuczna Shop Robbed, (August 10, 2(K)6) San[a Barbara .independent. °0 Ortega, City bans outlets for mectical marijuana, (August 28, 2006) San Gabriel Valley Tribune. ' ~ Id. a2 Crime statistics, www.sandiego.gov. a3 National Drug Intellige<ice Center, Marijuaut (January 2001) www.usdoj.gov. ~'' !d. 10 75A-74 El Cerrito Police Department Memorandum January 12, 2007 To: Scott C. Kirkland Chief of Police From: Commander M. Regan Subject: Recent Information Regarding Marijuana and Dispensaries As we have discussed, I have continued to follow current events as they relate to Marijuana and Dispensary related issues. I have assembled some of the information I have collected into four categories, irrunerging trends, secondary effects, ordinance related stories and medical. issues. A majority of the entries are excerpts from news articles obtained from the Internet. Immerging Trends: Reports from Californian, National and Canadian sources suggest that there will be a significant increase in "in-door grows" as a means of producing marijuana. These type of grows are becoming popular in that they axe more difficult to detect than out door grows and the controlled enviromnent allows up to four growing "seasons" per year dramatically increasing the output per square foot utilized and therefore increasing the profit potential. As demonstrated in these articles and our own experience, these grows can take place anywhere and the growers will no doubt take steps to protect their investment by arming themselves and possibly using booby traps. There is intelligence to suggest that the larger in-door grows are connected to organized crime factions. As these operations are set up in communities, these communities can expect the associated crimes that accompany this type of endeavor; murder, robbery, arson, extortion etc. Another factor we know from experience is the money made from the sales of illicit drugs are often used for other criminal. enterprises. Grow-op bust a snapshot of market High-rise seiaure of ,;I6-million in pot reflects Canada's major-source status, police officials say TIMOTHYAPPLEBYAND NICOLE O'REILLY In all, 18 soil-filled apartments in the same Jane Street. high-rise were found to have been transformed into indoor gardens, bursting with an estimated $6-million worth of plants. Current police intelligence suggests there are up to 1.0,000 marijuana grow-ops in the Greater Toronto Area...As for that $b-million figure -- based on expectations of a $1,000 yield for each of the 6,000-plus plants seized, "that's not out of line at al.l," Supt. Allen said. And if shipped across the U.S. border -- as are hundreds of tonnes of Canadian marijuana. each year, most commonly concealed in trucks -- the profit could be two or three times as much. That price differential -- a half kilogram of high-grade marijuana. worth upward of $1,600 in Canada is worth at least $3,000 (U.S.).... 75A-75 Also unsurprising, in light of arrest patterns on both sides of the border, is that two of the three men charged in Thursday's raids are of Vietnamese origin. The other man is listed as the building's superintendent.....itbas long been recognized by police that a sizable chunk of Canada's lucrative marijuana industry, whether hydroponic or soil-based, as with this particular crop, is run. by criminal entrepreneurs of Vietnamese origin. There is no monopoly within the pot industry. The Hells Angels, who are almost entirely white, have been profiting from it for years, particularly in British Columbia, where the business first took root. A U.S. Department of Justice report on the cross-border narcotics industry released this month nonetheless concluded that "high-potency marijuana production, smuggling and distribution by Canada-based DTOs [drug-trafficking organizations] primarily of Vietnamese ethnicity, is increasing." As well, Canada-based Asian crime syndicates are n.ow the predominant distributors of the drug ecstasy (MDMA), the report states.....As with many of the roughly 250 grow-ops shut down. in Toronto last year, the police who raided the Jane Street high-rise said yesterday they suspect the haul was destined for export..... Videotape of two of the raided apartments, shown to reporters, provided a glimpse of how things worked. In one apartment the kitchen contained the young plants, while the two bedrooms were for the next two stages of growth. In the apartment next door, the marijuana was dried, with holes drilled through walls to run the watering system and provide ventilation. Strategically placed pictures and furniture served. as props, in the event that somebody glanced through an open door, Detective Dave Malcolm said, noting that the threat of fires, mould and discarded fertilizer posed a real threat to the building's 700 residents. "The people that are doing this, they really don't ca~•e," he said. Indeed, a marijuana grow-op caused a fire in April, though it was unclear whether it was connected to this multi-pronged operation, which police suspect was running for about a year..... Owner Harry Birman.....reckoned the episode will likely cost him about $25,000 in repairs and lost rent. Source: Httpa/www.theglobeandmail.com/servlet/stor l~ LAC.20061I25.GROW25/TPStory/TPNa tional/Ontario/ Brentwood police discover multi-house marijuana farm BR1/NTWOOD -Two men were arrested Friday after Brentwood police found a "sophisticated" marijuana-growing operation spread across three homes....are suspected of growing up to $SOO,000 worth of marijuana in specially renovated houses they rented....Police were called to the house on Pebble Beach .Drive midday Friday after the homeowner became suspicious when he arrived to appraise the building. The house had been cleaned out by the time police arrived, Silva said, but investigators found soil, growing lights and a handful of marijuana leaves on the property. Authorities served search warrants on the other two houses and found bagged marijuana and about 120 2-foot-tall plants. The growers had installed loud fans and insulated the doors to contain the smell, Silva said. Source: Http://www.mercurynews.com/mld/mercurvnews/news/breaking news/16304454 htm 2 75A-76 Oakland cops raid three houses in pot bust Police say more than $1 million of marijuana seized and two arrested in family-run operation By Hairy Harris, STAFF WRITER Article Last Updated: 12/16/2006 OAKLAND - At least $ I million worth of marijuana, including almost 1,300 thriving plants, was found at three houses used in a family-run cultivation and distribution operation, police said Friday.....Gang Unit Officer Doug Keely said police received information that Hin Hoang was a major marijuana dealer throughout Oakland who always carried a gun and grew th.e marijuana at three houses.... Each house had sophisticated growing operations, including timers, lighting, heaters, plant food, irrigation and ventilation systems, Keely said. ILeely confrmed Hin Hoang was wanted by San Francisco authorities on a no-bail warrant for failing to appear in court on concealed weapon and marijuana charges. He also is on probation. for a gun conviction, police said. He was spotted about noon Thursday driving away from the Coolidge Avenue house in a Lexus and was stopped by Gang Unit Officer Gino Guerrero. Kee1y said Hoang had about $1,000 worth of crystal methamphetamine on him, and asawed-off shotgun was found in the car. After the car stop, Gang Unit officers joined by Targeted Enforcement Task Force officers raided the three houses. A total of 1,298 plants, ranging from less than a foot high to several feet tail were found at the three houses, as well as more than 20 pounds of dried marijuana ready for sale. Keely said the Coolidge and. Dolores houses, which Hin Hoang rented under other names, were used strictly to grow marijuana, and the family had built an addition to the Foothi}l house for the weed..... Besides the marijuana at the Foothill house, police also found $40,000 in cash, transaction records that included nicknames of clients, and an assault rifle and bulletproof vest in Hin Hoang's bedroom. Hin's mother and father were at the Foothill house and admitted involvement in the operation, Keely said. The mother said the family "needed the money" the marijuana generated. Police confiscated the father's 2006 Mercedes E320. Besides his parents' involvement, Keely said Hin Hoang employed others to tend to the crops, paying them at least $100 a day. Source: http://www.insidebayarea.com/localnews/ci 4852099 Trio faces amplified drug charges manufacturing charges filed for trio in pot case SAN RAMON: Trial fuels debate between medical marijuana advocates and law enforcement officials By Bruce Gerstman CONTRA COSTA TIMES A fire and explosion in a suburban San Ramon garage in February exposed alesser- .known form of marijuana and ignited a debate about its safety. Prosecutors say three men were mixing butane with. crushed marijuana leaves to extract what is known as honey oil, a concentrated form of cannabis, which was going to be used in a medical marijuana dispensary. In what county prosecutors call a first for a marijuana case, the District Attorney's Office has fixed charges against the three men for manufacturing a controlled substance -- a charge usually associated. with methamphetamine and rock. cocaine. A conviction on the charge carries a penalty more than double that of cultivation charges. "If you're going to say this is medicine, then the public has a right to know how it's made," said deputy district attorney Dana Fillcowski. The District Attorney's decision brings out a dispute between law enforcement officials who say the manufacturing process might harm sick people and medical marijuana advocates who say butane use poses no health risk and patients know about the process...... 75A-77 They are charged with manufacturing a controlled substance, cultivating marijuana, possessing marijuana for sale, conspiracy and poisoning. The trio appeared last week in Contra Costa Superior Court in Walnut Creek where a judge reduced their bail from $1.2 million to $620,000 each. They have pleaded not guilty. Their attorneys did not return calls to the Times. Filkow.ski .said they were malting oil for Ken Estes, owner of a Riclzmand medical rrzariiuanu dispensary, who was arrested last month when police pulled his truck over on a routine traffic stop and found 27 pounds of marijuana inside. Honey oil is produced by extracting THC from marijuana Ieaves..Butane is added to crushed marijuana to separate the chemical from the leaves. Users consume the oil in food or smear it on cigarettes or marijuana joints.....Filkowski said the men were working with dozens of canisters of butane, which could have been ignited by even a small spark. She said the idea behind the manufacturing charge, which carries a sentence of up to seven years in state prison, is that the then used the butane to transform one material into another with different properties. "It turns the marijuana into another substance," she said... A half-dozen doctors who prescribe medicinal cannabis contacted by the Times said they were aware of the oil, but did not know how safe it is. Sausalito- based physician and psychiatrist Eugene Schoenfeld said butane might pose a threat of explosion to the makers, but not to the patient. "I don't tlunk there would be enough butane in the hash oil. to affect people," he said. "I don't think the butane is much of a danger to the consumer." Dydek said people who consume the oil are not at risk. "(The butane) would tend to dissipate. It doesn't tend to hang around very long," Dydek said. "The toxicity of butane is not very great. "I think there would be more problems with. people manufacturing it," he said. Source: CONTRA COSTA TIMES High-tech 'pot factories' popping up in suburban homes in California By DON THOMPSON Associated Press Writer ELK GROVE, California- Leon Nunn stepped out his front door one recent afternoon only to be waved back by a squadron of drug agents using a battering ram on a neighbor's home. The $500,000 home in the quiet subdivision was stuffed with high-grade marijuana, plants covering nearly every square foot. Th.e bust is one example of a phenomenon that has come to light recently in subdivisions around Sacramento, the capital of California. Marijuana growers with suspected. ties to Asian organized crime have been buying suburban homes many in newer developments because of the anonymity the dnig dealers believe the neighborhoods afford. They close the blinds and get to work gutting the inside, converting otherwise nondescript tract homes into the latest battleground in the state's campaign against marijuana cartels.....The Nun.ns installed security lights and. cameras and said some of their neighbors are talking of moving away...... More than three dozen homes have been found to be hiding marijuana groves in just the past seven weeks, most in. Sacramento, Elk Grove and Stockton. Like the others, the home on Elk Grove's Mainline Drive had been converted to what law enforcement officials call a hothouse, with 1,000-watt lights for growing and irrigation networks feeding high-tech hydroponic growing systems. Walls anal ceilings were smashed to allow for complex ventilation and ai.r filtration systems that vented the telltale odor through the attic. 4 75A-78 A web of extension cords and makeshift electric panels illegal y tapped into the outside grid to avoid detection and save thousands of dollars in power bills. Hundreds of thousands of dollars were spent to convert each of the homes to grow millions of dollars worth of marijuana. Most of the targeted homes were purchased for between $400,000 and $600,000.... "They're going into these cookie-cutter communities and making cookie-cutter marijuana factories," said Gordon Taylor, who heads the U.S. Drug Enforcement Administration region that runs from Bakersfield to the Oregon border. "All of a sudden, (the neighbors) have an organized crime marijuana factory right next to them. It's alarming." Some neighbors said they were too frightened. to be quoted..... For a1I the sophistication of the operations, many neighbors said they were suspicious because the owners neglected to mow or water their lawns. "We suspected it, when you spend $500,000 on a home and let it go to pot, so to speak," said Marilyn. Smith, wh.o lives across from another Elk Grove home that was converted to a marijuana factory.....Thephenornenon began in British Columbia, Canada, where Vietnamese organized crime outfits gutted houses to grow potent "B.C. Bud" that can sell for $5,000 or more a pound {450 grams} in the United States, said Corporal. Pierre Lemaitre of the Royal Canadian Mounted Police. Growers headed south to avoid increased border protections after the 2001 terrorist attacks. "It's definitely a concerted c1fvrt by Asian vr~anized crime eroarps in Canada to move earl of their operation down tv the United States, "said Rodney Benson the DEA's special went in charge of Washington 4r~on Alaska and Idaho. The Central Uallev home s are linked tv San Franci s•co's Chinatown and have "all the markings ofAsian organized crime "said the DEA's Taylor Five San Francisco residents were charyed with federal marijuana crimes last month in connection with some of the busts in Elk Grove. Police in Elk Grove and Stockton have arrested several other people in recent daLs. The Internal Revenue Service also is tracing the homes' owners. Until now, West Coast law enforcement agencies have been. more concerned about large-scale outdoor marijuana gardens, which often are planted on public forests or park land by violent Mexican drug cartels.....The Drug Enforcement Agency reported a 50 percent increase in indoor farms last year, Taylor said. Those operations have several advantages: They can't be spotted by an airplane or hunter, and the plants also can be grown year-round. Source: http://www.poIiceone.com/drug-interdiction-narcotics/articles/1.1.79674/ Los Angeles :Home Turns into Burning Joint Updated: January 2nd, 2007 01:05 PM PDT RON MYERS Los Angeles Fire Department On Monday, January 1, 2007 at 2:42 AM, sixteen Companies of Los Angeles Firefighters, four LAFD Rescue Ambulances, two Arson Units, one Urban Search and Rescue Unit, one Rehab Unit, one Hazardous Materials Team, two EMS Battalion Captains, three Battalion Chief Officer Command Teams, one Division Chief Officer Command Team, alt under the direction of Battalion Chief Robert Rose responded to a Greater Alarm Structure Fire.....It took 1 0 Firefighters one-half hour to gain control of the fire and ensure that no residents were trapped within the house.. ,.During firefighting operations it was noted that the only furniture contained within the home was a table, couch, and two beds. 75A-79 The entire home was filled with Marijuana plants, in various stages of growth and production....Firefighters remained on scene for over 12 hours assisting LAPD with the investigation and scene management..... The cause of the fire is listed as electrical anal the loss is estimated at X330,000. Source: http•//~~~ww officer com/article/article.jsn?siteSection=l&id=34230 Marijuana-filled home uprn smoke EL SOBRANTE: Authorities find evidence of more than 1,000 plants, say about two- thirds were destroyed i.n blaze By Karl Fischer CONTRA COSTA TIMES Firefighters extinguishing a house fire in the El Sobrante hills over the weekend discovered a large cache of marijuana plants growing inside, state authorities said Monday. Agents from the West Contra Costa Narcotics Enforcement Team recovered about 380 plants from inside the house......."We believe that represents about one-third of the operation," Ladeck said. "The rest appeared to have been destroyed in the fire."..... While putting out thetwo-alarm blaze, however, firefighters did discover an elaborate indoor marijuana farm. More than 700 plants burned, authorities said. The cause of the fire remains under investigation, Hopkins said, and estimates of the damage were not available. The neighborhood is in an expensive section of West County ....Authorities have made no arrests in the case but continue to investigate, Ladeck said. Reach. Karl Fischer at 510-262-2728 or kfischer~aicctimes.catn. Source: http•/lwww contracostatimes com/mldJcctimes/news/16.167334.htm SAN BRiJNO Police blow up pipe bomb found in home Sabin Russell, Chronicle Staff Writer Tuesday, January 2, 2007 SaJ1 Mateo County explosive experts safely detonated a pipe bomb found at the San Bruno home of a suspect arrested in connection with the discovery of a large indoor marijuana-growing operation 3 miles away.....The pipe bomb was found under Seits' bed in a room where investigators also found a handgun and clips of ammunition, officials said. Neighbors were evacuated, and the San Mateo County Bomb Squad was called to the scene. They detonated the bomb at the home at about 6 a.m., according to official reports. Seits' arrest followed the discovery of an indoor pot farm by San Bruno firefighters who were called to extinguish a fire at a rented house on the 31.00 block of Fleetwood Drive.....Narcotics investigators said they found 1,298 marijuana plants inside the house, as well as a small quantity of buds and some big guns: an AK-47 with. 100- roundmagazines and ahigh-powered rifle with a sniper scope. "It was fortunate the way these weapons were discovered, in an etnpt~~ home," Capovilla said. "To see that sort of firepower in such a quiet neighborhood, it could have made the day ugly for law enforcement." The street value of the marijuana was estimated at more than ~1 million. E-mail Sabin Russell at srusselll~sfchronicle.com. Source: http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/O1/02/BAGVRNBDJNI.DTL 75A-80 Indoor .Marijuana Gardens According to a California D.O.J. Intelligence report dated November 2006 (Vol.. 71) the number of indoor Marijuana gardens has increased 49% from 2004 to 2005 with Asian Organized Crime groups dominating the indoor marijuana gardens, while Mexican nationals dominate the outdoor gardens. Homes are being used for the sole purpose of cultivating marijuana. Indoor marijuana gardens are more profitable due to the climate controlled. conditions which yield three to four harvests a year and are more easily concealed than outdoor grows. "It is suspected more criminal organizations will become involved with indoor marijuana gardens due to the minimal risks and. huge profits." Good year for bud busts most marijuana seized in S.B. County in past 15 years By Melissa Pinion-Whitt, Staff Writer Article Launched: 12/26/2006 12:00:00 AM PST The Sheriffs Department found and removed more than 97,000 plants, the most since ].991. The county also ranked fifth in the state for plants seized with the assistance of a state eradication group...... Law-enforcement officers assigned to marijuana farms say the county's high raiilcing this year is due to more and more growers discovering the San Bernardino National Farest is ideal for concealing their lucrative enterprises......The Department of Justice said 2006 was arecord-setting year for pot plant seizures, with. 1.7 million plants removed mostly from public lands such as state and national parks and forests. That's an increase of about 540,000 plants over 2005. The plants were worth an estimated $6.7 billion. The department's Campaign Against Marijuana Planting, or CAMP program, conducted 477 raids in 34 counties during the growing season, which typically starts in late July and ends as late as November, depending on the weather. Marijuana seizures in 2006 under the Campaign Against Marijuana Planting Total plants seized: 1,675,681. Estimated value: $6.7 billion Raids: 477 Arrests: 27 Weapons seized: 29 1. Lake - 314,603 6. Riverside - 84,752 2. Shasta - 227,488 7. Sonoma - 73,460 3. Mendocino - 135,736 8. Trinity - 68,544 4. Fresno - 102,814 9. Humboldt - 59,616 5. San Bernardino - 91,286 10. Santa Clara - 52,416 Source: htt~://www.dailybulletin.com/newslci_4901173 Marijuana crop ruins iVlt. Diablo's rare plants By Denis Cuff CONTRA COSTA TIMES In their most. recent trashing of California's environment, pot growers destroyed rare plants on Mount Diablo land that conservationists are buying to protect fragile wildlife and plants. The growers sneaked onto the 208-acre ranch land in the hills above Concord to hack an opening in a thicket of desert olive, the group Save Mount Diablo said. 75A-81 The olive plant, a leftover from long ago when the Bay Area resembled. a desert, is found only in two or three places in the counry.....Investigators from the Sheri.fi's Office came out and verified that the site was not booby-trapped. before conservationists started the cleanup, said Seth Adams, Save Mount Diablo programs manager..... With tighter border controls since the. Sept. 11, 2001, terrorist attacks, drug dealers are finding it easier to grow pot in th.e United States rather than smuggle it in, state and federal authorities say....But they left a significant wound on a fragile mountain area that supports two other rare plants besides the desert olive, which grows an inedible olive..... "These plants are so rare we want to protect the few that are left," Adams said. "This is a biological hot spot because of the diversity of rare plants and animals." The crew removed traps meant to kill pests that might have danlaged the crop. On Mount Diablo, however, the traps could have killed threatened Alameda whipsnakes that like to hide in thickets.....About 75 percent of the marijuana seized during the state's annual Campaign. Against Marijuana Planting this year came from parks and public lands, according to Attorney General Bill Lockyer.....Growers also left a path of environmental destruction in the Point Reyes National. Seashore in Marin County, where 43,000 plants were seized in August and September in nine locations...."These massive plantings are threatening the very mission of our parks: to preserve our natural resources and environment and. provide a safe place for visitors," said John Del]'Osso, the Point Reyes chief of interpretation. To irrigate their crops, growers tapped into local streams, leaving less for federally protected coho salmon and steelhead. Pesticide runoff from the pot farms may have poisoned creeks and soil. Park workers also worry tl-iat terraces carved into steep slopes are ripe for erosion during winter, possibly polluting creeks anal smothering fish spawning areas. The pot farm caretakers were apparently armed, too, because they left behind gun shells. Reach. Denis Cuff at 925-943-8267 or d.cuff c~cctimcs.com. Recent Law Enforcement Actions: These are incidents involving Iaw enforcement D)JA, IRS, Modesto Police Raid. Medical Marijuana Business Written for the web by C. Johnson, Internet News Producer Written for the web by Elizabeth Bishop, Senior Internet News Producer Agents from the Drug Enforcement Administration, the Internal Revenue Service and. the Modesto Police Department raided what they say is one of the biggest medical marijuana dispensaries in Northern California. This morning, officers went to the California Healthcare Collective...to serve seven search warrants.....Between the business and several residences named in the warrants, agents recovered 60 pounds of marijuana, 30 pounds of baked. goods laced with marijuana, two pounds of hashish, three loaded guns, $16,000 in cash., a 2007 Mercedes-Benz and a 2006 Dodge pick-up truck.....In the investigation, a DEA spokesman. said as many as 400 people a day were going into the Collective, Undercover agents were able to use fake identification. and fake physician prescriptions to buy marijuana. They observed individuals coming into the shop, buying marijuana and then selling it in the shop's parking lot. The collective employed security guards making between $120 and $150 an hour. There was an ATM and amoney- counting machine inside the business. 75A-82 Quarterly financial. statements on record with. the city showed tl~e Collective took in $125 million in the first two quarters of 2006. The DEA said they've raided seven such operations calling themselves marijuana dispensaries and today's operation. was by far the largest. Source: http://www.newsl0.net/storyfu112.aspx?storyid=20305 SAl`dTA CRI1Z MAN >FACII~TG MARIJUANA DISTRIBUTION CI-r.ARGES 12!l 3/06 4:40 PST SANTA CRUZ (BCN) A Santa Cruz man is expected in court Friday to face charges connected with what the Santa Cruz County Sheriffs Office described as one of the biggest marijuana busts of the year, sheriffs Sgt. Steve Carney said today. Last Friday, Santa Cruz County sheriffs deputies seized 100 pounds of high-grade marijuana bud and $35,000 cash.... That search resulted in the seizure of $489,225 in cash from a locker that belonged to Hoey, Carney said. In addition to the cash at leis residence and i.n the storage locker, police seized another $330.000 from his bank. account and the Sheriffs Office expects to seize even more money from another account, Carney said. The marijuana was packaged in different bags weighing different amounts suggesting the intent to distribute, Carney said. Deputies also confiscated a money counting machine, a scale and other items they believe are related to distribution of marijuana.Hoey's defe~xse attorney, Ben Rice, said taday his client was distributing only to one of Santa Cr-uzs two medical marii1~ana dispensaries and only,for medical mariizsana patients. "The only people he provided to were medical marijuana patients," Rice said. "It's a gray area in our law," Rice said. "The problem with current laws in. California is there are no guidei.ines regarding how people are to get their medicine." "My client is the person who provides one of these dispensaries with the bulk of their medicine," Rice said. "It sounds like a lot of marijuana but it's really just a month's supply." Hoey has one previous conviction for cultivation in 1988, eight years before the medical marijuana measure Proposition 21.5 passed in 1996, Rice said. 2 Arrested In Fed Raid On Hayward Med Pot Co-op (BCN} Bay City News Service, December 12, 200b (BCN) HAYWARD The owner and manager of a medical marijuana dispensary in Hayward were arrested by U.S. drug and tax agents Tuesday on federal marijuana charges......in addition to arresting the pair, Drug Enforcement Administration and Internal Revenue Service agents seized hundreds of marijuana plants, marijuana cookies and brownies, two inert grenades, cash anal several expensive cars.....DEA Special Agent Kenny Lee alleged in an affidavit filed with the complaint that fhe co-op purports to sell the drug to patients under California's medical marijuana law, but in fact sells it to healthy people. Lee wrote, "I believe that Hayward Local Patients Co-op seeks to disguise the breadth of its criminal. activity by claiming that it caters exclusively to people suffering from medical illnesses, when in fact persons without any medical condition can purchase marijuana ... at the retail. establishment."....Even before Tuesday's arrests, the cooperative was under order by I~Iayward City .Manager Jesus Annas to cease operations by Dec. 31. 9 75A-83 Arenas said that he told Squiex on Nov. 3 that the cooperative must close by Dec. 31 because police found substantial amounts of marijuana there this fall in violation of a 2003 operating agreement with the city. Under the pact, the city agreed to suspend enforcement of certain zoning laws against the cooperative so long as the group had no more than 3 pounds at the site at one time. Arenas said Hayward police found 30 pounds of marijuana at the cooperative in September and allegedly found more than 200 pounds during a second visit in October. Squier disputed the amount found in October, but agreed it was more than 30 pounds, Arenas said. Secondary Effects AUTHORITIES FIl\'D MARLIUANA, ASSAULT RIFLE AT CASTRO VALLEY HOME 11/19/06 1 U:10 Y57 Police reported finding a pound of marijuana and an assault rifle at a Castro Valley home that was the scene of an attempted armed robbery Friday morning, according to Sgt. M Rores of the Alameda County Sheriffs Office. A woman was struck in the mouth. by the butt of a gun. wielded by one of three or four men. who went into the home in the 4000 block of Seven Hills Road around 9 a.m. Friday. The group of men also hurt a man at the house by striking him on the head with the butt of the gun, according to Rores. The men left the house without taking anything, Rores reported. Police served a search warrant on the house later than day and found the marijuana and the assault rifle, according to Rores. None of the suspects in the attempted robbery have been taken into custody. Th.e man and the woman at the house were treated for their injuries. Police are investigating the source of the marijuana and the assault rifle and have not made any arrests, Rores said. Source: http•//cbs5 com/localwire/localfsnews/ben/2006/] 1/19/n/Headlu~eNews/ARMED- ROBBERY/resources bcn html. SLO Home Invasion's Goal: Medical Marijuana The three masked men were armed with a rifle and a baseball bat By: Stacy Daniel Thursday, November 30, 2006 A recent home invasion robbery in San Luis Obispo has investigators believing the victims were specifically targeted. They say the robbers were after a stash of medical marijuana they knew was inside the home.... One of the suspects was armed with a rifle, another with a baseball bat. The suspects forced one of the victims to open. a safe, containing marijuana and a large amount of money. After taking what was in the safe, the suspects then took personal items from the victims, ... Police believe the house was targeted. because of what was inside: two pounds of medical marijuana. They believe the robbers knew what they were looking for and exactly where to go to get it...... Since the victim was licensed to have marijuana, police do not plan to charge him with a crime. if you have any information about this crime, call the San Luis Obispo Police Department. Source: http~//www.ksby.com/home/headlines/4795576.htm1 I0 75A-84 Slaying suspect cleared By Daniel Witter/Appeal-Democrat A Linda man accused of double homicide in a botched medical marijuana .robbery attempt last year was freed Monday after a Yuba County jury cleared him of the charges....The two men were shot to death Sept. 27, 2005, i.n the backyard of Hance's Chesriaut Road home in Olivehurst.....Grifiin and five others were accused of trying to steal medicinal. marijuana from the Chestnut Road residence. The killings involve the largest number of suspects ever for a Yuba County murder trial, according to the Yuba County Sheriffs Department. Source: http://www.appeal-democrat.com/articles/2006/12/05/news/local news/news4.txt. CALIFORNIA: Victim tells of pot grab By Rob Young/Appeal-Democrat 1t was one tnan with a sword trying to keep fve men with guns from taking his medical marijuana, according to testimony Thursday in Sutter County Superior Court.. The robbery victim, who is not being named, said the men pulled up at his Meridian house about 1 a.m. Sept. 25 and stripped the plants he was growing legally in his backyard. while firing shots into the air....The robbery occurred even though his backyard "was lit up like daylight" with two halogen lights, the victim said.. On.e of the men pointed a handgun and said, "Freeze, or I'll blow your (expletive) head off," the victim told prosecutor Susan Green....It was recovered by police but Sutter County Undersheriff J. Paul Parker said it would not be returned to hiin without a court order. Don Wahlberg Jr., one of three defense attorneys in the case, asked the victim if smoking marijuana had affected his memory of events. "I ain't answering that. I plead the Fifth," the victim responded. Appeal-Democrat reporter Rob Young can be reached at 749-4710. You may e-mail him. at ryoung@appeai-democrat.com. Source: http://www.appeal-democrat.com/articles/2006/12/22/news/local_news/news5.txt Ordinance .Issues Tracy orders marijuana club closed City attorney says retail sale of pot violates ordinances By Mike Martinez, STAFF WRITER Article Last Updated:l2/01/2006 02:42:57 AM PST TRACY - It wasn`t exactly what Tracy City Manager Dan Hobbs had in mind for his "greening of Tracy" plan. The medical marijuana dispensary, which opened under the nose of city late last month on the outskirts of downtown Tracy, has been ordered to close. Although there is nothing in the city code specifically banning medical marijuana dispensaries, there's also nothing that allows them. The Valley Wellness Center Collective was ordered to "discontinue the non-listed use of distributing medical marijuana" in Tracy on or before Dec. 5. ".... City officials said t31e group misrepresented itself on its business license. The collective said its activity would be "retail sales conducted by a nonprofit corporation.".... 11 75A-85 Phil Urie, a deputy District Attorney with San Joaquin. County, said the way the county interprets the law, the retail. sale of marijuana, even those who have a doctor's recommendation, is not legal He said other counties throughout the state that allow storefront sales are wrong, as dispensaries are outside the realm of the proposition. "The law simply does not allow the sale of marijuana," Urie said. "People are allowed to posses and cultivate it, but They can't buy it. lt's a huge hole that's always been there in Prop. 21.5. There is no legal mechanism for obtaining marijuana." mmartiiier~i>,trivallevherald.com. Source: httna/www.visidebavarea.com/dai.lvreview/localnews/ci 4753809 Store selling marijuana, say police By LAITH AGHA Herald Staff Writer Ghetto-Tech in Seaside has a license to be in the clothing business. But Seaside police say the urban. apparel store's involvement in a different kind of business has its owner and an accomplice facing serious charges..... Following leads that connected Ghetto-Tech with drug activity, Seaside detectives said they apprehended Fitzgerald after he exited the stare. Police said they found more than two ounces of marijuana and $1,500 cash on him. Officers searching the store said they discovered marijuana stowed inside shoes for sale. Police said. they found four digital scales, baggies, cash and a loaded semi-auto2natie pistol.. Source: http://www.montereyherald.com/mldJmontereyheraldlnews/IocaU l 6202071.htm San Francisco Rejects Storefront Marijuana Shop Wednesday, December 27, 2006 This Los Angeles Times article details the interesting story of Kevin Reed, a medical marijuana dispenser in San. Francisco who had to close up shop despite the city's liberal reputation: Kevin Reed. launched his medical marijuana business two years ago, armed with big dreams and an Excel spreadsheet. Happy customers at his Green Cross cannabis club were greeted by "bud tenders" and glass jars brimming with high-quality weed at red-tag prices. They hailed the slender, gentle Southerner as a ganja good. Samaritan. Though Reed set out to run it like a Walgreens, his tiny storefront shop ended up buzzing with jazzy joie de vivre. Turnover was Starbucks-style: On a good day, $30,000 in business would walk through the black., steel-gated front door. Today, the 32-year-old cannabis capitalist is looking for a job, h.is business undone by its own success and unexpected opposition in one of America's most proudly tolerant places. Critics in nearby Victorian homes called Reed a neighborhood. nuisance. Although. four of five San Francisco voters support medical marijuana, the realities of dispensing the contentious medicine have proved far more controversial......Today, about 200,000 Californians have a doctor's permission to use cannabis, which they can obtain through more than. 250 dispensaries, delivery services and patient collectives - 120 of them in Los Angeles County alone. Medical marijuana, activists say, has become a $1-billion. business. There's been plenty of blowback. Local governments have been grappling with how to regulate storefront sales, still prohibited under federal law despite California's tolerance. 12 75A-86 Though two dozen cities and seven counties -including Los Angeles, Riverside and Santa Barbara -have approved regulations allowing dispensaries, more than 90 others have passed. moratoriums on new suppliers or banned them. outright.......His operation generated local controversy in San Francisco's Fair Oaks community -- located between the Mission District and the Noe Valley neighborhood -- when it started becoming more like a ca»nabis club for the healthy and hi~~ than a weed venda~ to the afflicted. FAIR Oaks locals, most of them. believers in medical marijuana, at first were laid back about the little pot shop. But feelings hardened as customers flocked in. Reed says his bi.g mistake was revving up business with a newsweekly ad offering ahalf--off special. Pot patients arrived from across the Bay Area, many bereft after a dispensary crackdown in Oakland's downtown "Oaksterdam." Residents compared the revolving door of 300 daily patrons to a beehive on a sunny afternoon. They grumbled about customers double- parking, blocking driveways, flipping off homeowners..... Neighbors watched some youthfirl customers emerge and share their wares with. friends, high-fiving all around. A few reportedly harassed some eighth-grade schoolgirls. One patient was robbed at gunpoint. Crime worries grew. "I saw people coming up on bikes and skateboards, with backpacks, healthy-looking young men," said Dr. Charles Moser, a physician who, like many in Fair Oaks, voted for Proposition 215. Neighborhood critics said they were all for cannabis compassion, but not this free-for-all. Proposition 215 encouraged government plaruiing for safe and affordable distribution, but it didn't mention pot clubs. Source: http://burkeanreflections.blog~ot.com12006/l.2/san-.francisco-reiects- storefront.html. CannaHelp owner to defy city cease-and-desist letter The Desert Sun December 19, 2006 CannaHelp, th.e medical marijuana in Palm Desert, is staying open. in defiance of a cease- and-desist letter from the city. "I'm going to stay open by myself," said owner Stacy Hochanadel, after sending his other employees home. "I don't think it's right what they're doing." The city issued the letter, which Hochanadel received today, following a City Council vote in closed session last Thursday, said City Attorney David Erwin..... Councilman. Robert A. Spiegel said the reason. for the closed session vote was an investigation "not by our police department but by another police department in California. "When they were investigated, they sold marijuana to an undercover police person who did not have correct credentials to buy marijuana," he said.......Hochanade] signed an agreement with. the city earlier this year that the dispensary would only sell medical marijuana to patients with a medical. marijuana identification card issued by Riverside County. But, he said, that part of the agreement had been put on hold following discussions with then-Mayor.lim Ferguson, due to the financial impact on the business which would have had to turn away significant numbers of customers...... CannaHelp has had a business license issued by the city since it opened in October 2005. The dispensary was closed briefly earlier this month when the Special Investigation Unit of the Riverside County Sheriffs Department served a search and seizure warrant on the business But, said Capt. Steve Thetford, chief of the Palm Desert Police Department, "The Palm Desert (department) hasn't made any significant arrests out of CannaHelp" in recent months, the county investigation notwithstanding.. ,.. ]3 75A-87 Source: htt~//www.thedesertsun.con~/apps/pbcs.dll/article?AID=120061.219/(JPDATI//6 i 219027 Medical Concerns Marijuana more addictive for youth Bruce Ward, CanWest News Service; Ottawa Citizen Published: November 24, 2006 OTTAWA -Young people can easily become dependent on marijuana because their brain is still developing, says an expert on youth substance abuse. "Kids can get addicted really quickly, like six months," said Kathy Szirtes, who spoke Thursday at a public forum in Ottawa on problematic marijuana use among youth. "An adult may take two years, but kids can take six months because their bodies are still soft and. b*rowing. The teen brain really isn't done l,~rowing." For young people who use marijuana to deal with anxiety or to get to sleep, the drug "can literally become hard-wired into them in terms of a dependency," she added. "You see this in adults who say, 'Oh 1 need a few drinks before I'm going to dance.' The same thing happens with kids who use weed and say, 'I can't relax in a movie for that long unless I'm stoned. A lot of it is psychological," said Szirtes. It is a myth that marijuana use is not harmful, said Szirtes, a specialist in youth mental health. and substance abuse who works in Victoria, B.C. "We're seeing massive numbers of kids who can't use weed safely. And so you get these frustrated parents who might be saying, 'Why can't you just use on the weekend. Come on, we used to."' Marijuana can be "very addictive both psychologically and physiologically,'" she said, adduig that "it has a Little bit gentler withdrawal effects than other drugs." The debate on decriminalization and legalization of marijuana has been misinterpreted by many young people who believe th.e drug is not harmful, added Szirtes. "1 do know a lot of kids have taken that message and just only read the piece that says it's probably not harmful. It's not harmfitl to everyone, but in fact it's harmful to a lot of people," she said, noting when young people get into marijuana dependency cycles, it causes behavior changes. "You start wrecking relationships with family, with teachers, your memory goes, you can't sleep properly unless you have a toke before bed and on it goes. We're certainly seeing a rise in problems in the high schools." Because marijuana interferes with sleep, "kids are at school and they're exhausted," added Szirtes. Marijuana cravings for young people often look like Attention-deficit hyperactivity disorder symptoms. Other sigms include changes in friends, sleep disturbances, and. mood swings. "I think the average parent should be as con.cei~~ed about marijuana as they would be about any other hard drug," said Szirtes. "While marijuana is not necessarily immediately detrimental to the system, because of its long-term effects it is overall just as harmful as any other hard drug." Anew Centre for Addiction and Mental Health drug use survey shows that about one in four Ontario high school students have used marijuana at least once in the past year, and that one in 12 report symptoms of dependence. After alcohol, marijuana has become the drug of choice in Ontario high schools. Ottawa Citizen ©CanWest News Service 2006 Source: http://www.canada.com/topics/bodyandhealth/story.html?id=748cad2e-2e93- 4b70-be0b-cb99bd9e6626&k=98371 14 75A-88 Marijuana wreaks havoc on brain's memory cells 11:38 20 November 2006 NewScientist.com news service Roxanne hh.atnsi Smoking marijuana often causes temporary problems with memory and learning. Now researchers think they know why. The active ingredient in the drug, tetrahydrocannabinoid (THC), disrupts the way nerves fire in the brain's memory centre, a new study shows. David Robbe at Rutgers University in New Jersey, US, and colleagues gave rats an injected dose of THC, proportional to the amount inhaled. by a person smoking an average-sized. marijuana joint. The team monitored the drug's effect using wire probes placed in a memory centre i.n the animals' brains -the hippocampus. Th.e probes monitored the nerve impulses as they fired. Normally, cells ui hippocampus f re in sync, creating a current with. a total voltage of around 1 millivolt. But THC reduced the synchrony of the firing. The drug did not change the total number of firings produced, just their tendency to occur at the same time -and. this reduced the combined. output voltage of the nerve signals by about 50%. Abnormal firing occurs because THC binds to a receptor on the surface of the nerve cell., and so indirectly blocks the flow of current, Robbe believes. 1/ncore! Nerves need to signal in sync to send a powerful message within the brain, Robbe notes. He likens the process to an audience clapping together -rather than randomly - to make their desire for an encore performance known. Rats that had more synchronous nerve signaling in their brains performed better on a memory test, the team found. In this test, the animals had to choose whether to turn right or left in a T-shaped maze. In order to receive a treat, they had to turn in the direction opposite to the one they chose in their previous run. Normal rats accurately alternate their routes about 90% of the time. But rats given THC, which caused asynchronous nerve firing, chose a random direction. on each run, and so chose the correct route 50% of the time. The disruptive effect of THC wore aff within a few hours. Robbe says he hopes to Fnd out whether chronic exposure to the drug causes lasting effects on the hippocampus in rats. Scientists studying people have found that long-term marijuana users gradually become worse at ]earning and remembering things (see Pot-smoki.n~~your way to memory loss). Previous experiments have shown that THC can disrupt the signaling of nerve cells in a Petri dish. But Robbe says this is the first detailed account of what happens to memory cells in a live animal. He adds that the new findings help explain why people high on marijuana sometime lose their train of thought in mid- sentence, forgetting what they were saying. Journal reference: Nature Neuroscience (DOI: 10.1038/nn1801} Source: http://www.newscientist.com/channel/health/dn].0607-mat~ijuatla-wreaks-havoc- on -brains-memory-c el ls.html Marijuana may cause pregnancies to fail. 22:00 O1 August 2006 NewScientist.com news service Michael Day Smoking marijuana at the time of conception could cause pregnancies to fail, new research in mice suggests. The same problem may occur as a result of taking the slimming drug, rimonabant. The wan~ings come from embryologists who have discovered key factors that govern an embryo's chances of successful implantation. A IS 75A-89 after fertilization in humans and mice, the egg faces a perilous path from the place of conception in tb.e fallopian tube down. into the womb. The team from Vanderbilt University Medical Centre, Tennessee, US, has shown that precisely the right levels of a chemical called anandatnide are required for this passage to be completed safely. lncreasing or decreasing the amount of aJ~andamide drastically harnls mouse embryos' chances of normal implantation and survival. Their research reveals that anandamide levels in the fallopian tubes are governed by two enzymes: one called NAPE-PLD increases levels of anandamide, while NAAH reduces them. Cannabinoid receptor Significantly, the team also found that exposing the mice to certain drugs disrupted this delicate balance, thereby impeding an embryo's ability to pass into the womb. One such substance is tetrahydrocannabinol (THC}, the major psychoactive component of marijuana. Like anandamide, it binds to the cannabinoid receptor CBl, thereby displacing anandamide and. boosting levels of the chemical present in the oviduct. The discovery poses worrying questions about the ability of marijuana, the most widely used illegal drug among women of reproductive age, to harm pregnancy, says the lead researcher, Sudhansu Dey. "This is worrying because embryo retention. is a significant cause of ectopic pregnancy in women," he says. He also notes that the incidence of such. abnormal and dangerous pregnancies has risen sharply in. tl.~e past decade. Another expert in .reproductive biology, Herbert Scheel at the State University of New York in Buffalo, US, points out that some new medicines also interacted with CB] receptors and therefore had the potential to disrupt amandine levels and embryo development. One such drug, the slimming pill rimonabant -- sold. as Acomplia - is already licensed in the UK. "Given the results of the study, we need to be very sure that rimonabant doesn't have unwanted effects on women of reproductive age," Scheel says. CB 1 receptors are not just present in the brain but all over the body, including the reproductive system, he adds, "so we shouldn't be surprised i.f it has unwanted effects". A spokeswoman for rimonabant's manufacturer, Sanofi-Aventis, said the company dial not recommend the use of rimonabant during pregnancy anal advised patients who are planning to become pregnant to seek immediate medical advice. 3oumal reference: Journal of Clinical Investigation (vol. 116, p 2087) Source: http://www.newscientist.com/channel/health/dn9653-marijuana-may-cause- pregnancies-to-fail.html Why teenagers should steer clear of cannabis 1.6:21 OS :Culy 2006 NewScientist.com news service Gaia Vince Adolescents' use of marijuana may increase the risk of heroin addiction later in life, a new study suggests. Researchers say the work adds to "overwhelming" evidence that people under 21 should not use marijuana because of the risk of damaging the developing brain. The idea that smoking cannabis increases the user's chance of going on to take harder drugs such as heroin is highly contentious, Some dub cannabis a "gateway" drug, arguing that peer pressure and exposure to drug dealers will tempt users to escalate their drug use. Others insist that smoking cannabis is unrelated to further drug use. Now research. in rats suggests that wing marijuana reduces future sensitivity to opioids, which makes people more vulnerable to heroin addiction later in life. It does so by altering the brain chemistry of marijuana users, say the researchers. 16 75A-90 "Adolescents in particular should never take cannabis -it's far too risky because the brain areas essential for behavior and cognitive functioning are still developing and. are very sensitive to drug exposure," says Jasmin Hurd, who led the study at the Karolinska Institute in Sweden. But Hurd acknowledges that most people who use cannabis begin in their teens. A recent survey reported that as many as 20% of 16-year-olds in the US and Europe had illegally used. cannabis in the previous month. "Teenage" rats. In order to explore how the adolescent use oFcannabis affects later drug use, Hurd and colleagues set up an experiment in rats aimed to mirror human use as closely as possible. In the first part of the trial, six "teenage" rats were given a small dose of THC -the active chemical in cannabis -every three days between the ages of 28 and 49 days, which is the equivalent of human ages ] 2 to 18. The amount of THC given was roughly equivalent to a human smoking one joint every tlu-ee days; Hurd explains. A control group of six rats did not receive THC. One week after the first part was completed, catheters were inserted in all i2 of the adult rats and they were able to self-administer heroin. by pushing a lever. "At first, all the rats behaved the same and began to self-administer heroin frequently," says Hurd. "But after a while, they stabilized their daily intake at a certain level. We saw that the ones that had been on THC as teenagers stabilized their intake at a much higher level than the others -they appeared to be less sensitive to the effects of heroin. And this continued throughout their lives." Hurd says reduced sensitivity to the heroin means the rats take larger doses, which has been shown to increase the risk of addiction. The researchers then examined specific brain cells in the rats, including the opioid and cartnabinoid receptors. They found that the rats that had been given THC during adolescence had a significantly altered opioid system in the area associated with reward and positive emotions. This is also the area linked to addiction. "These are very specific changes and they are long-lasting, so the brain may `remember' past cannabis experimentation and be vulnerable to harder drugs later in life," Hurd says. Neurologist Jim van Os, a cannabis expert a.t the University of Maastricht in the Netherlands told New Scientist the research was a welcome addition to our understanding of how cannabis affects the adolescent brain. "The issue of cross-sensitization of cannabis/opioid receptors has been a controversial one, but these findings show the drug's damaging effects on the reward structures of the brain," van Oshe says. "There i.s now overwhelming evidence that nobody in the brain's developmental stage -under the age of 21 -should use cannabis." The research appears in the online edition oi'Neuropsychopharmaeology. Source: httg:/Iwww.newscientist.com/channel/heal.th/dn94K8-why-teenagers-should- steer-clear-of-cannabis.htm l Cannabis link to mental illness strengthened 23:01 21 November 2002 NewScientist.com news service Emma Young The link between regular cannabis use and later depression and schizophrenia has been significantly strengthened by Three new studies. The studies provide "little support" for an alternative explanation -that people with mental illnesses self-medicate with marijuana -according to Joseph Rey and Christopher Tennant of the University of Sydney, who have written an editorial on the papers in the British Medical Journal, l7 75A-91 One of the key conclusions of the research is that people who start smoking cannabis as adolescents are at the greatest risk of later developing mental health problems. Another team calculates that eliminating cannabis use in the UK population could reduce cases of schizophrenia by l 3 per cent. Until now, say Rey and Tennant, there was "a dearth of reliable evidence" to support the idea that cannabis use could cause schizoplu-enia or depression. That lack of good evidence "has handicapped the development of rational public health policies," according to one of the research groups, led by George Patton at the Murdoch Children's Research Institute in Melbourne, Australia. The works also highlights potential risks associated with using cannabis as a medicine to ease the symptoms of muscular sclerosis, for example. Patton's team followed over 1600 Australian school pupils aged l 4 to 15 for seven years. Daily cannabis use was associated with a rve-fold increased. risk of depression at the age of 20. Weekly use was linked to a two-fold increase. The regular users wexe no more likely to have suffered from depression or anxiety at the start of the study. The reason for the link is unclear. Social consequences of frequent cannabis use include educational failure and unemployment, which could increase the risk of depression. "However, because the risk seems confined largely to daily users, the question about a direct pharmacological effect remains," says Patton. In separate research, a team led. by Stanley Zammit at the University of Cardiff, UK, evaluated data. on over 50,000 men who had been Swedish military conscripts in 1.969 and1970. This group represents 97 per cent of men aged 18 to 20 in the population at that time. The new analysis revealed adore-dependant relationship between the frequency of cannabis use aid schizophrenia. This held true in men with no psychotic symptoms before they started using cannabis, suggesting they were not self-medicating. Finally, researchers led by Terrie Moffitt at King's College London, UK, analyzed comprehensive data on over 1.000 people born in Dunedin, New Zealand in 1972 and 1973. They found that people who used cannabis by age 15 were four tinier as likely to have a diagnosis of schizophreniform disorder (a milder version of schizophrenia} at age 26 than non-users. But when the number ofpsychotic symptoms at age 11 was controlled for, this increased risk dropped to become non-significant. Tlus suggests that people already at greater risk of later developing mental. health. problems are also more likely to smoke cannabis. The total number of high. quality studies on cannabis use and mental health disorders remains small, stress Rey and Tennant. And it is still. not clear whether cannabis can cause these conditions in people not predisposed by genetic factors, for example, to develop them. "The overall weight of evidence is that occasional use of cannabis has few harmful. effects overall," Zammit's team writes. "Nevertheless, our results indicate a potentially serious risk to the mental health of people who use cannabis. Such risks need to be considered in the current move to liberalise and possibty legalise the use of catuiabis in the UK and other countries." Journal references: British Medical Journal (vo1325, p1195, p1199, p1212, p1 l83) Source: http://www.newscientist.com/article/dn3098-cannabis-link-to-mental-illness-strengthened.html 1.8 75A-92 True Agenda? 2006 Newsmaker Andrea Tischler: Fighting to legalize marijuana By Sharma McCord Sentinel. staff writer SANTA CRUZ -When city voters passed Measure IC in November, Santa Cruz went on the map as a national leader .in the effort to legalize marijuana. Measure K forces Santa Cruz police officers to make adult marijuana crimes their lowest priority. The measure, primarily organized by Andrea Tischler, won easily with more than 60 percent voter approval. But Measure K is not just about Santa Cruz. its design is part of a natio~iwide strategy to convince state anal federal governments that marijuana should be a legal drug -taxed and regulated like alcohol and tobacco. "This really is an interim measure on the way to frill. legalization of marijuana for personal use," said Tischler, a longtime leader in many local marijuana causes. "It's happening city by city. We're moving in that direction of legalizing marijuana in the state," she said. The federal government, however, has not wavered on its stance that marijuana is an illegal drug. Since California voters approved Proposition 215 in 1996 to allow sick people to use marijuana to ease pain and suffering, the medical marijuana cause has faced numerous lawsuits and investigations by federal authorities. Measure K faces potential legal problems as police are sworn to uphold state laws, which say marijuana is an illegal drug when used recreationally, Any effort to legalize the drug is expected to be hard-fought in court. Tischler, who recently closed the medical marijuana bed and breakfast she and her partner had run for six years on Laurel Street. anal moved to Hawaii, stumbled into the marijuana movement in the 1960s, a decade synonymous with liberal attitudes. She was 22 and teaching social studies at a Chicago high school u~ 1965 when some colleagues offered Tischler her first joint. "I said, 'Geez, this isn't bad.' I didn't have a hangover the next morning line I did with alcohol," she said.. From that first experience, Tischler has been fighting for the right to smoke pot legally. ".It's the same as someone coming home from work and having a couple of martinis," she said. After stints in Guam and San Francisco, Tischler moved to Davenport in 1988 and quickly became involved in local marijuana issues. In 1994, Tischler convinced administrators at Pacific Elementary School in Davenport, which her son attended, to drop the DARE program because she believed nurses should be teaching the effects of drugs, not police officers. Marijuana issues are Tischler's cause celebre. She believes the drug is no worse for the human body than alcohol and tobacco. "Marijuana makes people peaceful in their hearts and in their minds," she said. Due to the work of Tischler and others who share her passion for pat, ordinances similar to Measure K have been passed in cities such as Oakland, Seattle, Santa Monica, Santa Barbara and San Francisco. More are on the way, she said. The ordinances to make marijuana crimes a low priority for police seem. to be picking up momentum across the county. Mike Corral, who founded the Wo/Man's Medical Marijuana co-op in 1993 with his wife, Valerie, believes legalized marijuana would allow police to focus on more serious crimes and generate more revenue for the government in the form of new taxes. Government regulation of pot also would produce a safer, higher quality product, Corral said. "I see general legalization as a win-win situation all around," he said. "There is a bigger wave building in America around general Legalization." Local police have said Measure K could hinder law enforcement efforts because marijuana is involved in many crimes in Santa Cruz. 19 75A-93 The marijuana measure was put on the Santa Cruz ballot after at least 3,400 registered city voters signed their name to a petition earlier this year in support of easing up on pot smokers. The local. measure was funded almost entirely by Peter B. Lewis, a billionaire insurance tycoon in Cleveland who has spent millions of dollars to support marijuana causes nationwide. Contact Sharma McCord at smccord~a~sa.naacruzsentinel.com. Yrside i•9~asure fC • Adult marijuana crimes on private property are the lowest law enforcement priority, Santa Cruz police are not allowed to participate in countywide marijuana busts. • Santa Cruz police are not allowed to testify in marijuana cases. • Citizens oversight committee, appointed by the City Council, will monitor police reports related to marijuana crimes. • Santa Cruz cannot accept federal funds designated for fighting marijuana crimes. Source: httn://www.santacruzsentinel.com/archive/2000/December/29/local/stories/04iocal htm Santa Cruz's Compassion Flower Inn owners heading for another joint BY SHANNA MCCORD SENTINEL STAFF WRITER SANTA CRUZ -The Santa Cruz bed, "bud" and breakfast, the butt of many jokes and center of media attention worldwide, has closed its doors. The owners of the Compassion Flower Inn on Laurel Street packed their bags and moved to Hawaii on Tuesday, leaving empty the inn established in 2000 primarily for medical marijuana users. "It's been a fun. ride," said Andrea Tischler, Compassion Flower Inn co-owner. "We are proud of our achievements in Santa Cruz and leave a considerable legacy behind." Tischler and her longtime partner, Maria Mall.ek-Tischler, who have been leaders in local efforts to legalize marijuana, said their business was hampered by problems in the neighborhood. They plan. to take their brand of medical marijuana business to Hawaii, where they want to open a care home for aging gays and lesbians. The two restored. the 140-year-old Victorian and converted it into a bed and breakfast that allowed guests to smoke joints with a doctor's permission. The inn h.ad five guest rooms that ran from $125-$17S a night. Decorating touches i~lcluded the mosaics on the tubs in the shape of a marijuana leaf, and a large marijuana leaf mosaic in the sidewalk leading to the front porch. Hemp leaves are painted on th.e walls, and guests were given complimentary bars of soap made with hemp. The drapes, bed spreads and pillowcases are all made from hemp fibers. The inn was known for its hemp seed pancakes, and late-night comedian Jay Leno joked during a monologue years ago that "Santa Cruz has a pot hotel, a place you can. find doobies under the pillows." Tischler said ongoing behavioral problems in the neighborhood contributed to its closure. She cited drug anal alcohol use by people hanging around the inn as factors that made staying in business difficult. "We'd be kept awake every night," Tischler said. "They would use our front yard and. parking lot as a bathroom. They'd steal anything not fastened down." 20 75A-94 Tischler, 63, also said the constant cleaning and. cooking, and other upkeep required to stay in business, had become too much for her and Mallek-Tischler. The inn is up for sale, otherwise Tischler hopes someone will lease the house and keep the inn going or turn the place into a yoga or massage retreat. In Hawaii, the two plan to start a "gay, gray and gourmet" business - an assisted-care facitity for seniors. "As our population ages, I believe we will see the demand for more compassion 'kine bud' nursing homes in th.e states That have approved medical marijuana," she said. "If you have only months or a few years to live, why not reduce suffering and be happy?" Tischler was a driving force behind the passage of Measure K in Santa Cruz. Measure K was a ballot initiative passed in November that makes adult use of marijuana the lowest priority for Santa Cruz police oftcers. Contact Sharma McCord at smccordre~santacruzsentinel com, Source: http://www.santaeruzsentinel com/arc;hive/2006/December/20/local/stories/021ocal htm 21 75A-95 El Cerrito Police Department Memorandum Date: April 18, 2007 To: Scott C. Kirkland Chief of Police rrom: Cmdr. M. Regan Subject: Marijuana Information January !March 2007 I have continued to collect information related to marijuana dispensaries and. related issues. I have assembled the information in the following categories; • Juveniles and Marijuana • Associated Crimes • Trends • Opinions on the abuse of "Medical Marijuana" model Each entry is an excerpt of t13e original article. The full article can be found at the listed source link. One of the most disturbing issues related to our states position on marijuana is the ease with which marijuana Ends its way into the hands our children. We have asserted from the begimaing that the lack of regulation involved in the recommendation process has led to the issuance of these recommendations high school students. While we believe this to be an on-going problem, it is not regularly publicized. However, I believe the problem to be very real. Over the past few months, there have been a number of sensational cases involving children which have garnered media attention. Medical Marijuana Readily Available To California High School Students Web Editor: Matt Bush, Online Content Producer Created: 3/9/2007 1.:47:21 PM /Updated: 3/9/2007 2:09:22 PM Some California teens are giving a new meaning to "high" school. Students are finding easy access to medical marijuana cards and presenting those cards to school authorities as a legitimate excuse for getting high.. "It's not a get out of jail free card at all," said Cathrine Martin, of the Grossmoirt Union School District. Martin says even though -nedical marijuana is legal in California, the law doesn't apply to schools which are subject to federal law. The district also says the students most recently suspended for being high with cards in hand, didn't have major illnesses. "Students are getting them for things like sleeplessness and stress, it just draws into question how easy is it for people to get their hands on these cards," said Martin. According to the district attorney's office, it's extremely easy if you know where to look. During a series of recent under cover sting operations, DA investigators identified a handful of San Diego Doctors who prescribe marijuana to just about anyone, so long as they had a symptom and money. 75A-96 One such location was an office called Medimar. NBC has learned Dr. Kenneth Johnson of Medimar is the same doctor who signed off on at least one of the Grossmont District students. His business was among those targeted. and shut down in the police sting. "It was pretty much you had a sLlort consultation. Come in and filled out a short questionnaire, talk to a couple guys about it, get a prescription and then you'd walls across the hall and get your prescription filled," said Ben Martin, a neighboring tenant to Medimar. Source: http://www.wcsh6.con>/news/watereooler/arti.cle.aspx?storyid=54559 Caution: Marijuana may not be lesser evil By Rita Rubin, USA TODAY Tyreot Gardner first smoked marijuana when he was I3. "The main reason I tried it was curiosity," Gardner recalls. "I wanted to see what it felt like." He liked what it felt like, and by age 15, he was smoking pot every week. Ile supported his habit with the money his parents gave him for getting straight A's on his report card. They didn't have a clue. "By I6, when I got my License, it turned into a fairly everyday thing," says Gardner, now 24. "I believe it i.s very addictive, especially for people with. addictive personalities."....studies have shown that when regular pot smokers quit, they do experience withdrawal symptoms, a characteristic used to predict addictiveness. Most users of more addictive drugs, such as cocaine or heroin, started with marijuana, scientists say, and the earlier they started, the greater their risk of becoming addicted. Many studies have documented a link between smoking marijuana and the later use of "harder" drugs such as heroin and cocaine, but that doesn't necessarily mean marijuana causes addiction to harder drugs.....says Harvard University psychiatrist Harrison Pope, director of the Biological Psychiatry Laboratory at Boston's McLean Hospital. "There's just no way scientifically to end that argument one way or the other."......"I would bet you. that people who start smoking marijuana earlier are more likely to get into using other drugs," Pope says. Perhaps people who are predisposed to using a variety of drugs start smoking marijuana earlier than others do, he says. Besides alcohol, often the first drug adolescents abuse, marijuana may simply be the most accessible and least scary choice for a novice susceptible to drug addiction, says Virginia Tech psychologist Bob Stephens. No matter which side you take in the debate over whether marijuana is a "gateway" to other illicit drugs, you can't argue with "indisputable data" showing that smoking pot affects neuropsychological functioning, such as hand-eye coordination, reaction time and memory, says Wesley Clarke, director of the federal Substance Abuse and Mental Health Services Admin.istration......in 2006, 11.7% of eighth-graders said they had used marijuana during the past year, compared with 6.2% of eighth-graders in 1991. Among 12th-graders, 31.5% said they had used marijuana in the previous year; in 1991, 23.9% said they had. "You are at school, and your main job as an adolescent is to learn and memorize," NIDA director Nora Volkow says. But if you keep becoming intoxicated by smoking marijuana, she says, you'll fall further and further behind in your studies. "How are you going to catch up?" 2 75A-97 In a study comparing heavy marijuana users with people who'd h. ad minimal exposure to the drug, Pope found that the former had lower verbal. IQ scores than the latter..... Research shows marijuana users are significantly less satisfied with the quality of their lives than non-users, a revelation "as telling as any very fancy story of molecules," Volkow says. Yet, she says, "I think there is a general sense that marijuana is a relatively benign drug and does not produce addiction." Although over the past decade, "research clearly has provided unequivocal evidence that ... some people car. become addicted to marijuana." Stephens has conducted seven large treatment studies of marijuana dependence, or addiction. "There's never any shortage of people who meet this definition," says Stephens, who edited the 2006 book Cannabis Dependence. Pot as predecessor....Pope has studied heavy marijuana users..."We were able to show there i.s a clear withdrawal syndrome.".....Marijuana today is more potent and Therefore more toxic than marijuana grown in the 1970s, Volkow says. Back then, she says, plants typically contained only 2% THC. Today, she says, marijuana plants typically contain 15% THC. Source: http://www.usatoday.eom/news/health/2007-02-OS-marijuana_x.htm While still only "anecdotal" in nature, there is demonstrable crime associated with the distribution of marijuana. The articles below describe homicides and a burglary associated with in-door grows and dispensaries. The article documenting the burglary also furthers the suggestion that crimes associated with these establishments are still under reported. Pot theft claimed in boy's shooting death By Tami Abdollah and Richard Winton Times Staff Writers January 23, 2007 A 13eilflower man who said he was growing marijuana to ease pain from liver cancer is in custody on suspicion of fatally shooting a 15-year-old boy who allegedly was trying to steal some of the plants with his older brother. Prosecutors will have to decide whether Jeny Cress acted in self-defense and was in reasonable fear for his life when he shot Jacob Walker with asmall-caliber handgun shortly before daybreak Sunday, said Los Angeles County Sheriff's Homicide Capt. Ray Peavy...... In an unusual twist, the dead boy's brother, Duane Berry, 24, could be charged with murder because the shooting occurred during the alleged commission of a felony. Detectives said Jacob and his brother were attempting a burglary. Berry had recently been released from jail on a narcotics sales charge that is to go to trial next month. "The kids in neighborhood had learned the guy had pat plants on his property, and some had broken in before," Peavy said. "These two la~ew there was a pretty large quantity."...... Peavy said Cress told detectives he had liver cancer and "it appears he has been self-medicating for a period of time." In this diverse working-class neighborhood in Bellflower, near the border with Paramount, news of the shooting came as a shock. But the existence of the marijuana crop was well-known to many teenagers. Some who spoke to The Times said many people had attempted to raid the crop before. Source:http:/lwww.latimes.com/news/printedition/californialla-me- pot231an23 1,7100043.story?colt=la-headlines-pe-California 75A-98 Police evaluating pot find in fatal home invasion, Son says marijuana was for medical. use to combat pain Friday, January 12, 2007 Pittsburg police said Thursday that they are cautiously weighing a claim that marijuana found in the home of a slain PC World senior editor was grown and used by his son for medical purposes. Four masked men burst into the Pittsburg home of Rex Farrance, 59, about 9 p.m. Tuesday, fatally shooting him anal pistol-whipping his wife after demanding money, police said. Na arrests have been made. Police summoned to the home on Argosy Court found a large quantity of marijuana and said the couple were involved in the possession and passible sale of drugs.......the couple's son said that he was growing the drug at the home for medical reasons. The motive for the incident was definitely robbery, and. whether any drugs on the premises are related to the home invasion "feeds right back into the entire reason for exploring whether there's a nexus between the possession of a controlled substance and targeting that particular residence for residential robbery." Source: http://sfgate.coin/cgi-bin/article.egi?f=/c/a/2007!01/1.2/BAGNQNHGDII.DTL Killings related to marijuana grow? By M.ATTHIAS GAFNI and J.M. BROWN, Times-Herald staff writers Article Launched: 01/26/2007 07:10:16 AM PST A Glen Cove home where two men were shot to death last week contained hydroponics equipment and other material commonly used for growing marijuana....During atour of the home... a reporter and photographer saw several large plant trays, ventilation systems and chemicals consistent with those used to cultivate marijuana...... Thursday's findings offered the first insight into other factors that could be linked to the killings of James Werder and Manuel Catdera, partners in an ice cream truck business....In interviews this week, loved ones denied the men were drug dealers, saying instead they were good men excited about selling ice cream to children from their hip-hop styled truck.......Werder, 35, and Caldera, 27, were found dead inside the Name Jan. 17, where they had sustained multiple gunshot wounds. 1?ol.ice have made no arrests and will not say whether they have any leads.......In the garage, there were five large plant beds that each could hold ~5 individual. cultivation blacks, and the walls, including the garage door, were covered iu inch-thick insulation. There also was aforced-ai.r heater in the garage and a large exhaust tube to direct air to the outside through the roof. There were other pieces of hydroponics equipment and. a weekly feeding chart attached to a wall. In a back bedroom, a large circular hale had been drilled into a wall so ventilation tubing could push heat directly into the room from a hallway furnace. The floor was littered with potting soil and plant leaves. In the hallway bathroom, there was more soil in the sink. Turley said none of the equipment or modifications to the home's heating system existed before he rented the house just over a year ago......Turley said he dial not know whether the slain. men lived in the home, but said Molina -who alv~ays paid the ~ 1,650 monthly rent in cash -was not allowed to sub- lease the three-bedroom, two-bath house. Source: http:l/www.timesheraldonline,com/ci 50)3434 4 75A-99 Claremont marijuana dispensary burglarized By Will Bigham, Staff Writer /Article Launched: O1/28/2007 12:00:00 AM PST CLAREMONT -Burglars stole nine marijuana plants after breaking into the city's medical marijuana dispensary, police discovered Friday morning. Police responded at about 7:45 a.m. to Claremont All-Natural Nutrition Aids Buyers Information Sexvices in the 600 block of S..Indian Hill Boulevard, after a city official driving past the location saw that a window had been broken......The controversial dispensary, which has bathed City Hall since it opened in September without a business license, is now coming under closer scrutiny from. city officials, as one central fear -that the business would attract crime -appears to have been realized. "Potentially these dispensaries can serve as a crime magnet in a community," Councilman Corey Calaycay said. "Having a dispensary in town could. put an additional burden on our police, and we already have needs for other public safety priorities in our community." Kruse conceded Saturday that his dispensary was an attraction for criminals, but h.e disputed the suggestion. that it's more of a target than any other business. Source: http~i/www dailybulletin.cam/newsici 51045 ! 4 MARIJUANA RIND LINKED TO PIPE BOMB IN SAN BRUNO HOME 01/02/07 2:55 PST /SAN BRUNO (BCN) San Mateo County narcotics investigators detonated a pipe bomb hidden under a San Bruno man's mattress Friday when they went tv arrest him in connection with an elaborate indoor marijuana grow in a nearby rental property. San Bruno firefighters discovered th.e pot around 8:15 p.m. after responding tv neighbors' reports of sparks coming from the roof of a home.....When firefighters went inside the home "they stumbled over a marijuana grow inside the house. The entire house had been converted into a marijuana operation," he said.. Same 1,298 plants with a combined potential street value of more than $1 million...... When narcotics task force investigators arrived at the home they found ahigh-velocity AK-47 and other weapons along with the pot. Nobody was at the home at the time, Capovilla said. But "it could have been really ugly for law enforcement going in," he said. "Somebody has fortified the place ... in a nice little neighborhood."....After searching Setts' residence, investigators came across a pipe bomb, along with. a police scanner, additional weapons, ammunition and stolen property. The pipe bomb was detonated after Setts' home and. neighboring residences were evacuated, Capovilla said. The pot haul wasn't especially unusual, Capovilla said, adding that there is a fairly high demand for marijuana in California. In October and November the county's narcotics task force dealt with much larger finds in Daly City and San Bruno, each in yielding more than 3,000 square feet of marijuana, he said. Source: httg://cbs5.ann/localwire/localfsn ews/bcr~/20(i7/O 1J02/n/Head[i neNews/1VIAKIJUANA- BOMB/resources ben html. Death Of Marijuana Advocate Could Lead To Changes Riclc Sallins~er(CBS4) DENVER Police are still searching for a suspect in the murder of marijuana advocate Ken Gorman. He was shot to death at his Denver home Feb. 17 in what police think was a robbery. 75A-100 Gorman grew pot in his home for himself and others. Just days before his murder, he spoke to CBS4 of the dangers. "T've had a gun stuck to my head," Gorman said. "I've had people stabbed here, in my house, from people trying to get my marijuana." Gorman called Colorado's amendment legalizing medical. marijuana "a great, great law,"....."You try your luck dawn on Colfax and get shot," May said. "Or, get your car hijacked fora $20 bag." In response to the violence, medical marijuana dispensaries are now opening, like Cannabis Therapeutics Dispensary in Colorado Springs. Matt Schnur of Cannabis Therapeutics said they have bulletproof glass and a steel door for security. There is also an extensive camera system.....But Colorado's Attorney General John Suthers believes such dispensaries may be exploiting the law. "This is the medical marijuana law being abused for purposes of wide scale marijuana distribution," Suthers said. Source: htt~//cbs4denver_com/tc)pstaries/local story OSb17()23H.htm1 As we have discussed in the past, trends in the United Sates appear to follow those from Canada. Canadian. Law Enforcement began to report the increase on "in-door" grows some time ago. They have recently reported the involvement of organized crime in the larger growing operations. Th.e articles below suggest that these trends are already in place within the United States, specifically in the State of California. D.E.A. agent Taylor opines in one of the articles that part of the attractiveness of Marijuana sales in California is due partly to "medical marijuana Iaws that have created a permissive attitude." I partially concur with this assessment. However, I would add into the equation the fact there are at feast 3551a~own Marijuana dispensaries operating in California (CAL NORML website, up from 240 last summer) and these dispensaries are likely selling a couple of pounds of Marijuana each day. Someone has to be supplying the Marijuana to those dispensaries and I would suspect it is likely that a majority of the Marijuana produced in these indoor grows finds its way to a dispensary. The indoor grow business has turned into an industry of its own. Our representative to the local Drug Enforcement Team stated that in all but one of the indoor grow cases he has worked this year, the suspect has raised the defense that the marijuana was being cultivated for a dispensary. The articles below begin to describe the increase in indoor grows as well as the rise in level of sophistication. Tliey alsa provide us with. a glimpse of the involvement of organized crime in these activities. Pot growing moves to Calif. Suburbs Illegal marijuana growers turning hot real estate into hothouses By Jahn Ritter USA TODAY LATHROP, Calif. -Rick Estrada didn't think it particularly odd that he never saw his next-door neighbor or that curtains were always drawn. On his block of new homes, everyone was a recent arrival. In fact, some homes still sit empty, owned by investors hoping to "flip" them at a profit. Never in his darkest dreams did Estrada think the two- story house a few feet from his contained an indoor marijuana-growing operation that authorities believe is the latest wrinkle in drug traffickers' efforts to hide their illegal business..... 6 75A-101 Estrada watched on Jan. 12 as federal drug agents busted into the unoccupied, stucco-clad house, hauling out enough marijuana plants to fill a truck, along with high-intensity lights, fans and other indoor hydroponics growing equipment. Agents that day raided five other houses nearby in Lathrop and one in Tracy, both suburban cities full of commuters to San Francisco Bay Area jobs. In August and September, 41 houses were busted in Elk Grove, Sacramento and Stockton. Gordon Taylor, a Drug Enforcement Administration (DEA) special agent in Sacramento, says investigators believe the houses are linked to an organized crime syndicate based in San Francisco's Chinatown. Taylor says. "Our theory is they're picking newer neighborhoods because of the relative anonymity.......The prevalence of illegal marijuana cultivation in California -more plants are seized in the state annually than in any other - is due partly to "medical marijuana laws that have created a permissive attitude," Taylor says. "Couple that with the fast profits that can be made and relatively tax penalties a person faces under California marijuana laws, and you're more or less inviting organized crime to enter the industry." Indoor pot seizures in California have skyrocketed, according to DEA figures, from 54,569 in 2004 to 196,000 last year, although it's unclear whether tougher enforcement or more growers is the reason. The 1~'orthern California suburban busts since August have netted 23,602 plants with an estimated X94 million street value, the DEA says.... What is new is the size and sheer audacity found in the suburbs. The operations followed a similar pattern....Growers paid up to $750,000 for houses in new subdivisions, usually obtaining 100% financing and putting no money down. They gutted interiors and used every inch to grow pot, knocking down some walls and cutting holes in others to run water lines and ducts. They installed irrigation systems with timing devices and brought in water tanks, pumps, generators and power packs. They built scaffolding to raise plants 2 feet off the floor. To avoid suspicion from large power usage, growers bypassed a utility's electric meters and created their own circuit boxes. No one lived in the houses. After neighbors tipped off police last summer that garbage cans weren't being taken to the street on trash day, the growers started putting the cans out. They also hired gardeners to cut the lawn......Feelings are mixed over whether their neighborhoods are now safe. "It still seems like a .nice neighborhood," says Richard Johnson, who moved here a month ago. "lt happened, they're gone, so hopeful y it won`t happen again." Samantha Malone says she's moving. "I have babies. I don't want to be around that," she says. "Who's to say it's all taken care of anyway, or it's not going to happen next month." Source: http:/;www.policeone.com/drug-inierdiciion-narcotics/articles/1210)241 3 men found in marijuana cultivation house arrested By The Associated Press SOUTH LAKE TAHO)/ -- Three men were arrested after marijuana with a street value of more than X800,000 was found at a South Lake Tahoe rental home...Acting on a lip by a property management company, police found about 200 plants and 10 pounds of dried marijuana Thursday.....Debettencourt was on federal probation after a conviction for growing marijuana in at least four residences in Sonoma County, South Lake Tahoe police said. 7 75A-102 Police Sgt. Brian Williams said 1)ebettencourt is aself-described caregiver and grower of marijuana foe• people with medical needs. Williams said the suspect was renting the home. A fourth suspect was being sought, police said. Source: http://www.dail~reezc.comhlews/rek.5ta.te/articles/5187496.htrnl Police: 1Vlarijuana-Growing Operation Found In Roseville Home ROSEVILLE, Calif. - A house fre led to the discovery of an indoor marijuana-growing operation in a Roseville neighborhood Thursday morning, police officials said. Fire crews were called to a home.....to extinguish an electrical fire i.n the garage of the home. Authorities said when firefighters went inside the home, they found evidence ol'an extensive marijuana-growing operation. "There may be several hundred plants inside the house along with a sophisticated growing system, including lighting, irrigation, timers and obviously, a bypassed electrical. system.....Police said the home had been modified in the same way as other homes with marijuana-growing operations discovered in Elk. Grove, Stockton and other Northern California caminunities. The other homes were determined to be part of an organized ring based in the Say Area. Roseville police said they don't yet know if the Glenwood Circle home is tied to the Bay Area ring. Source: htt~~://www.kcra.com/news/.10785674/detail.html Marijuana growing operation discovered by firefighters 1/24/2007 Approximately 150 marijuana plants were confiscated from a house.....after firefighters responding to a call about a fire at the residence discovered an indoor growing operation......An Eureka police officer reported seeing an electrical circuit breaker that was attached to the outside of the garage on fire as he drove by the residence....The owner of the residence was not at the house when firefighters arrived and entered the garage to contain the fire, at which time they discovered the growing operation....,In addition to the marijuana plants, which ranged in height from 8 to 10 inches tall, Sheriff's deputies also seized six 1,000-watt growing lights froth the garage, as well as $1,500 from. inside the residence for possible asset seizure. The case remains under investigation and arrests are expected to follow Source: http:/Iwww.curekareporter,cam/ArticleUisplay.aspx?ArticlelD=19757 Marijuana-Growing Operation May Have Sparked Fire OCEANSIDE, Calif. -- A pre-dawn fire Thursday was apparently sparked by an overload of electricity that may have been tapped illegally to power lighting for a suspected marijuana- growingoperation, authorities said. Firefighters responding to the hlaze,.....entered the home's garage and found a "very elaborate and well insulated indoor greenhouse and what appeared to be several hundred marijuana plants being cultivated under artificial lights..... Heavy smoke filled the garage, adding that that flames shot from a wall near an electrical panel and traveled up the wall and into the home's attic. The flames were knocked down within 15 minutes, but du.e to additions in the garage and thick insulation around the alleged plant-growing area, crews remained on scene until 2:30 a.m. extinguishing pockets of fire..... Paramedics treated a resident at the scene for smoke inhalation. The man was later- airlifted to UCSD Medical Center for treatment, Lawrence said. Afire investigator detemlined the blaze originated in an area of the wall where the home's occupants illegally tapped into power lines feeding the residence, Lawrence said, 75A-103 The fire caused about $45,000 damage to the home's structure and contents, Lawrence said, adding that none of the suspected marijuana plants were burned. The Oceanside Police Department is investigating. Source: http:/1~uww.lOnews.com/news/1OS433)9/detail.htsnl Utility scam leads to pot Nearly $2 million in marijuana found in home with sophisticated electrical system K~u,.herine Koseriber~7, January 26, 2007 APPLE VALLEY -The numbers are about as staggering as the stench of marijuana was to investigators when they served a warrant at a local. home. Realizing they were being ripped off to the tune of $25,000, Southern California Edison. employees requested the help of the San Bernardino County Sheriffs Department in investigating a Riverside Drive home where the electrical system had been circumvented so that the residents were receiving free electricity....When officials arrived they found more than asix- to eight-month-long utility scam -the home was filled with 571. marijuana plants with the potential to gross nearly $2 million....... "It was really elaborate. I haven't seen one that good in years." Proctor also explained that there was roughly $50,000 in cultivation equipment alone. He said there was a processing room where seedii.ngs matured and a grooming room where trimming took place. The three-car garage was converted into a "grove" where heat lamps and cooling systems were on timers, water was filtered and carbon dioxide was pumped into the room to promote growth. "These people knew what they were doing. It was a very nice set up. These weren't amateurs," Proctor said. But the sophisticated system was also very dangerous to the community. Proctor said that Edison officials told him the daily kilowatt hours going into the home were 670 percent more than the kilowatt hours in an average home with the air conditioner running. "It was so hot it's a wonder That the house didn't catch on fire, it was that bad...... Source: http://www.vvdailypress.com/news/20070126/utility-scam-leads-to-pot California Agents Make $6 Million Pot Bust Updated: February 8th, 2007 11:36 AM EDT A major indoor marijuana growing operation was raided in West Sacramento on Wednesday. Authorities said the operation was discovered. inside a warehouse near a home on Jefferson Boulevard. Investigators said fh.ey received a tip about suspicious activity in the area and staked out the property. The West Sacramento investigation also led police to four other locations in Oakland. Authorities said four homes were searched and about 1,500 pot plants were found with a street value of $6 million. Five men and one woman were arrested in Oakland. Authorities said the bust would not have been possible without a tip from. a neighbor. Source: http://www.officer.cam/article/artic(e.Jsp`?siteSection=l&id=3481.3 Crackdown on Oakland marijuana ring; six arrested Henry .[..Lee, Chronicle Staff Wi-itc;r /Wednesday, February 7, 2007 OAKLAND --State and local law-enforcement swooped in on several Oakland homes today, including one across the street from an elementary school, as part of a crackdown on a Northern California marijuana-growing ring that produced plants with a street value of $6 million, authorities said. 9 75A-104 A total of six people were an-ested in Oakland and San Francisco.....Authorities seized 1,500 marijuana plants during raids of homes in Oakland and West Sacramento. Each plant had. a high content of the active ingredient THC and was capable of producing a pound of the drug....... Investigators found that every room there had been converted to grow marijuana and seized 700 plants......Authorities also found evidence of a marijuana-growing operation -- but no drugs -- at a home on the 1700 block of 11th Avenue in Oakland, Giorgi said. Al] six suspects were arrested on suspicion of conspiracy and cultivation of marijuana and wore each. being held in lieu. of $1 million at Yolo County Jail. Source: http://www.s(;~ate.com/egi- 17in/article.cgi'?f /c/aJ2007/02/07/BAGE6O0LSIL93.DT1_, BAhERSFLELD, Calif. --Benjamin Martinez, 21, was arrested at this home Wednesday in south Bakersfield. Police said they found 144 mature, high-quality marijuana plant`s and 35 non-budding plants inside his home, which altogether police estimate have a street value of $500,000. Along with the plants, police seized three pounds of processed high-grade marijuana and $12,200. Police also allegedly found Martinez in possession of a 9 mm Tec-9, a 9 mm Uzi pistol and a bullet restraint vest. Police said he could face weapons charges for having these guns. Martinez had completely sealed. the garage of the home that he rented three months ago and installed grow lights and a watering and feeding system, police said. Police called this a very sophisticated marijuana growing operation. Neighbors said that lvlartinez was quiet and. that they very rarely saw him outside. The BPD could not get into how it learned about this operation, but said that it believe he intended to sell the marijuana Source: http:i/www.ttu-nto23.corn/news/1097372.4/cletaii.html Marigolds make way for marijuana in suburbia By Patrik Jonsson ~ Staff writer of The Christian Science Monitor CREEKWOOD DRIVE:....Raids on 40 houses in 12 suburban Georgia counties over the past two weeks are one recent sign of what police say i.s a national trend in marijuana marketing: growing the illicit crop year-round indoors, using suburban homes as "grow- houses." Grow-houses - a spacious incarnation of the old grow-room -have proliferated.... as antidrug squads have chased growers off remote mountainsides and out of conifields. In these basements, lights hum with. thousands of watts across a sea of plants lodged in a hydroponics soup of nutrients. Upstairs, there's usually no furniture, police say, except a cot, a chair, and arabbit-ear TV. "It's the most impressive thing I've seen in 20 years of law enforcement," says Lt. Jody Thomas of the Fayette County Drug Taskforce.....The trend also signals that "production is moving closer to consumption" - a path that leads straight to the suburbs, says Jon Gettman; editor of the Bulletin of Cannabis Reform in Lovettsville, Va., which promotes legalizing marijuana for medicinal. use..... Experts say it was only a matter of time before syndicates began applying basic black-market principles: higher potency and consistent yields equal more profit........Here's how it worked...A wealthy buyer tied to a group of Cuban nationals in Miami bought homes in the endless suburbs of metro Atlanta. So as not to raise suspicion, growers illegally cut into public utilities such as water and electricity. Fences would go up in the backyards, and basement windows would be blacked over..... 10 75A-105 Harvested at 90-day intervals, the cured "buds" fetched as much as $6,000 a pound in New York City, where most of the suburban Atlanta crop was shipped. Police say a single Douse could yield more than $1 rnill.ion in profit a year......Growers may have had several reasons for setting up shop in subdivisions like Summit Chase here in Snellville. A key one, though, is the privacy ethos. Darrell Lamb, a local high schooler, says the smell of pot would "slap me across the face" as he and some friends shot arrows in the nearby woods. But he never called the police......Pre-bust, the biggest gossip in the neighborhood was how the house at 2851 Creekwood fetched one of the highest sales prices in the subdivision, $219,000. Post-bust, speculation centered on whether it would affect property values. Source: h~://abcnews.go.com/LtS/CSM/staz_•~'id=2022922 :Hotline launched to combat marijuana grow ops toronto.ctv.ca: In an effort to combat a rapidly increasing problem, Toronto police have launched a hotline for tipsters to report marijuana grow operations. In 2003, police busted 140 grow ops across the GTA, but that number more than doubled last year to 287. Officers raided two more large operations i.n the region last week. Police say grow ops are a dangerous problem plaguing neighborhoods. Now, they are asking the public to anonymously report any information on the drug activity so they can shut down. the illegal operations. Both police and members of the Chinese business community ai-e trying to get the word out to residents of Asian descent in particular who may have information on those linked to the organized crimes......McTeague says electrical safety authorities who notice spikes in electricity use should be mandated to report it to police. "We can pinpoint exactly where people are using unusual levels, high levels, unsafe levels, of electricity," he said. "Chances are there's probably marijuana grow operations." The hotline number is 41 b-808-3681. All information will be kept confidential and police won't ask for the caller's identity Source: http://toonto. ctv.ca/servlet/an/local/CTVNews/20070201/grow_op_hotline_070201/2007 0201 ?hub=TorontoHome Grow Op Criminals Using Deadly Booby Traps to Foil. Intruders Friday November 24, 2006 The hazards found in that massive n1ar~~juana apartment r~ ow_op on Thursday may have been mainly to building residents, a consequence of strained and overburdened electrical outlets that could easily have started a fre.....Police say organized crime has planted roots in the industry and that's raised things to a whole new level. And they warn those behind the illegal agriculture are getting increasingly nasty about protecting their investments. In addition to the usual pistols, cops have been confronted with caches of homemade bombs, machine guns and suspects wearing bulletproof vests or body armor. What the authorities are calling "pot pirates" often set booby traps to catch intrudea-s. And soiree of them are both astounding and potentially lethal.....But not everything is relegated to lethal force. In one case a suspect in full police regalia turned up at a pot plantation, trying to rip off a competitor. "He was a pot pirate trying to come in and steal someone else's illegal contraband." Rae refuses to reveal how her people avoid the traps, but admits "there's always something new coming along.".... 11 75A-106 They've shut down 450 different operations across Ontario so far this year and destroyed nearly 1.93,000 plants. The bottom line? If you suspect your neighbor is actually mm~ing a grow op, don't play amateur detective before you call the police. "If people have suspicions about it, don't go in and investigate, because you don't know what you're going to come across, but let our officers go in who are specially trained. Source: http://www.citynews.ea/news/n.ews_5562.aspx 1`darcotics task force had a busy year By BRAD SMITH Daily News Staff Writer Published: Wednesday, January 24, 2007 2:46 PM CST SISKIYOU COUNTY -Last year proved to be a very busy one for the Siskiyou County-wide Interagency Narcotics Task Force and its agents......"The numbexs are going up. Everything is increasing with the exception of heroin.. Humboldt County is having problems with heroin but not us. Not yet," Dunwoody said. According to Dunwoody, the task force, along with the SCSO's marijuana eradication team, has seen the abuse of the Proposition 215 medical marijuana recommendations. "It's unfortunate. lt's a problem that we'll have until the state takes a stand on the medical marijuana l.aw," Dunwoody said. "There are people who take advantage of the law for financial reasons, not medical. When you can get more than $3,000 for a pound of processed dope -1 would call that a big incentive." Along with marijuana, methamphetamine is the county's biggest drug problem. Source: ~://www.sisk~ot~daily.com/articles/2007/01 /24/news/doc45b7c473ee1~ 1 1)9369502.tx t 20-Month-Old Child Discovered In Alleged Marijuana Grow-Op Thursday .March 15, 2007 It's becoming a far too common occun•ence -marijuana grow-ops located in the middle of a neighborhood where no one suspected a thing. Now authorities have found two more of the alleged drug gardens....Both homes are in Brampton. and involve the combined seizure of nearly 250 plants and 95 pounds of freshly harvested pot, along with some cold cash. But the alleged pot find isn't what really disturbed the officers involved. One house contained something far more valuable and far more vulnerable - a 20-month-old child.......The parents of the youngster were among four people arrested. lt's the third time this week that officers have found kids in a place where danger is lurking......The child is now in the custody of the Children's Aid Society, But Burnham wishes there was more that could be done to protect the innocent. "I'tn appalled," she declares. "I wish there was a way that John Q. Public could spot these things faster."....There have been far too many instances of children found i.n grow-op or drug producing homes in the GTA this year. Here are just a few of them: January 6`~'; Cops raid. a home on London Road in Newmarket and find 350 pot plants in the basement and two kids, ages 10 and 12, living inside. Both are turned over to the Children's Aid Society (CAS) and two men are arrested.. 12 75A-107 January 23"~; A silent 911 call forces police to check out a home on Simonston Boulevard. in Markham. Whoever made it will regret the unexplained hang-up. Authorities are surprised to find agrow-op on the premises. Mare than 100 plants were inside and so were a 10 and. a 15-year-old. Both were turned over to the Children's Aid Society. January 24ti'; York Police visit an address on Weldrick Road in Richmond HiII and find 450 pot plants, a lot of hydroponics equipment and two kids. One is 12 years old, the other only 11 months. Source: http://www.citynews.ca/news/news 5562_a~x As scrutiny has increased, some dispensaries have been exposed as mere money making enterprises despite the supposed restrictions of "non-profit" or "reasonable compensation". Even these blatant manipulations of Prop 215 and SB420 are defended by the likes of the Americans for Safe Access and former Senator Sohn Vasconcellos. Marijuana clinics prompts U.S. crackdown The Associated Press /Published: March 10, 2007 LOS ANGELES: U.S. drug agents trailed Sparky Rose as he drove a Porsche convertible to his medical marijuana clinic. Under California law, clinics are supposed to dispense marijuana only to seriously ill people, and clinic owners are to get only "reasonable compensation." But to the U.S. Drug Enforcement Administration, the sports car suggested that Rose might be pocketing big money from his purportedly nonprofit clinic.....According to court papers, an investigation found records showing $2.3 million was deposited in a clinic bank account over eight months starting in December 2005, and Rose wrote himself weekly checks of $9,fi00 ($499,200 per yr). California was the first of 12 states to allow the sale of marijuana for medicinal purposes; and it is regarded as having the loosest regulations. Oversight is lax, and there are few specific guidelines for buyers and sellers of a drug still illegal under U.S. law......Federal officials raided 1 l Los Angeles-area dispensaries in one day in January, the largest such crackdown....DEA spokeswoman Sarah Pullen said authorities chose clinics that were making big money, had became hot spots for crime or were part of large franchises. The raided clinics on average made $20,000 in profits each day, she said......Police, clinic owners, activists and legislators -even the law's author -cannot say for sure how much money clinic owners can legally earn. "A profit is in the eye of the beholder," said Joseph David Elford, a lawyer for Americans for Safe Access, a medicinal marijuana advocacy group. 1Llford said ahands-oft government approach to the clinics should boost competition, keeping marijuana prices affordable for those who need it and forcing owners to limit profits. Pullen said that has not happened. The author of the 2003 law, then-state Sen. John Vasconcellos, has no problem with clinic owners earning Hefty salaries as long as they provide help for ill people........ "We're helping people who are sick and they have this fascist mentality against good health and pleasure," Vasconcellos said...... Source: htt.p:/!www,i]}t.comlarticles/ap/2007/03/]0/america/NA-GEN-US-Medical- Mari juana.php 13 75A-108 DEA targets marijuana providers 01.13.07~Tribune By Rone Tempest Until federal drug agents arrested. him earlier this month., Shon Squier was one of Hayward's most successful and generous young businessmen. Customers lined up outside his downtown storefront, particularly on Mondays, when he offered free samples to the first 50 visitors......But Squier's success as a dynamic medical marijuana entrepreneur also was his downfall. Federal drug agents raided his home and business, arresting Squier and his store manager, freezing bank accounts containing $1.5 million and confiscating several expensive cars, motorcycles and $200,000 in cash. Medical marijuana advocates claim that the raid constitutes unfair, selective enforcement by the Drug Enforcement Administration (DEA) of the estimated 170 medical marijuana dispensaries in the state, including 85 in the San Francisco Bay Area.... The federal drug agency...contends that the amount of money involved proves that the medical marijuana trade is high-stakes drug dealing, complete with the same high-rolling lifestyles. "These people will tell you they are just uiterested in the terminally ill," said Gordon Taylor, DEA special agent in charge of the California eastern federal district, "but what they are really interested. in is lining their pockets with illegal drug money.....With the proliferation of medical marijuana dispensaries of all sizes across the state, the DEA and Internal Revenue Service recently have concentrated their investigations on young, high-profile operators such as Squier, 34, and Luke Scannazzo, 26, co-owner of a Modesto dispensary. Scarmazzo got the DEA's attention by producing a rap video that showed him counting stacks of X100 biIis; blowing billows of smoke at the camera and flipping off federal agents......between January and. June of last year, Scarmazzo, who has a previous felony conviction, and his associates recorded $3.4 million in sales of marijuana products with brand names that included "911,"AK47" and "Train. Wreck."...... Source: http://www.marijuana.corn/420/drug-war-headline-news/51833-ca-dea-targets- marijuana-providers.html DEA raids 11 marijuana outlets Agents seize drugs, guns and cash, prompting W. Hollywood protests. Twenty are detained, but no charges are filed. By Tami AbcioIlah, Times Staff Writer /January 18, 2007 Federal agents Wednesday raided 11 medical marijuana outlets in Los Angeles County, seizing several thousand pounds of processed drug, hundreds of marijuana plants, an array of guns and bagfuls of cash. The simultaneous raids, part of an ongoing investigation by the U.S. Drug Enforcement Administration, were the largest such operation in the county in recent memory......The action by federal agents angered some local officials and was taken despite a state law permitting possession and cultivation of marijuana for qualified medical patients.....Sarah Pullen, spokeswoman. for the DEA's Los Angeles field division, said agents seized large quantities of marijuana-laced edibles that included "anything from ice cream. bars to lollipops to cookies to candies and candy bars."..... 14 75A-109 West Hollywood off cials said they were taken by surprise, only learning of the raids as they occurred. West Nollywood has a "long-standing commitment" to the use of medical marijuana for people with such catastrophic illnesses as HIV and AIDS, city spokeswoman Helen Goss said. "We've been fighting to support the access of medicinal marijuana for many, many years and there's just a great disconnect between the federal government and communities like West Hollywood," Councilman Jeffrey Prang said......According to Pullen, neighboring businesses and residents had complained about a significant number of the dispensaries, and there had been increased reports of crime in the areas around the outlets. "Anyone in possession, selling or distributing marijuana is in violation of federal law and subject to prosecution," she said....... Times staff writer Stuart Silverstein contributed to this report. Source: htt~//www latimes.com/new:s/~~rintedition/cali.tornia/la-me- n~ari j uana 18 j an 18 1 14fi8f 04.story'?coil==la-headlines-fie-California&ctrack==1 &cset-true Owner of Claremont marijuana dispensary fined Associated Press CLAREMOI~TT, Calif. -City officials are fining the owner of a medical marijuana dispensary $500 a day for staying open despite being found guilty last week of operating without achy-issued business license. The city is also seeking a court injunction to force Darrell Kruse to shut down the dispensary, City Manager Jeff Parker said. If Kruse stays in business, his fine will work out to more than $10,000 a month, which will be added to the city's general fund, Parker said. Kruse said he intends to stay in business as long as he can afford it. "I was figuring they would find a way to tax it, and they have," Kruse said of th.e f nes. State law permits possession and cultivation of marijuana for qualified medical patients. Kruse's business, Claremont All-Natural Nutrition Aids Buyers Information. Services, or CANNABIS, opened in mid-September. The city subsequently passed a moratorium on medical marijuana dispensaries. The moratorium can run no longer than. two years, and the city must at that time decide whether to allow and. regulate dispensaries. Information froth: Inland Valley Daily Bulletin. Source: http~//www mercurynews.com/mld/mercurynews/news/breaking news/1(49131.S.lrtm Moratorium sought on new pot clinics Bratton cites opening of 94 medical marijuana dispensaries in L.A. in a year and calls for rules to regulate the facilities. By Patrick McGreevy, Tunes Staff VVriier Janii~ry 1 G. 2007 State laws have been 'exploited and abused for both profat and recreational drug use.' -L.A. Police Chief William J. Bratton Concerned by a 2,350% increase in the number of medical marijuana dispensaries in Los Angeles in a one-year period, Police Chief William J. Bratton is calling for a moratorium on new facilities until strict rules can be adopted governing them. In a report to the Police Commission, Bratton said he wants to ban. existing dispensaries within 1,000 feet of schools, churches, parks and places designated exclusively for the care of children. l.5 75A-110 He also advocates limiting their hours to 10 a.m. to 6 p.m.....Bratton said the number of dispensaries increased from four in November 2005 to 98 a year later. "This has fostered an increasern ... crime problems and caused quality-of--life issues for families and communities, as evidenced by the l10 complaints received from neighbors, business owners and concerned citizens concerning these dispensaries," Bratton's report states. The Police Commission will. consider his recotmnendations today. Los Angeles Police Department officers have been called Co clinics because of problems i.n.ciuding robberies, burglaries and drug use in front of the clinics, Lt. Paul. Vernon said. Without regulations, he said, officers are hamstrung. In the absence of specific zoning rules, 12 of the medical marijuana dispensaries in Los Angeles have opened within 1,000 feet of schools, Bratton said. "One clinic blatantly resorted to placing fliers on the windshields of vehicles parked in and around Grant .High School in an obvious effort to entice children," Bratton said......The clinics have proliferated elsewhere as well, although Los Angeles, as the state's largest city, has the most, said Joseph Elford of Americans for Safe Access, a group in support of the clinics. But San Francisco, with about 30 clinics, has more per capita, or about one per 25,400 residents, while Los Angeles has one dispensary for every 39,200 people. On i1~Ionday, advocates for medical marijuana disputed that the dispensaries are magnets for crime, and expressed. concerns that Los Angeles officials may reduce patients' access to the drug.....the spirit and intent of this act has been exploited and abused for both profit and recreational drug use by many of the medical marijuana dispensaries in the city of Los Angeles," Bratton said...... ap trick.mcaree ~vlatimes.com Source: http://www.latimes.com/news/printedition/californialla-me- drugs 16jan 16,1,1958373.story?coil=la-headlines-pe-California Some Santa Cruz pot users, sellers find loopholes in state's medical marijuana laws By Shanna McCord /Sentinel staff writer SANTA CRUZ - Hal f the calls t.o criminal defense attorney Ben. Rice are people busted for growing, selling or usiig marijuana. Rice has developed a reputation for protecting the rights of those who buy and sell the drug under the 10-year-old state law that makes marijuana legal for sick people. While most of those seeking Rice's services are legitimate medical marijuana patients or caregivers, he estimates 30 percent are not. These people aren't sick, he says, and are simply trying to hide behind the Compassionate Use Act for recreational or profit-making reasons. "Absolutely, no question about it, some people do take advantage of the law," Rice said.....Authorities say they regularly see perfectly healthy people, some found with several pounds of marijuana, claim the drug is for a sick friend or relative. The problem, authorities say, is proving otherwise. Ambiguities in the laws force police to let many people off scot- free because it's often difficult to prove guilt beyond a reasonable doubt in a court of law, said sheriff s Sgt. Steve Carney, the head of the county's Marijuana Enforcement Team. Out of 10 people stopped on suspicion of marijuana crimes in the county, only two cases are sent to the District Attorney's Office on average, Carney said...... 16 75A-111 "The percentage we deal with that I believe are truly legitimate is 1 percent," Carney said....Prosecutors say cases like that of Edwin Hoey, which is now going through the local legal system, are an example of someone hiding behind. the medical marijuana law for profit. Hoey, a Santa Cruz man, was arrested in December when deputies found 100 pounds of marijuana at his residence during an investigation. His attorney, Rice, claimed Hoey was providing pot for local medical marijuana dispensaries. However, more than $500,000 in cash and a French wine collection valued at $150,000 found in Hoey's possession lead prosecutors to believe he was selling marijuana to make a big profit. They say he sold pot to non-medicinal customers on the East Coast. Hoey has been. charged with three counts of selling marijuana. "I-Ie was taking advantage of the medical marijuana law," prosecutor Pamela Kato said. "This really is a case of greed. It's a travesty of the law" Rice denies Kato's assertion, saying "the vast majority" of Hoey's marijuana was intended for people with a medical need......The state Attorney General's Office agrees abuse of the medical marijuana system is widespread because the unclear laws leave plenty of room for cheating. "The medical marijuana Iaw left a lot to be desired in terms of clarity," said Nathan Barankin, spokesman for the state Attorney General's Office. "There's more work to be done" Many in the legal community hope the ambiguities of th.e law will be sorted out in the courts. Several cases regarding medical marijuana are currently pending in the courts to help determine parameters for users and caregivers. Kato, the county prosecuxor, said clearer rules would make her job easier and put tnore people behind bars. No other state medical marijuana-related bills are in the works at this time, however the deadline to propose legislation for this year is Feb. 23. Source: http~//wwtiv.santacruzsentinel.com/archive/2007/ 1 anuaryl2$/local,/stories/02loca.l.htm Just Say No to Marijuana Dispensaries in SCV Commentary By Frank Ferry /Sunday January 28, 2007 Much has been written IateIy about the licensing of medical marijuana here in our community. As chair of the city of Santa Clarita's Blue Ribbon Task Force and an avid opponent of marijuana use and dispensaries, I feel compelled to share some facts and research with you, as well as some opinions I have as a parent and school. administrator. First and foremost, you need to know that drug use, especially marijuana use, among teens doesn't just exist in the Santa Cl.arita Valley. It is rampant. Now, I know for same of you parents, Phis is not troubling to you. Heck, you used marijuana in your teens; you smoked and drank beer; you see i.t as a right of passage and you are not concealed. What you might not know is that the marijuana that is available to teens today is much stronger than. the marijuana that was available in the 1960s or 1970s. Sometimes it is also laced with other, more potent drugs. Marijuana is physically addictive. Each year, 1.00,000 teens are treated for marijuana dependence. Teens who smoke marijuana heavily experience many the same symptoms of withdrawal as users of nicotine. Between 1991. and 2001, the percentage of eighth graders nationally who used marijuana doubled from 1 in 10 to 1 in 5. Kids are using marijuana at an earlier age. Research indicates that the earlier teens start using marijuana, the more Iikely they are to become dependent on this or other drugs later in life. 17 75A-112 Of teens admitted for treatment for marijuana dependence, 56 percent had first used the drug by 14 years of age, and 26 percent had begun by 12 years of age (Kids and iYlariju.ana). According to a National I-Iousehold Survey on Drug Abuse (NHSDA}, marijuana was the most frequently used drug of choice by teens...... This "slippery slope" is what concerns me. Those truly in need and eligible. for medical. marijuana in our community are a very small group compared with the large number of teens who may "slip through the system" and be able to obtain marijuana from a dispensary. White ,you might say that "kids will get it anyway," 1 say, let's not be our kids drug dealer! ......If you are interested in learning more about the Blue Ribbon Task Force or becoming a member, contact the city at (661) 255-4965. We welcome your support. Frank Ferry is a member of the Santa Clarita Ciiy Council. His column reflects the city's views, and not necessarily those of The Signal. Source: http://www.fhe- si.gnal. com/?modul e=displaystory&story_id=45924&foimat=html Medicinal pot dispensaries under scrutiny By Sandy Mazza Staff Writer WHITTIER -Some arrived wearing hippie clothes and facial piercings; some wore suits; others were dressed in jeans and sweat shirts. The diverse group of people filled out paperwork as they sat silently inside a waiting room at the Holistic Clinic on Whittier Boulevard. All of them had come for one reason - to receive a physician's recommendation for medical marijuana. For just two hours every Thursday evening, a doctor opens shop at the clinic, evaluating people seeking marijuana. They come with $150 for the doctor's fee and an assortment of ailments -from cancer to AIDS to migraines, menstrual cramps and even sore muscles. ...ambiguity has spawned a booming cottage industry of medical marijuana providers.....Same police officials say abuse of medical marijuana is widespread and growing, and includes recreational users easily getting marijuana recommendations from profit-motivated physicians; dispensaries turning to illegal growers for supplies; and people selling their medical pot on the streets. Surveying this new landscape, Proposition 215 co-author the Rev. Scott Imler laments this is not what he envisioned when he helped write the measure on behalf of severely ill patients, he said. "When we wrote 215, we were selling it to the public as something for seriously ill people," said Imler, who opened the state's first marijuana dispensary, in West Hollywood. "It's turned into a joke. I think a lot of people have medicalized their recreational use."..... Although some local police officials report seeing the state's marijuana laws being abused, they complain they are powerless to stop it. "What's happening is that every pothead out there is pulling the wool over the public's eyes, paying a doctor for a recommendation," said. Lt. Jim Bitetto of the Los Angeles County Sheriffs Department. "The majority of people who go into those places are younger and don't appear to be ill at all. It's making a joke of the whole system." Imler, too, believes that many dispensaries now buy marijuana illegally from drug dealers. While medical marijuana patients are allowed to grow up to 12 plants each under Proposition 215, most dispensaries have found it is cheaper and less labor-intensive to buy it, Irnler said. 18 75A-113 As a result, patients who could truly benefit from marijuana are paying high prices for the drug, he said. "The sad thing is that, ] 0 years later, you. still have to have $$0 to get marijuana if you h. ave cancer or AIDS. Our program was a charitable program ... We were based on being off the black market." At the Holistic Clinic, Armando said many medical marijuana users get negative reactions from their families and friends, Arn~ando said. "People come in here afraid of being put into a database, afraid of their mothers, fathers knowing,".... Source: http-~~~h~ww 5{*~~tribune.com/news/ci 5159040 While collecting information on this topic, I had an opportunity to view some interesting viewpoints proffered from those both in and outside of California as well as abroad. What they have to say about Marijuana's medical use and our current system is tnteresting reading. Even people who initially supported legalizing or providing marijuana for medicinal purposes are reexamining their position or at least calling into duestion the abuses of our current system. England: Cannabis: An apology In 1997, this newspaper launched a campaign to decriminalize the drug. If only we had known then what we can reveal. today... By 3onathan Owen Published: 18 March 2007 Record numbers of teenagers are requiring drug treatment as a result of smoking skunk, the highly potent cannabis strain that is 2.5 times stronger than resin sold a decade ago. More than 22,000 people were treated last year for cannabis addiction - and almost half of those affected were under 18. With doctors and drugs experts warning that skunk can. be as damaging as cocaine and heroin., leading to mental health problems and psychosis for thousands of teenagers, The Independent on Sunday has today reversed its landmark campaign for cannabis use to be decriminalized.....The decision comes as statistics from the NHS National Treatment Agency show that the number of young people in treatment almost doubled from about 5,000 in 2005 to 9,600 in 2006, and that 13,000 adults also needed treatment. The skunk smoked by the majority of young Britons bears no relation to traditional cannabis resin - with a 25-fold increase in the amount of the main psychoactive ingredient, tetrahydrocannabidinol (THC), typically found in the early 1990s. New research being published in this week's Lancet will. show h.ow cannabis is more dangerous than LSD and ecstasy. Experts analyzed 20 substances for addictiveness, social harm. and physical damage. The results will increase the pressure on the Government to have a full debate on drugs, and a new independent UK drug policy commission being launched next month will call for a rethink on the issue. The findings last night reignited the debate about cannabis use, with a growing number of specialists saying that the drug bears no relation to the substance most law-makers would recognize. Professor Colin Blakemore, chief of the Medical Research Council, who backed our original campaign for cannabis to be decriminalized, has also changed his mind. 19 75A-114 He said: "The link between cannabis and psychosis is quite clear now; it wasn't l0 years ago." Many medical specialists agree that the debate has changed. Robin Murray, professor of psychiatry at London's Institute of Psychiatry, estimates that at least 25,000 of the 250,000 schizophrenics in the UK could have avoided the illness if they had not used cannabis. "The number of people taking cannabis may not be rising, but what people are taking is much more powerful, so there is a question of whether a few years on we may see more people getting i11 as a consequence of that." "Society has seriously underesrimated how dangerous cannabis really is," said Professor Neil McKeganey, from Glasgow University's Centre for Drug Misuse Research. "We could well see over the next 10 years increasing numbers of young people in serious difficulties."...... Source: http://news.independent.ca.uk/uk/health_medical/article236$994.ece A British survey finds that half of a^ crime suspects and 57 percent of young offenders admit recent smoking of marijuana. The Home Office, for the first tune, questioned people who had just been arrested, the Daily Mail reported. The rate of marijuana use was significantly higher than. expected. The government downgraded cannabis from a Class B to a Class C drug in 2004. "These alarming statistics raise serious questions about the consequences of the government's chaotic and confused policy on drugs," said David Davis, the Conservative Farty's Shadow Home Secretary. "We have long said that drugs fuel all sorts of crime. This is because they both undermine a person's sense of responsibility but also because takers anal addicts need money to feed their habit." White 57 percent of those arrested were identif ed as problem. drinkers, far smaller percentages said they had used heroin or cocaine. Source: ht~~/lwww playfuls com/news 10 7742-Stud.v-Links-Marijuana-To-Crime.html Canada: Speakers to talk about marijuana use By STEPHANIE WA.DDBLL It might only be a joint, but territorial prevention consultant Sandy Bowlby wants Yukoners to know there are harmful effects that come with it. "It is a drug and it is addictive," Bowlby, a prevention consultant with. the territory's prevention services department, said in an interview earlier this week. New studies have indicated marijuana is physically addictive, heightens cancer rates and risks to mental health and impacts short-term memory, Bowlby said....Over the past 15 years, cannabis use in the territory has risen from 1 b per cent of Yukoa~ers to 21 per cent....Meanwhile throughout the country, the study showed ] 4 per cent of Canadians smoke pot. There seems to be a perception. that pot is a safe drug, Bowlby said. Recent studies, however, have indicated it can be physically addictive. In the past, marijuana has been regarded as a drug that is not physically addictive. Research done in more recent years, Bowlby said, has shown heavy pot smokers who quit suffer from anxiety, sleeping problems and have shown anger issues while their bodies are getting rid of the drug. It's also been found recently that when a marijuana user also smokes tobacco, his or her risk of cancer not only increases by a little bit, but multiplies. 20 75A-115 There are also ties linked to marijuana use and psychophrenia, not to mention the short-term memory loss that can have an impact on learning and everyday tasks such as driving, Bowlby said. The information, she said, has come from a number of studies done throughout North America. In recent years, it's also been teamed marijuana has more THC (a chemical i.n pot) in it than it had in the past. "That will change what it does in someone's body," Bowlby said. While Bowlby stressed pot may not be a gateway drug for everyone, it has been shown the younger a person starts snicking weed, the more likely he or she is to become addicted to it or move on to other drugs, Source: http•//www whitehorsestar cony/auth.php`?r=45899 National: In Their Words: What the Experts Say: The American Academy of Ophthalmology: "Based on reviews by the National. Eye Institute (NEI) and the Institute of Medicine and on available scientific evidence, the Task Force on Complementary Therapies believes that no scientif.c evidence has been found that demonstrates increased benefits and/or diminished risks of marijuana use to treat glaucoma compared with the wide variety of pharmaceutical agents now available." Complementary Therapy Assessment: Marijuana in the Treatment of Glaucoma, American Academy of Ophth.ahnology, M.ay 2003 The American Medical Association: "...AMA. recommends that marijuana be retailed in Schedule I of the Controlled Substances Act...AMA believes that the NIH should use its resources and influence to support the development of a simoke-free inhaled delivery system for marijuana or delta- 9-tetrahydrocannabinol (THC) to reduce the health hazards associated. with the combustion and inhalation of marijuana..." Policy Statement H-95.952, American Medical Association, http•//www.ama-assn.or~ The National Multiple Sclerosis Society: "Studies completed thus far have not provided convincing evidence that marijuana or its derivatives provide substantiated benefits fox symptoms of MS." The M.S :Information Sourcebook, Marijuana (Cannabis), National Multiple Sclerosis Society, September 18th, 2006 The Institute of Medicine (TOM): "Because of the health risks associated. with smoking, smoked marijuana should generally not be recommended for long term medical use." Marijuana and Medicine: Assessing the Science Base, Institute of Medicine, 1999 Source: http•//www wlvtehousedrugpolicy aov/druufactJfactSht/medical mariiuana.h.tml 21 75A-116 Drug Violence: State 1VledicallVlarijuana Laws Creating More Confusion and Abuse Posted Friday, March. 02, 2007 1.2:13 PM Today's New York Times covers the laiest murder generated by the passage of State- based "medical" marijuana laws. For years, marijuana legalization groups have worked to bypass the Su . reme Court`s decision, the PDA's ofi5cial lntera~;ency Advisory, and Federal. law regarding medical marijuana. Symbolic medical marijuana laws which have been. passed in some U.S. states have given too many citizens the false impression that growing and distributing marijuana is safe and legal...... "Since 1997, after the first medical marijuana law was passed in California, as many as 201egal marijuana providers have been killed around the country, mostly in robberies..." ..Mr. Gorman's killing, legal experts say, has exposed the paradoxes and ambiguities about medical marijuana that most states have failed to gn'apple with. The Colorado Department of Public Health and )nviranment, which administers the marijuana program, is not authorized, for example, to provide i.nforrnation about where the 1,100 patients who are certified under the program can obtain thew drugs, according ~~ to the department s Web site... Not only do these State laws create confusion, but they also foster abuse. As we've noted previously, the co-founder of California's medical marijuana has lamented its passage stating that, "We created Prop. 215 so that patients would not have to deal with black market profiteers. Bu.t today it is all about the money. Most of the dispensaries operating in California are little more than dope dealers with store fronts." Source: http:/(pushingback.com/blogs/pushing_back/archive/2007/03/02/30b03.aspx Oregon 1Vledical marijuana abusers {February 7th, 2007] In preparation for a state law enforcement conference last year, Portland Police Sgt. Pat Walsh called drug units across Oregon to aslc what they were most worried about. The answer: medical. marijuana. "It's not Grandma with stomach cancer that we have a problem with," Walsh says-it's the scores of people using the law as a cover for slinging dope, giving those with a Legitimate need a bad name. So in the name of the legit growers in our Jan. 24 cover story, "Garden of Weedin'," we make medical marijuana abusers this week's Rogues . Law-enforcement officials say once a medical marijuana card is issued, there's little oversight to make sure the right amount of pot is being grown and that all the nugs are going to patients. Portland police don't keep separate statistics onmedical-marijuana cases, but estimate they investigated about 30 such cases last year. In one such case, residents of a home on Portland's North Terry Street had two medical. marijuana cards, letting them legally grow 12 marijuana plants. Source: htt~//www wweek com/editorial/3313/8516/ 22 75A-117 Calil:arnia How does a person get a Medical Marijuana card? How did you get yours? There are certain Doctors who specialize in prescribing Medical Marijuana or "Cannabis" (as they ]ike to call. it). They advertise in the LA Weekly and some are more legit than others. I have seen a CA Medical Marijuana card before but I do not have one and that is not what legally allows you to posses Marijuana for personal use. It is the Doctors prescription and you need that before you get any cards. Most doctors don't care if you are "sick" or not. Besides, some of the legitimate reasons a person CAN be prescribed Medical Marijuana are as vague as, "Pain". So, the Doctors are trying to help sick people feel better AND they are trying to help healthy people feel better!.....I had to fill out normal Doctor's Office forms and write about how I needed Cannabis for whatever medical reason I chose (They were listed on the form in case I wanted to choose one on the spot}. I chose pain because of my many sk8baarding injuries and proceeded to pay his secretary $250.00 for a one year prescription for Medical Marijuana. I couldn't believe it...... Then what did you do? I made some calls and got this number - (213) ~###-#####. It only costs S 100.00. I called and made an appoin.tinent for the next week. Before the next week could come a friend of mine text messaged me about a "Prescription Party" he was having where a Doctor would be signing prescriptions {for a fee of course). I showed up late and most people had gone home or drank and smoked themselves into a stupor. Lucky for me the Doctor was included in the drunk, smoked out portion of the partygoers. 1 managed to get away with paying him only X50.00 and I gat a prescription for Vicodins too! My point is - It is very cheap and easy to get a prescription now and no one seems to care that the majority of the people taking advantage of alI this- aren't terminally ill. Why is it better than buying pot from the neighborhood pot dealer? #1}The hest quality and variety in the world. There are over 100 "weed stores" from Long Beach to The Valley and the weather is right! #2) They accept credit. You can have no money in the bank and walk out of a weed store with an ounce of OG KUSH. #3) You can complain. If "Lil Smoker" down the street sells you a short I/4, you're shit out of luck. But when the weed store shorts you, you can tell them. and they will hook you up. #4) Less risk. Sure, these places get raided every once in a while but the customers are never arrested. At worst, you might get questioned for a short period of time, but who cares? If you are doing a drug deal at a gas station or something, that's sketchy. Or worse, sitting in the drug dealer's living room with an ounce in your pocket when he gets raided, you are going to jail. #5} Convenience. With so many stores and Internet access (www.canorml.or~) You can find a good place, close to you that will be open when they say they are (a lot of places are open until midnight}! 23 75A-118 Are most of the people shopping at the Medical Marijuana Clinics legitimately sick? No. But, is anyone legitimately sick`? What is the best/worst thing about having a medical marijuana card? The best thing is always having the best weed. The worst thing is spending all my money on always having the best weed. Source: http://www.laist. com/archives/2007/01 /22/laist_interview_a_local_medical_marij uana_c ardholder.php SANTA CRUZ: OPINION: As We See It: Medical marijuana abuse? March 1 Z, 2007 Like Capt. Renault in the movie classic "Casablanca," we were shocked -shocked! - to discover that some proprietors of medical marijuana clinics have pulled down millions of dollars, even as "nonprofit" cI.inics. We're also shocked -shocked! - at reports that just maybe some people without a medical condition are picking up their pot at medical marijuana stores. Most people in Califonlia, including us, support the idea of those in need of relief from disease or from chemotherapy being provided wi#h marijuana to take away pain. But we can't understand what has led this state to adopt a system of distribution thatts so easily corrupted. The 1996 state initiative that allowed legal medical marijuana is such a badly conceived law that we think even pot smokers should have voted against it.... Former state Sen. John Vasconcellos has bias#ed the federal Drug Enforcement Agency for keeping an eye on medical marijuana clinics. He told The Associated Press recently: "We're helping people who are sick and they have this fascist mentality against good health and. pleasure" Actually, there's more to this than "good health and pleasure," and Vasconcellos should know better. Far example, agents went into a Sacramento marijuana clinic and took away two loaded handgwls and 60 pounds of processed marijuana. In Los Angeles, agents raided several clinics, and discovered that the average clinic lead about $20,000 in profits each day. There were four dispensaries in Los Angeles in 2005; today, there are more than 100.... Los Angeles Police Chief William Bratton has actually gone on record saying that the outlet operators are more interested in big money than they are in. providing a service to ill people. Police officers and narcotics agents found that the operator of another clinic in Los Angeles deposited $2.3 million a bank account within eight months of starting business. We realize that some clinic operators are doing so out of concern for clients in need. Not every clinic is a problem. But it's obvious -handguns, millions in bank accounts, Porsches, huge amounts of processes marijuana -that there's some abuse going on here. Some might say that marijuana trafficking is a kind of victimless crime and. that at least sick people are being served. But any time you have big money, handguns and suspicious involvement from people on the street, you know there's a problem. Local cities and towns more and more are going to be looking at ways of keeping trouble out of certain areas. 24 75A-119 After all, cities try to regulate the number of liquor stores and bars, just because abuse can happen. It's obvious that pot clinics need regulation as well. What we'd prefer seeing is putting marijuana prescriptions in the hands of doctors, and removing the potential for abuse in obviously under-regulated marijuana dispensaries. Source: http://www.santacruzsentulel.comlarchive/2007/March/12/edit/stories/01 edit.htm hiding Nigh 01.27.07~Los Angeles Business )oun~~By Deborah Crowe With tittle fanfare until this month, Los Angeles County has quietly become the country's capital of medical marijuana. In the last tvvo years the number of marijuana dispensaries in the county has ballooned from a relative handful to more than 200, according to most estirnates......Maiiy of them. have opened in strip shopping centers, typically using such. names as "compassionate caregivers" ar "patient collectives" -names that seldom mention marijuana. Even the Rev. Scott linter, who co-authored the ballot initiatwe that legalized medical. marijuana, thinks the industry that he inadvertently helped create has gotten out of control. "We created this beast that t'rankly the state and. local governments have been too slovr to regulate," Imler said. "We're a liberal state and everyone wants to bend over baclzwards to be compassionate and. understanding and. groovy. And they get taken advantage of." .....A report presented to an Oakland oversight committee last faU estimates Californians consume between $870 million and $2 billion worth of medically related marijuana each year.... Mi~shiroaming Indzr,slt~~ California was the first of 10 states to pass a medical marijuana law. But no other metropolitan area has nearly as many marijuana storefronts as Los Angeles. The Bay Area, for example, has about 70. Still, the medical marijuana industry got a slow start in California......However, in 200] a West Noilywood cooperative that was organized by haler was raided by federal authorities and shut down......As that case made its way through the courts, the Califol7~ia Legislature in 2003 passed SB 420, which recognized the right of patients and caregivers to associate collectively to cultivate medical marijuana. Subsequent court decisions expanded thai protection to retail-style dispensaries. However, the industry remained stunted because of criminal cases such as Imler's. But in 2005, Im1er's case was settled.. He got one year's probation. Attorney John Duran, a councilman in West Hollywood who successfully defended Tinier, said that once it was clear that. tinier wouldn't be heading to prison, local. entrepreneurs were emboldened to launch their own clinics -despite the threat of federal raids. The dispensaries were aided by the tack. of specific regulations covering these businesses within many jurisdictions of Los Angeles County, particularly in the city of L.A. The county and many cities inside it scrambled to enact moratoriums to give them time to decide whether to regulate or ban the shops. At Least eight cities now have moratoriums in place, while Torrance and Pasadena in the past year have banned clinics. In November, Los Angeles police offcials began. talking seriously about enacting a moratorium. 25 75A-120 That set off' a scramble by many to open shops to beat any decision - and led to the 45 shops that opened in the city. lr.~ all, the city of Los Angeles has ] 4g retail-like medical marijuana shops or home-delivery services. "Out of the chaos, that's where the opportunists move in," Duran. said. Dispensary owners who contend they work. hard to run. a reputabtc operation take issue with the opportunist label, though several. declined to calk to the Business Journal for this story......Uuder state l.aw, in order to receive medical marijuana, patients must get a doctor to provic]e a written recomrl~endation -nicknamed. scripts, although they're technically not prescriptions. The scripts also give the recipients the right to legally grow marijuana f<~r medical purposes. For roughly $70 to ~ 100, depending on the neighborhood, patients with a script can ptrrchase one-eight}. of an ounce of processed n~ariju.atla for personal use......Prices at dispensaries, sometimes known as cannabis clubs, tend to be equivalent to or slightly higher than pot available on the street, with clinic owners touting the greater safety and. cleanliness of their facilities. (Wltilc~ ASA and others complain about inflated dollar estimates for seizures, at $70- $100 per US rru~xce that is equivalent to $b',96(/-$12,800 per pouted. As mentioned beloK~ they are pcrre/Tasing at $3,000-$4,000 per pound w/zich realizes a profrt of $4,960 to $8,800 per pound.) Investigators contend that much of the marijuana sold by L.A. clinics comes from many of the same sources as what's available on the street. It's often imported from Canada and. lviexico, Pullen said, in violation of California Law that: reduires medical marijuana to be grown within the state. A dispensary might pay $3,000 to 54,000 wholesale for a pound of marijuana then mark that amount up by as much as 100 percent, according to the DEA. Sut efinic owners such as Ed consider the DEA's contentions ludicrous, at least for clinics that care about their clients....... Tcrkrng Precautir~ns• However, even. some patient advocates admit larger dispensaries often. tutor to underground. fnowers. '111e DEA also believes that clinic sales to people without scripts or under false pretenses are more widespread. than the clinic community acknowledges. Ed said he drills his staff on state ]aw and. recommended codes of conduct promoted by patient advocacy g~t•oup Americans for Safe Access. Still, many law enforcement officials and community critics paint a sordid picture of the clinics as crime magnets that are often located too close to schools and parks and are too lax in screening clients. They also are apt to become targets of robberies and other crimes themselves because of their large caches of drugs and cash.. Source: http://www marijuana cam/420/dry-war-headline-news/52099-ca-ridin~- hit~h.htrnl 2b 75A-121 License to Chili SURGEON GENERAL'S WARNING: SMOKING MARIJUANA CAN BE HAZARDOUS TO YOUR HEALTH, UNLESS YOU LIVE IN CALIFORNIA AND SUFFER FROM. ANOREXIA, ARTHRITIS, CANCER, CHRONIC PAlN OR ANY OTI-IER ILLNESSES I>y r~Liclui~l Croldsieir~ l~ebru.ary 1 k, 007 I'm not talking about Xanax or Prozac or Vicodin or their siblings. I have a "recommendation" (not a prescription, a recom.men.dation) for pot. This puts me in a legally and socially problematic condition. The state of California says I can ingest marijuana for medicinal purposes, but the U.S. Drug Enforcement Administration thinks I'm a criminal if I do......In Los Angeles County a recommendation can be filled at more than 100 dispensaries, many of which .have been raided by the DEA......I was aware of these laws long before last summer but hadn't felt the urge to take advantage of them until someone stuck a flier under my windshield. It was from California Natural Pain Relief on. Ventura Boulevard in Studio City, and it informed me, misspellings and all, that Medical cannabis can be recommended for the care and treatment of Cancer, Cronic pain,1arthritis, Migraines, Diabetes, Insomnia, Anxiety, Aids Nausea, Epilepsy, Lupus, Depression, Eating Disorders, Menopause, PIv1S, Asthma, etc." When I visited California Natural Pain Relief, the folks there directed me to a doctor at another office. Since I experience occasional but painfizl attacks of gout, a form of arthritis, as well as other foot and knee pain, I brought a load of medical records and a vial full of Vioxx that I had been too scared to take. The doctor gave me a brief physical. exam. and a blood pressure test, discussed how marijuana could alleviate the pain and inflammation and wrote and signed an official-looking, green-trimmed recommendation. This included the doctor's signature, a photocopy of my driver's license and a key phrase: "approve of the use of cannabis for my patient." I paid $150 cash. Armed with my license to chill, l drove back to Ventura Boulevard, smiled at the beefy bodyguard, strolled inside and handed the recommendation to the dispensary operator. There was a faintly agricultural scent in the air. Under a glass countertop were vials labeled Master Kush, Cotton Candy and OG Kush; also on display were variants of cannabis strains known as chronic and ganga. I forked. over $50 for an eighth of an ounce and received a small pipe as anew-patient gift..... ($SO.for 118`x' equals $6,400 per pound).......With edibles, I never knew how much THC I was actually putting into my system. One evening I ate half a brownie after dinner and couldn't get to sleep until 2 a.m. 1 felt anxious and dizzy. I got lost in the darkness, spinning in the corridor between the bedroom and the bathroom. At fhe movies I downed a My Kushbar (a concoction of dark. chocolate, blueberries and crisp rice), and my wife had to poke me as 1 sat catatonically watching "Dreamgirls." I shook my head and handed her the car keys......Marijuana did help calm my foot-pain problems. Also, my appreciation of everyday beauty was enhanced. At Balboa Park, the end-of-summer foliage and the grass, sky and late-afternoon. pollution around the sun appeared in Technicolor sharpness. At the swine time, I was anxious and confused. I hadn't taken so much poi in years. For six months (in the spirit of scientific inquiry) I consumed maybe one gram every two weeks; my previous marijuana purchases had been on the order of aquarter-ounce every two or three years through the usual. friend-of-a-friend channels. 27 75A-122 When I started smoking pot on the East Coast in the'70s,1 remerriber the choices being basically Jamaican, Colombian a.nd skunkweed. Today the strains are dizzying in variety and power, and all are available at the dispensaries. lt's a real business: The Los Angeles Journal for the Education of Medical Marijuana, a free monthly, lists doctors, collectives and lawyers and covers events such as the 2006 DOESHA Cup, a tasting event in which California marijuana growers compete. lt's all a bit overwhelming for a boomer.....Dispensaries are more like cash-and-carry package stores in states that control liquor sales. Another party stopper: Sharing or reselling a .patient's medical cannabis is illegal. Sotne dispensaries try to make it all seem. like a party, though. They advertise with slogans such as "KushMart: Where It's 4:20 Always (4:20 being shorthand for smoking pot or getting high-and, incidentally, the number of the 2003 state Senate bill). There's also a tnaybe- not-sa-clever propensity for employing words such as "therapeutic" and "herbal" and ~~ compassion -so that the initials of dispensaries, including Therapeutic Health. Care and Today's Holistic Caregivers, are TIIC. I found. one outfit that doesn't mess with any of that: The Natural Relief Center in Canoga Park, which doesn't advertise and shuns windshield fliers. Owner Michael Levitt got into the business one year ago. "I was comfortably retired," he told me, "but my wife didn't like me around the house so much." What motivated him were myriad health problems, including diabetes and high blood pressure. "At 51 years old, it doesn't wear well to deal with. street thugs to get medication. I thought I could help people and bring the game up as a businessman." He described his ,~ storefront as "a community spot. There s a hairdresser on one side and a newsstand on the other. In L.A., City Councilman Dennis Zine of the West Valley wants dispensaries to be located in industrial, commercial or business areas, where they re not going to have an impact on young people." I'm all for that. {By the way, the City Council's Planning and Land Use Management Committee voted in January in favor of enacting a moratorium on new dispensaries until the city devises rules governing them.} 1 learned a lot during my months as a medical marijuana user and came to three conclusions: My tolerance is low; pot should be legal as a pain reliever; the distribution system in place right now has room for improvement. But it's like Winston Churchill said about democracy-it's the worst form of government, except for al] the others. Source: http•//www latimes cam/features/nrin.ted.ition/mah~zine/la-tm- mari'uana06i'eb1.1.1.7379401.sto '?coil=la-headlines-m.a TaZIt1G:&ctraclc=l&cset=true 28 75A-123 1 2. 3 4' 5 6 7 8 9 10 ~ 11 oW ~~ 12 ~~ ~ ~~ 13 ~~~ ~~ 14 U ~ ~ 16 17 1$ 19 20 21 22 23 24 25 26 27 28 JACK L. WHITE, CITY ATTORNEY MOSES W. JOHNSON, IV, DEPUTY CITY ATTORNEY STATE BAR N0. 118769 200 South Anaheim Boulevard, Suite 356 Anaheim, California 92805 (714)765-5169 (714} 765-5123 FAX m jolulsonnanaheim.net Attorneys for Defendant CITY OF ANAHEIM SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER, UNLIMITED QUALIFIED PATIENTS ASSOCIATION an Unincorporated Association, LANCE MOWDY, an individual, Plaintiffs, vs. THE CITY OF ANAHEIM, et al. , ) Defendants. ) CASE NO. 070009524 JUDGE: DAVID A. THOMPSON DEPT: C28 DECLARATION OF CHIEF OF POLICE JOHN A. WELTER IN SUPPORT OF OPPOSITION TO ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION DATE: September 28, 2007 TIME: 9:30 a.m. DEPT: C28 Comp, filed: 9/4/07 TRIAL DATE: None Decl Opp to OSC Re Preliminary Injunction 1 of 36 75A-124 2 3 4 51 6~ 7 8 9 10 ~ 11 ~~ ~ 12 QW ~~g~~ 13 W~~* 14 o ~ ~~ 15 ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 I, JOHN A. WELTER, hereby declare and say: 1. I am the Chief of Police for the Anaheim Police Department. 2. I have personal knowledge of the facts attested to herein and, if called to testify concerning the same, I could and would do so competently. 3. As Chief of Police, I have personal knowledge of the policies, procedures, and practices of the Anaheim Police Department. 4. Proposition 215, the Compassionate Use Act of 1996, was approved by California voters and allows personal possession and cultivation of marijuana for medical purposes. The Act does not provide the patient with absolute immunity from arrest, but provides limited immunity allowing the patient to raise a medical use defense. 5. Senate Bi11420, the Medical Marijuana Program Act, took effect January 1, 2004 to clarify the scope of Proposition 215, and to allow cities and counties to adopt and enfaree rules and regulations regarding medical marijuana. It also established the amount of marijuana a qualified patient can possess. 6. One purpose of the Compassionate Use Act and the Medical Marijuana Program is to encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana. However, neither the federal nor state government has implemented a plan to provide medical marijuana under these guidelines. This leaves cities with a lack of direction about how the Act is intended to be implemented, particularly in regard to distribution of medical marijuana through dispensaries. The Medical Marijuana Program provides additional statutory guidance for medical marijuana use and cultivation, but does not explicitly address the role of dispensaries, nor does it require cities provide for or allow the establishment and/or operation of medical marijuana dispensaries. 7. The Federal Controlled Substances Act categorizes marijuana as a Schedule I drug. Under Federal Law it is illegal to manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense a controlled substance. There is no medical necessity exception for marijuana under federal law. However, there are currently eleven states, including 1' Decl Opp to OSC Re Preliminary Injunction 2 of 36 75A-125 aw~ ~~~s~~ W ~ ~~ ~o ,~~ ~' ~ ~ E~ ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '~ California, having laws that support or are sympathetic to the medicinal use of marijuana. 8. Medical marijuana dispensaries are retail businesses specializing in the sale of marijuana and marijuana products; such facilities are not licensed pharmacies and do not qualify as primary caregivers within the meaning of California Health and Safety Code § 11362.7. Primary caregivers are defined by the California Health and Safety Code as individuals who consistently assume responsibility for the housing, health or safety of a patient. Medical marijuana dispensazies simply sell marijuana to primary caregivers, qualified patients, and persons with a medical marijuana identification card. Presently, medical marijuana dispensaries are not defined under the Compassionate Use Act or the Medical Marijuana Program Act. Unlike licensed pharmacies that operate under stringent government controls regarding the medical products they possess and sell, medical marijuana dispensaries operate without any governmental control. 9. Medical marijuana dispensaries have been established in numerous locations in California, including Anaheim. As a consequence, local agencies have reported negative secondary effects on the community, which include, illegal drug activity and drug sales in the vicinity of dispensaries; robbery of persons leaving dispensazies; driving under the influence of a controlled substance by persons who have obtained marijuana from a dispensary; persons acquiring marijuana from a dispensary and then selling it to anon-qualified person; burglaries and robberies; and an increase in vacancies in the commercial areas in the vicinity of the dispensary. Many of these documented negative secondary effects and others have been experienced in Anaheim. 10. The California Police Chiefs Association has compiled an extensive report detailing negative secondary effects associated with medical marijuana dispensaries. A complete copy of this report is attached as Exhibit "C." The report contains persuasive anecdotal and documented evidence that medical marijuana dispensaries pose a threat to public health, safety, and welfare. 11. A prohibition ordinance on medical marijuana dispensaries does not conflict with any Federal or Califomia State legislation. According to the California League of Cities, more than 40 cities in California have successfully enacted bans on medical marijuana dispensaries '2' Decl Opp to OSC Re Preliminary Injunction 3of36 75A-126 aw ~~ ~ ~~ ~~ ~~ ~~ LL ~ ~ ~ 1 2 3 4 5 6~ 7~ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and none have been invalidated by court action. Anaheim ordinance no. 6067 does not prohibit i nor eliminate the availability and use of medical marijuana. Anaheim ordinance no. 6067 guards against abuses of the law and responsibly protects the health, safety, and welfare of Anaheim's citizens and businesses. 12. On July 31, 2007, I reported to the City Council that years of research had gone into issues related to medical marijuana dispensaries and the ordinance before the City Council for consideration would prohibit the establishment of such a facility in Anaheim. As of July 31, 2007, there is one medical marijuana dispensary operating in Anaheim to the Police Department's knowledge. 13. I informed the City Council that Proposition 215 was approved by voters in 1996 and allowed for limited possession, cultivation and use of medical marijuana for certain seriously ill patients, however, that legislation did not provide much detail or explanation as to how the public could obtain the substance or any guidance to government on how to deal with this issue in general. SB 420 was passed and took effect in 2004 and was expected to provide some clarification into the questions which arose from Prop 215. It establishes the amount of marijuana qualified persons can possess and allows cities to adopt and enforce regulations regarding medical marijuana. Attached as Exhibit "G" is a true and correct copy of my Power Point presentation to the City Council on July 31, 2007. 14. I emphasized to the City Council that marijuana use was a clear conflict between State and Federal law and police departments are caught in the middle. Experts in the field have looked at this issue and believe the vast majority of people using medical marijuana are not seriously ill and in fact are using these facilities to purchase marijuana and use it in illegal ways. Under the Act, I pointed out to the City Council that dispensaries are not defined, and cities are not required to allow them, and, in fact, the dispensaries are retail businesses, selling untested, unregulated products of unknown strength. 15. Additionally, I reported to the City Council that there were no safeguards in place to protect the buyer, and each one of these facilities could sell what they want to whomever they want with no age limits on who could purchase. Standard pharmacies, on the other hand, I 3 - Decl Opp to OSC Re Preliminary Injunction 4of36 75A-127 1 2 3 4 5 6~ 7 8 9 10 ~ 11 ~~~ 12 <w ~~~~ 13 ~~ ~~ ~o Yc 14 ~~ ~ 15 o ~ 16 17 18 19 20 21 22 23 '~ 24 25 26 27 28 pointed out to the City Council, were strictly controlled and regulated by the government. 16. I stated to the City Council that in California, serious problems have been documented in many communities which contain medical marijuana dispensaries and in Anaheim, when the first dispensary opened, there was a violent armed robbery, frequent illegal drug activity and a perceived decrease in public safety by a number of businesses surrounding the dispensary. I commented that businesses were closing and relocating because of these facilities in many communities, including Anaheim. 17. 1fie ordinance, I explained to the City Council, did not conflict with SB 420 or federal law. I remarked to the City Council that over 100 cities in California have temporarily suspended the opening up of medical marijuana dispensaries or permanently banned them in their communities due to the negative impacts. Six cities in Orange County have also done the 'same. 18. I informed the City Council that there were a compilation of research papers attached to my written report detailing the negative effects on jurisdictions and impacts resulting from these dispensaries and I recommended that the City Council adopt the attached ordinance as a crime prevention measure. 19. Attached are true and correct copies of the following documents that were presented to the Anaheim City Council on July 31, 2007: a) Staff report dated July 31, 2007. Exhibit "A." b) Anaheim Medical Marijuaiza Dispensary Ordinance. Exhibit "B." c) California Police Chiefs Association Compilation Report on Medical Marijuana Dispensaries Negative Secondary Effects. Exhibit "C." d) Riverside County District Attorney's Office White Paper on Medical Marijuana. Exhibit "D." e) EI Cerrito Police Department Memorandum dated April 18, 2007. Exhibit "E;" and f} El Cerrito Police Department Memorandum dated January 12, 2007. Exhibit "F." g) Medical Marijuana Dispensary Ordinance Ban-Power Point presentation. Exhibit ~ «G „ - 4 - Decl Opp to OSC Re Preliminary Injunction 5 of 36 75A-128 1 2 3 4 5 6 7 8 9 10 ~ 11 ~g~ 12 ~~ ~~~ 13 w~ ~~~ ~o ~+~ 14 ~~ c~ 15 LL N 16 o ~ 17' 18 19 20 21 22 2`3 24 25 26 27 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED this_~ th day of September, 2007 at naheim, California. ~~ _ A. WELTER - 5 - Decl Opp to OSC Re Preliminary Injunction 6of36 75A-129 PROOF OF SERVICE 1013A (3) CCF Revised 5/1/88 STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 200 S. Anaheim Boulevard, Suite 356, Anaheim, California 92805. On September ~ 2007 ,1 served the foregoing document described as: DECLARATION OF CHIEF OF POLICE JOHN A. WELTER IN SUPPORT OF OPPOSITION TO ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION on interested parties in this action by placing the true copies thereof enclosed in sealed envelopes addressed as follows: Anthony L. Curiale, Esq. ~ ~ r (.r~ ~Z 5 _ 7Z ~ y 418 S. Brea Boulevard Brea, CA 92821 (X) BY MAIL: As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Anaheim, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. ~BY FACSIMILE: I caused the contents of said envelope to be delivered by Facsimile machine to the number indicated after the address(es) noted. () BY PERSONAL SERVICE: I delivered a copy of the document by hand to the address(es) noted. {x) STATE: I declare under penalty of perjury under the laws of the State of California that the above is true and correct. () FEDERAL: I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Denise Silberman 7 of 36 75A-130 1 2 3 4 5 6 7 8 9 10 11 z ~ ~ ~ 12 ~~ ~ ~R 13 ~~ ~~ 14 0 ~c ~~~~ 15 ~ ~ 16 17 18 19 20 21 ~, 22 23 24 25 26 27 28 JACK L. WHITE, CITY ATTORNEY MOSES W. JOHNSON, IV, DEPUTY CITY ATTORNEY STATE BAR NO. 118769 200 South Anaheim Boulevard, Suite 356 Anaheim, California 92805 (714)765-5169 (714) 765-5123 FAX mjohnson cr,anaheim.net Attorneys for Defendant CITY OF ANAHEIM SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER, UNLIMITED QUALIFIED PATIENTS ASSOCIATION an Unincorporated Association, LANCE MOWDY, an individual, Plaintiffs, CASE NO. 070009524 JUDGE: DAVID A. THOMPSON DEPT: C28 vs. ~, THE CITY OF ANAHEIM, et ai. , Defendants. DECLARATION OF LT. TIM MILLER IN SUPPORT OF OPPOSITION TO ORDERTO SHOW CAUSE RE PRELIMINARY INJUNCTION DATE: September 28, 2007 TIME: 9:30 a.m. DEPT: C28 Comp. filed: 9/4107 TRIAL DATE: None Decl Opp to OSC Re Preliminary Injunction 8of36 75A-131 1 2 3 4 5 6 7 8 91 10 I ~ 11 ~~~ 12 a w ~~~ ~~ 13 ~o ~~ 14 ~~ ~~ 15 ~ ~ 16 17 18 19 20 21~ 22 23 24 25 26 27 28 I, TIM MILLER, hereby declare and say: 1. I am currently a Lieutenant for the Anaheim Police Department ("APD"). I was the Supervisor of the Anaheim Police Department's Street Narcotic Unit. I make this declaration in support of the City of Anaheim's Opposition to PIaintiffs' OSC Re Preliminary Injunction. 2. I have personal knowledge of the facts attested to herein and, if called to testify concerning the same, I could and would do so competently. 3. I received a Bachelor's of Business Administration with a Major in Marketing from the University of Texas in 1985. I have over 21 years of law enforcement experience at A.P.D. I am currently assigned as a Patrol Lieutenant and Watch Commander. I was most recently the supervisor of the Street Narcotic Unit in the Special Operations Division and a supervisor on the SWAT Team. I have supervised officers in Patrol, Field Training Officer Program, Bike Team, Community Policing, Safe Schools Program, and the Gang Enforcement Unit. 4. I was assigned as a Patrol Officer, Field Training Officer, Street Narcotic Unit Investigator and Crime Task Force Investigator prior to promotion to Sergeant. I am a Department certified Spanish translator. 5. I have arrested hundreds of subjects for being under the influence of alcohol and ~ various controlled substances such as cocaine, heroin, methamphetamine, phencyclidine, marijuana and lysergic acid diethyiamide. I have also assisted and supervised other officers with ~ their arrests of subjects under the influence of controlled substances on hundreds of occasions. 6. I have personally spoken with hundreds of persons, who are users of various controlled substances. I have observed subjects use controlled substances in my presence, while working as an undercover officer on numerous occasions. I have observed the onset of apparent symptomatology commonly associated with the particular types of controlled substances that were used (cocaine, cocaine base, heroin, marijuana and L.S.D.). 7. I have taught individual officers and law enforcement classes as well as given briefing training on a variety of narcotic related subjects, including identifying and investigating subjects under the influence of controlled substances. I am a certified Drug Recognition Expert ("DRE") Instructor and instruct and certify DRE students. -1- Decl Opp to OSC Re Preliminary Injunction 9of36 75A-132 1 2 3 4 5 6 7 8 9 10 ~ 11 ~~~ 12 < W ~ 13 ~~ ~~ ~~ ~~ 14 ~~ ~~ ~ 15 ~ ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 8. I have testified in Superior Courts in Orange and Los Angeles Counties on numerous occasions as an expert witness regarding narcotic investigations including use/influence, identification, usable quantity, possession for sales and sales of various controlled substances. 9. I maintain a current understanding of trends used by narcotic offenders, as well as investigation and enforcement of narcotic laws by reading books, manuals, articles, reports and training bulletins pertaining to these subjects. I am a Life Time Member of the California Narcotic Officers Association and a member since 1989. 10. As the Supervisor of the Anaheim Police Department's Street Narcotic Unit, I prepared reports in support of the City of Anaheim's Medical Marijuana Dispensary Ordinance. 11. The contents of my reports provide background information regarding Proposition 215, codified as Health and Safety Code § 11362.5 and Senate Bill 420, which clarified the scope of Proposition 215; the availability of marijuana; how other jurisdictions are dealing with the medical marijuana issues; and the impact that medical marijuana is having on the City of Anaheim. PROPOSITION 215 12. Proposition 215, the Compassionate Use Act of 1996 ("CUA"), was approved by California voters with the intent to "ensure seriously ill Californians the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of [specified illnesses]." This proposition is codified as Health and Safety Code § 11362.5, and allows personal possession and cultivation of marijuana for medical purposes. This section does not provide the patient with absolute immunity from arrest, but provides limited immunity allowing the patient to raise a medical use defense. Attached as Exhibit 1 is a true and correct copy of Proposition 215, Section 1. 13. Senate Bi11420 took effect on January 1, 2004 to clarify the scope of Proposition 215, and to allow cities and counties to adopt and enforce rules and regulations regarding the CUA. // - 2 - Decl Opp to OSC Re Preliminary Injunction 10 of 36 75A-133 1 2 3 4 5 6 7 8 9 10 ~ 11 ~~~~ 12 ~~~ ~~ 13 ~~ ~~ 14 ~ ~ c~ 15 ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 PROBLEMS WITH PROPOSITION 215 14. Marijuana is still classified federally as a Schedule I substance under the Controlled Substances Act. Schedule I drugs, which include heroin and LSD, have a high potential for abuse and serve no legitimate medical purpose in the United States. The California Health and Safety Code also classifies marijuana as a Schedule I drug. 15. As originally enacted, there is no specificity as to the strength, quality or quantity of marijuana to be used for medical purposes. Since its origin is also unregulated by the government, marijuana is obtained by patients through a variety of sources. It may be obtained through a health care provider, a cannabis club, cooperative, or illicitly on the black market. 16. Delta 9 Tetrahydrocannabinol, or THC, is the active ingredient in marijuana. Its concentration in marijuana varies greatly depending on a variety of factors such as geographic origin, plant lineage, and method of growth. The percentage of THC present in marijuana commonly available ranges from 3.5 % to almost 40 %. The effects marijuana has on a user vary greatly depending upon the strength of the marijuana (amongst other factors). 17. The California Medical Marijuana Information Report by the United States Department of Justice indicates large-scale drug traffickers have been posing as "care givers" to obtain and sell marijuana. The local news is frequented with reports of large-scale marijuana grows being discovered on public lands, such as the Cleveland National Forest in Orange County recently, and the Angeles and Los Padres National Forests, just to our north. These large cultivations on public lands are of minimal cost to the growers, yet cost the State tens of millions of dollars to locate and eradicate. Since there is no "govemment grown" marijuana for dispensaries, it is apparent the dispensaries obtain their marijuana from a variety of sources, including marijuana grown illegally on public land. 18. Marijuana is also obtained by the dispensaries through traditional illicit drug smuggling routes. Organized crime and other drug trafficking organizations are earning millions of dollars through the drug trade involving "medical marijuana." Some marijuana may arrive in California through interstate routes; however international corridors through Canada and Mexico are most common. Billions of dollars have been spent nationally attempting to eradicate these - 3 - Decl Opp to OSC Re Preliminary Injunction 11 of 36 75A-134 1 sources of illegal drugs, yet Proposition 215 encourages their continued use and actually makes 2 them even more profitable with less risk. Law Enforcement officials in Mexico are currently 3 being killed with greater frequency in part due to increased demand for marijuana in parts of the 4 United States. California is one of the nation's leading consumers of marijuana. Marijuana is 5 considered to be one of California's highest grossing crops, along with grapes. 6 19. There are no scientific studies demonstrating a medical benefit from "smoking" 7 marijuana. Marijuana is a "gateway drug" to other "harder" drug use and is dangerous, 8 psychologically addictive and has a high potential for abuse. The Office of National Drug 9 Control Policy has reported more persons are being admitted to treatment for marijuana use than 10 heroin addiction. 11 20. Marijuana could never pass the Food and Drug Administrations pure drug standards. z ~ 12 With hundreds of crude chemicals, including carcinogens stronger than those found in tobacco, a ~ ~ ~ 13 ~~ the California and American Medical Associations and every other credible medical group ~~ ~ ~~ 14 oppose the use of medical marijuana. Since marijuana is not approved by the FDA, and is still a o ~ ~ ~ 15 Schedule I drug, Proposition 215 encourages citizens to violate Federal Law. There are only a o ~ 16 few medical doctors who support marijuana's medical use and, will actually issue marijuana 17 recommendations. 18 21. Proposition 2 i 5 does not address the consumption of marijuana by minors. 19 Although the age limit for smoking tobacco is 18 and for the consumption of alcohol it is 21, 20 there is no age restriction for marijuana consumption under the provisions of Proposition 215. 21 22. Marijuana is the most widely available drug and most abused illegal drug in 22 California and the United States. Juvenile aged high school student's use of marijuana is a 23 significant and growing problem. Marijuana is responsible for behavioral, intellectual and 24 cognitive deficits. Marijuana use been linked to a higher incidence of throat cancer, and has 25 severe pulmonary, reproductive and immune system side effects. Marijuana use is also known 26 to trigger attacks of manic depression, schizophrenia and memory loss and an increase in teen 27 suicides has reportedly been linked to marijuana use. Marijuana is a predominant component of 28 "polydrug" use, which is more frequently encountered today by law enforcement. -4 - Decl Opp to OSC Re Preliminary Injunction 12 of 36 75A-135 2 23. While marijuana dispensaries have attempted to "demonstrate their responsibility" 2 by providing documentation to their customers indicating marijuana causes, "intoxication and 3 effects on the nervous system which lead to slowed reaction time and loss of coordination which 4 lasts for hours after ingestion and these affects make driving a car or operating machinery 5 hazardous and therefore should be avoided while under the influence of marijuana." However, 6 the dispensaries fail to clarify the real picture. 7 24. Studies have been conducted where licensed aircraft pilots were given a small dose 8 of THC. Twenty-four hours later the pilots were placed in a flight simulator and all ten of the 9 test subjects experienced errors in landing. A second similar study supported the first. Roughly 10 80% of the test subjects displayed signs of impairment 24 hours after the drug was consumed. 11 Only one of the test subjects was aware of the fact his performance was being affected 24 hours a~ ~ 12 after marijuana use. These and other similar tests indicate marijuana impair one's ability to ~ 13 ~~ operate a motor vehicle long after the noticeable effects have worn off. ~ ~ ~~ 14 25. In the past few years Anaheim has become aware of this phenomenon and has o ~ ~~ 15 experienced a number of fatal traffic collisions involving subjects under the influence of ~ ~ .. 16 marijuana. Non-fatal traffic collisions involving man~uana-impaired dnvers occur regularly. 17 AVAILABILITY 18 26. In 1985 the Food and Drug Administration ("FDA") approved a THC medication 19 known as Dronabinol, which is marketed under the name Marinol in a capsule form. 20 Dronabinol is a synthetic THC, laboratory produced and available through traditional Physician 21 prescriptions and obtained at Pharmacies. The drug is used for the treatment of nausea and 22 vomiting in cancer patients undergoing chemotherapy and treating AIDS related anorexia by 23 stimulating the appetite. Dosages are regulated at 2.5, 5 and 10 milligrams. Since Marinol has 24 been tested and regulated by the FDA, its strength and quality remain constant. 25 27. Proposition 215 and SB 420 do not specifically deal with the issue of "where" 26 patients obtain marijuana for medical purposes. Simply put, there are no government owned or 27 operated marijuana cultivations, warehouses or retail outlets for medical marijuana. The law 28 only designates a "qualified patient" or "primary caregiver" to grow, obtain or possess medical - S - Decl Opp to OSC Re Preliminary Injunction 13 of 36 75A-136 1 2 3 4 5 6 7 8 9 10 ~ 11 ~W ~ 12 ~~~s~~ 13 Wo~~ 14 ~~ ~ 15 ~ ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 marijuana. If a "qualified patient" or "primary caregiver" does not cultivate marijuana, it is obtained illicitly either by the patient or caregiver or someone else who supplies it to them. Patients may also purchase marijuana through mail order or Internet services throughout the state. 28. Patients attempting to obtain marijuana legally may do so through dozens of medical marijuana dispensaries, cannabis clubs, collectives and cooperatives in Southern California. ~ Numerous dispensaries exist in Los Angeles County along with at least two in Orange County, including one currently operating in Anaheim known to the Anaheim Police Department. The number of businesses appears to be expanding rapidly in Southern California. Many of the dispensaries and primary caregivers will deliver the marijuana to the patient at home. OTHER JURISDICTIONS 29. Different jurisdictions have dealt with the medical marijuana issues in a variety of ways throughout the state. One jurisdiction in Los Angeles County researched the concept of having a "City operated" and regulated dispensary; however the project was discontinued prior to implementation. 30. The Northern California City of Hayward adopted ordinances to regulate the establishment and operation of medical marijuana facilities. However, after experiencing many problems at and around their dispensary, Hayward passed an ordinance to ban dispensaries in 12006. 31. In July 2004, the Northern California City of Rocklin became the first city in the state to approve and adopt a zoning ordinance effectively prohibiting medical marijuana dispensaries ("MMD") in their jurisdiction. This ordinance has not been overturned. Numerous other cities in the state have followed Rocklin's suit, banning MMD's, including Costa Mesa and Cypress. Fullerton is also looking at modifying their zoning ordinance to prohibit MMD's. 32. According to the California League of Cities as of September 2006, 141 cities surveyed have taken some action regarding MMD's. Seventy three cities have enacted moratoriums on these businesses allowing the city more time to study the issue. Twenty eight cities have chosen to allow MMD's and forty cities are prohibiting MMD's in their community. - 6 - Decl Opp to OSC Re Preliminary Injunction 14 of 36 75A-137 1'~ 2, 3 4 5 6 7 8 9 10 ~ 11 z ~~ ~ 12 ~~ ~ ~~ 13 ~o ~~ 14 ~~ ~ 15 ~ ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 Attached as Exhibit 2 is a true and correct copy of the survey results of Medical Marijuana Dispensaries in California Cities as of September 2006. 33. San Diego and San Bernardino Counties have joined in a lawsuit against the State of California seeking to overturn the Compassionate Use Act. These counties have argued that the state law conflicts with federal law and an international narcotics treaty signed by the United States in 1961. The case is currently on appeal. 4th Dist., Div. 1, Case No. D050333. 34. Kurt Smith, the Director of Community Analysis and Technology for the City of ~ Redlands summed up that community's response to medical marijuana. "Prevalence should not equal acceptance. Furthering the distribution and availability of marijuana increases the opportunity for crime and may further destabilize neighborhoods and endanger those at highest risk for its use- children in our community." 35. The City's Planning Department and Police Department have worked to be leaders in researching the topic of medical marijuana and dispensaries. The City has shared its experience with an MMD, documentation and research with numerous other jurisdictions in California. Two of those cities in this county and at least one outside the county have also adopted ordinances prohibiting marijuana dispensaries. 36. In October 2006, the City of Los Angeles announced, while they had previously regulated MMD's, they have initiated a lengthy moratorium on the establishment of any new dispensaries. They have discovered the open dispensaries are not complying with regulations and appear to be in violation of criminal statutes. IMPACT ON ANAHEIM 37. "420 Primary Caregivers" at 421 N. Brookhurst Street, Suite #130 obtained a '~ business license from the City of Anaheim on May 19, 2004. The type of business was listed as a primary caregiver. By the fall of 2004 the Police Department began to receive complaints from neighboring businesses in the multi-unit complex regarding "420 Primary Caregivers." In January 2005, "420 Primary Caregivers" and its employees were robbed at gunpoint and physically beaten by three masked suspects who took both money and marijuana from the location. - ~ - Decl Opp to OSC Re Preliminary Injunction 15 of 36 75A-138 1 2 3 4 5 6 7 8 9 10 ~ 11 ~~~~ 12 aw ~~ ~5~~ 13 w ~ '~~ 14 ~ ~c ~~ c~ 15 ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 38. On April S, 2005 members of the Anaheim Police Department met with the Property '~ Management Company, owners and representatives from the businesses at 421 N. Brookhurst Street to discuss their concerns. The main issue was the safety for employees of businesses near "420 Primary Caregivers." Many businesses believed they too will become victims of a robbery or shooting, based on the previous robbery. Patrons were also scared to use the public restrooms in the complex because of the perception that many customers at "420 Primary Caregivers" are criminals not patients. Other issues concerning the patrons include use of marijuana in the parking lot surrounding the complex, the strong marijuana odor in the ventilation system, and continued interruption of neighboring businesses by "420 Primary Caregivers" customers. Many businesses believed they were losing their own clients based on the clientele of "420 Primary Caregivers" loitering in the courtyard and parking area at the complex. 39. Two businesses terminated their lease at the property and moved. A law office, specializing in criminal defense, and a ten year occupant at the property, moved out of Anaheim to another city citing, "marijuana smoke has inundated [their office] ... and they can no longer continue to provide a safe, professional location for ... clients and employees." A healthcare business moved after six years, citing their business is repeatedly interrupted and mistaken multiple times each day for "the store that has the marijuana." The owner "fears he or his employee may be shot if they are robbed by mistake and the suspects do not believe they do not have marijuana." The property manager indicated at least five other businesses have inquired about terminating their leases for reasons related to "420 Primary Caregivers." Both businesses that left the development indicated their moving expenses were costly, but felt it was the only acceptable alternative. 40. "420 Primary Caregivers" is operating in close proximity to Brookhurst Junior High School, Juliette Low Elementary School, the Brookhurst Community Center, Brookhurst Park, Tiger Woods Learning Center, Dad Miller Golf Course and a day care center. Also nearby are Savanna, Gilbert-East, Fairmont and Servite High Schools and Melbourne Gauer Elementary School. 41. Arrests have been made of "qualified patients" purchasing marijuana with a 8 - Decl Opp to OSC Re Preliminary Injunction 16 of 36 75A-139 I 2 3'' 4 5 b 7 8 9 10 ~ 11 ~ ~ W ~ R 12 ~~ ~~ 13 ~o ~~ 14 c ~~ ~ 15 ~ ~ 16 17~ 18J 19 20 21 22 23 24 25 26 27 28 Doctor's recommendation, and then supply it to their friends for illicit use. Criminal investigation has also revealed "420 Primary Caregivers" is obtaining its marijuana from a variety of sources including marijuana smuggled into the United States from South or Central America. Besides selling a variety of qualities of dried marijuana, "420 Primary Caregivers" also sells marijuana plants and food products made with concentrated cannabis, heavily laden with THC. Three subjects related to "420 Primary Caregivers," including the owner, have been arrested and charged by the Orange County District Attorney's Office with multiple felony counts including possessing marijuana for sale and child endangerment. People v. Stephen Glenn Lawrence, Orange County Superior Court Case No. OSNF1146. The felony counts include: H&S § 11360(a) [Sale or transport of marijuana]; H&S § 11359 [Possession for sale of marijuana]; PC §273a(a} [Child abuse and endangerment]; and PC §182(a)(1) [Conspire to commit a crime]. A substantial sum of cash has also been seized from the defendants pursuant to asset forfeiture laws. The Police Department conservatively estimated that "420 Primary Caregivers" to be generating approximately $50,000.00 a week income. Attached as Exhibit C are true and correct copies of the crime reports, DR OS-14298, regarding this criminal investigation that I reviewed, approved and signed as the supervisor. RECENT DEVELOPMENTS 42. Under the Federal Controlled Substances Act there is no compassionate use exception. However, eleven states including California have laws allowing medical marijuana or are sympathetic to the issue. The United States Supreme Court addressed the issue of medical marijuana distribution by dispensaries in United Stated v. Oakland Cannabis Buyers' Cooperative and Jeffrey Jones, 532 U.S. 483, on May 14, 2001, ruling there is no medical necessity defense under federal law. This makes the distribution of marijuana through a medical marijuana dispensary illegal under federal law. 43. On June 6, 2005, the United States Supreme Court overruled Raich v. Ashcroft, (9"' Cir. 2003) 352 F.3d. 1222. The US Supreme Court decision on this medical marijuana case from Northern California allows Federal Agencies to continue to enforce Federal Law in states with Compassionate Use/ Medical Marijuana laws. Gonzales v. Raich (2005) 545 U.S. 1. - 9 - Decl Opp to OSC Re Preliminary Injunction 17 of 36 75A-140 1 2 3 4 5 6 7 8 9 10 ~ I1 ~~~ 12 W . ~~ s~~ 13 o ~--~, 14 ~~~~ 15 '~ 16 o ~ 17 18 19 20 21 22 23 24 25 26 27 28 44. Numerous investigations into California medical marijuana dispensaries and providers have resulted in seizures of marijuana and assets valued in the hundreds of millions of dollars. The United States Attorney has indicated the marijuana dispensaries are illegally cultivating marijuana, laundering money and distributing other illegal drugs. 45. Due to the extensive financial success of "420 Primary Caregivers" in Anaheim, numerous individuals and groups have inquired about obtaining business licenses to open and operate marijuana dispensaries in Anaheim. The Planning Department has referred these applicants to the Police Department and most have been successfully discouraged from pursuing their interest here. One individual was not dissuaded and signed a commercial lease for f ve years on North Harbor Boulevard to open a marijuana dispensary. The Police Department contacted the property owner prior to the dispensary opening to inquire about the owner's knowledge of the type of business. The owner was unaware of the individual's intent and the owner terminated the lease agreement. 46. The June 6, 2005 Raich decision caused "420 Primary Caregivers" to cease selling marijuana temporarily. "420 Primary Caregivers" was still operating at the location to register new "patients," take orders for delivery and to supply customers with a secret "access code" to order marijuana from "420 Primary Caregivers" via the Internet. Attached hereto as Exhibit D is a true and correct copy of a printout from "420 Primary Caregivers" website printed 6/9/05. 47. After a few months "420 Primary Caregivers" reopened its doors for retail sales of marijuana. Since reopening, the Police Department has received complaints from two businesses regarding the marijuana dispensary. One business is in the complex at 42l N Brookhurst and cites concerns regarding marijuana smoking on the property, the proximity to local schools and the children who pass directly by "420 Primary Caregivers" on their way to and from school. Another business, not in the complex but neazby, has been mistaken for being a marijuana dispensary and has expressed concern for its employees due to the aggressive nature of the subjects demanding marijuana. 48. "420 Primary Caregivers" moved and is now located at 231 N Brookhurst St. Anaheim. - l 0 - Decl Opp to OSC Re Preliminary Injunction 18 of 36 75A-141 1 2 3 4 5 6 7 8 9 to ~ 11 ~~~ 12 ~`~~~~ 13 ~~ ~~ 14 o ~~ o ~ ~~ 15 ~' 16 o ~ 17i 18 19 20 21 22 23 24 25 26 27 28 CONCLUSION 49. Jurisdictions that have medical marijuana dispensaries report experiencing numerous negative impacts or secondary effects on their communities. The information provided comes from the following jurisdictions: Roseville, Oakland, Hayward, Lake County and Fairfax, but many of the same effects have already been felt in the City of Anaheim. 50. These negative secondary effects include: 1) Street level dealers selling to those going to the dispensary at a lower price. 2) Public marijuana smoking around the dispensary and at nearby parks. 3) Increased marijuana DUI accidents/ arrests. 4) Increased burglaries and robberies at/near the dispensaries. 5) Marijuana dealers obtain a doctor's recommendation to obtain marijuana from the dispensary, and then conduct illega! street sales to those who do not have a recommendation 6) Criminals are robbing medical use patients of their cash and/or marijuana. 7) Other illegal drugs are sold at the dispensaries. 8) Dispensaries are obtaining marijuana from illicit dealers. 9) Dispensaries attract criminals from outside the immediate area. 10) Minors become involved illegally in marijuana use; and 11}Legitimate businesses near dispensaries experience problems with perceptions of lack of safety for clients and employees and suffer actual financial loss due to increased criminal activity decreasing clients desire to frequent the legitimate business. 51. All of these negative secondary effects on the community can be avoided if marijuana dispensaries are not allowed to open or operate in the City of Anaheim and other communities. I declare under penalty of perjury under the laws of the State of California that the ~ foregoing is true and correct. DATED this /~ th day of September, 2007 at Anaheim, California. TIM ~LL~ -11- Decl Opp to OSC Re Preliminary Injunction 19 of 36 75A-142 PROOF OF SERVICE 1013A (3} CCP Revised 5/1/88 STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 200 S. Anaheim Boulevard, Suite 356, Anaheim, California 92805. On September ~ 2007 , I served the foregoing document described as: DECLARATION OF LT. TIM MILLER IN SUPPORT OF OPPOSITION TO ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION on interested parties in this action by placing the true copies thereof enclosed in sealed envelopes addressed as follows: Anthony L. Curiale, Esq. ~ ~/~~ rj"Z ~ _ ~ ~ to y' 418 S. Brea Boulevard Brea, CA 92821 (X) BY MAIL: As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Anaheim, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. ~BY FACSIMILE: I caused the contents of said envelope to be delivered by Facsimile machine to the number indicated after the addresses} noted. (} BY PERSONAL SERVICE: I delivered a copy of the document by hand to the address(es) noted. (x) STATE: I declare under penalty of perjury under the laws of the State of California that the above is true and correct. () FEDERAL: I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. ~~ Denise Silberman 20 of 36 75A-143 1 2 3 4 5 6 7 8 9 10 ~ 11 z ~ o ~~ 12 <~ . ~~~ ~~ 13 ~o ~~ 14 ~~~~~ 15 Yi ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 JACK L. WHITE, CITY ATTORNEY MOSES W. JOHNSON, IV, DEPUTY CITY ATTORNEY STATE BAR NO. 118769 200 South Anaheim Boulevard, Suite 356 Anaheim, California 92805 (714)765-5169 (714) 765-5123 FAX mj ohnsonnanaheim .net Attorneys for Defendant CITY OF ANAHEIM SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER, UNLIMITED QUALIFIED PATIENTS ASSOCIATION an Unincorporated Association, LANCE MOWDY, an individual, Plaintiffs, vs. THE CITY OF ANAHEIM, et al. , Defendants. CASE NO. 070009524 JUDGE: DAVID A. THOMPSON DEPT: C28 DECLARATION OF INVESTIGATOR RICHARD LAROCHELLE JR 1N SUPPORT OF OPPOSITION TO ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION DATE: September 28, 2007 TIME: 9:30 a.m. DEPT: C28 Comp. filed: 9/4/07 TRIAL DATE: None Decl Opp to OSC Re Preliminary Injunction 21 of 36 75A-144 K~ ~ ~ ~ lg8 4 eu ~~~~~ ~~ ~~sc ~ ~ ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 i 2~5 _6 27 28 I, RICHARD LAROCHELLE JR., declare: l . I have personal knowledge of the facts attested to herein and, if called to testify ' concerning the same, I could and would do so competently. 2. I am a Police Officer with the City of Anaheim and have been so employed since December of 1994. As a police officer, I have been assigned to various duties including: Patrol, ~ Field Training Officer, Primary Response Officer, Community Policing- South District, Detective in the Tourist Oriented Policing Detail, Vice and now Criminal Intelligence. 3. I have been assigned as an Investigator with the Anaheim Police Department Criminal Intelligence Detail since Apri12005. I have received 40 hours of specialized training in criminal investigations from the San Diego County Sheriffs Department and 40 hours of specialized training in Criminal Intelligence, information resources and rules related to 28 CFR (Code of Federal Regulations) from the California Department of Justice. 4. I have developed through "on the job'' training, experience, and contacts in the field regarding public corruption, terrorism/terrorist and anti-government individuals/organizations, outlaw motorcycle gangs, Internet crimes, organized crime, and nazcotics. l have conducted interviews and had conversations with these contacts in order to increase my knowledge of these activities. In many instances these contacts include, but are not limited to, subjects arrested for conducting various forms of the above-mentioned illegal activities. I have also conducted hundreds of criminal investigations involving the above mentioned illegal activities. 5. During my time as an Investigator within the Criminal Intelligence Detail 1 have been a member of an ATF {Department of Alcohol, Tobacco, Firearms) task force formed to investigate and dismantle a portion of the outlaw motorcycle gang. I have testified as a Motorcycle Club expert in Orange County Superior Court Central Justice Center.. 6. On March 28, 2005, I was contacted by Investigator T. Hoang reference an on-going narcotic investigation involving a doctor writing recommendations for subjects to purchase clinical marijuana. Investigator Hoang directed me to call the doctor's office located in Lake Forest to make an appointment to see the doctor for a marijuana prescription. Attached hereto as Exhibit "A" is a true and correct copy of Crime Report DR OS-15112 on this investigation. -1- Decl Opp to OSC Re Preliminary Injunction 22 of 36 75A-145 1 2 3 4 5 6 7 8 9 10 ~ 11 ~~ ~ 12 aw~~~ 13 ~~~ -~ ~~~ ~~ 14 ~ ~ c~ 15 ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 7. I called the supplied phone number of (949) 855-8845 and asked for "Candice" as directed. A female answered the phone, stating "Good afternoon Doctor's Denney and Sullivan's office". I asked the female if she was "Candice" and she confirmed that she was. I then told her that a friend had referred me to her for a doctor's note to purchase marijuana. "Candice" immediately began to tell me that she could set an appointment for me; however, there were no openings until April 18`x. I then told her that I would be taking the appointment time of my friend, which was on Tuesday at Noon. "Candice" asked me for the name of my friend and I gave her Investigator K. Schlueter's fictitious name, which the original appointment was under. "Candice" placed my fictitious name on the schedule and then explained to me that I would have to bring three items with me at the time of the appointment. 8. These items included two hundred dollars (cash only per Candice}, a valid California Driver's License or ID, and medical records. "Candice" explained that the first recommendation would cost two hundred dollars and then every year after that I would just have to pay a renewal fee of one hundred dollars. At this point I told "Candice" that I did not have any medical records. "Candice" then stated that I could bring in my doctor's name and phone number so tha# she could call for my records at a later time. I then told her 1 did not have a regular doctor and "Candice" told me that I could just write my own medical history and bring that in. I asked her what she meant by this and she then asked me what my medical problem was that I needed the marijuana for. I told "Candice" that I did not have any medical problems and that I just wanted to smoke "pot" (Slang for marijuana). "Candice" explained that I would have to write some type of medical problem or symptoms into my medical history that could be eased by the smoking of medical marijuana. 9. "Candice" then gave several examples of medical problems that could be alleviated by smoking marijuana. These included back pain, sore joints, arthritis, glaucoma, or cancer. ``Candice" then asked me how old I was and I told her I was thirty-two. "Candice" told me that was good because if I were younger, for example, eighteen I would have a hard time writing a medical history for myself, but since I was older I could get away with writing my own history. I then confirmed with "Candice" that a handwritten medical history signed by me would be - 2 - Decl Opp to OSC Re Preliminary Injunction 23 of 36 75A-146 I 1 2 3 4 5 6 7 8 9 10 ~ 11 ~~~ 12 ~~ ~ ~~ 13 ~~ ~~ 14 $~ ~~~ 15 Yj LL ~ 16 O 17~ 18 I 19 20 21 22 23 24 25 26 27 28 sufficient to receive a recommendation for medical marijuana. "Candice" said, "Yup, that's it." I then ended my conversation with her at that point. 10. Un March 29, 2005, I responded to 22691 Lambert St, in the City of Lake Forest for my appointment at the Medical Cannabis Evaluations Center. Assisting me were Sergeant T. Miller #S91 and Investigators T. Hoang #490, K. Weber #489, and G. Bonham #193. For evidentiary and officer safety purposes I wore a concealed audio transmitting device on my person when I entered the above listed location. Investigator G. Bonham monitored and recorded the incident for evidence. 11. The listed location is located on the north side of a multiple unit business complex. The location has a glass front entrance and door leading into a lobby area with approximately 9 chairs and two small tables. Within this lobby area there is a reception desk with a phone, desk calendar, and other desk supplies; however, there was no computer on the desk. I also noticed that there were at least two rooms on the west side of the interior of the business with a double door closet between the two rooms. There was a small office at the south side of the interior of the location, which appeared to be an office for both doctors working out of this location (Dr. Denney and Dr. Sullivan). There was also a small restroom along the east wall directly behind the reception desk. 12. When I first entered the location I was the only person in the lobby area, but I could hear a male and female conversing with one another inside the first room south of the main entrance. Within a few seconds the female inside the room exited and greeted me. The female was wearing a white lab coat over her clothes and she appeared to be the receptionist. The female was later identified as being "Candice" when she answered the phone and identified herself as such. "Candice" had me fill out a form that requested my name, address, and phone number. I filled out the form with my fictitious information and then "Candice" took the form and my fictitious CDL and filled out another form used to create a file on me. "Candice" then asked me for my medical records and I showed her my typed medical history that consisted of a paragraph stating that I suffer from back pain and soreness in my knees. My medical history also stated that I use a "Teener' (slang for 1/16th of an ounce of marijuana) a day because it -3' Decl Opp to OSC Re Preliminary Injunction 24 of 36 75A-147 1 2 3 4 5 b~~ 7. 8'' 9 10' ~ 11 z i~ Qw ~ 12 ~ ~ ~~ 13 ~~ ~c 14 ~!~ ~~ 15 o ~ 1bl 17 18 19 20 21 22 23 24 25 2b 27 28 i helps with the pain that Tylenol or Motrin do not. This medical history was made up by Investigator Hoang and signed by me. "Candice" directed me to hold on to my medical history ~ and show it to the doctor when he calls me in. 13. I then took a seat in the lobby and within a few minutes another male subject entered the location. This subject also filled out what appeared to be the same paperwork I did and then another subject entered and did the same. After approximately ten minutes "Candice" had me stand up and do an eye test by standing near the front door and read an eye chart that was attached to the door of the south office. "Candice" then directed me to stand on a scale so she could document my weight and height. "Candice" then had me take a seat back in the lobby area and told me to wait for the doctor. While seated in the lobby area waiting, the location received several phone calls where "Candice" explained to the person calling the items needed for the appointment, which were identical to the items she had told me to bring. While seated in the lobby I noticed that there was a Diploma from Southern California University awarded to Robert Sullivan, certifying him as a doctor. 14. After approximately thirty minutes "Candice" directed me to the southwest room and had me take a seat next to a small desk located along the west wall of the room. There were four chairs along the wall and an examination table on the east wall. Once I was seated next to the desk "Candice" took my blood pressure and temperature. "Candice" then asked me for my payment of two hundred dollars. I gave her two hundred dollars of city of Anaheim funds and "Candice" gave me a receipt showing that I had paid. This receipt was later booked as evidence by Investigator Weber. Attached hereto as Exhibit "B" is a true and correct copy of the $200 Receipt. Approximately thirty minutes later a male subject, later identified as Dr. Sullivan entered the room. 15. Sullivan began to ask me several questions about what I did for a living and he read my typed medical history. While reading my medical history he saw that I was complaining of back pain and soreness in my knees; therefore, he began to ask me questions regarding my stated medical problems. Sullivan then started asking me about my marijuana usage. Sullivan told me ~ he was not aware of the terminology Iused - "Teener," I explained that it was a sixteenth of an 4 - Decl Opp to OSC Re Preliminary Injunction 25 of 36 75A-148 1 2 3 41 5 6 7 8 9 10 ~ ~ 11 a~ 12 aw ~~ ~ ~~ 13 ~~ ~~ 14 o ~ ~~ 15 LL ~ 16 0 17 18 19 20 21 22 23 24 25 26 27 28 ounce. Sullivan then concluded that I was probably using ahalf--ounce of marijuana per week. Sullivan then recommended that I receive three-quarters of an ounce per week and he signed the ~ medical marijuana recommendation. I6. Once Sullivan finished signing the recommendation he directed me to take a seat on the exam table at which time he began to listen to my lungs and heartbeat and ask me where I was feeling the pain. At this point I pointed to my back and Sullivan stated that the spot I was pointing to was actually my middle back and not my lower back. Sullivan then asked about my knees, but he never looked at my knees or conducted an examination of my knees. Sullivan merely grabbed my ankles briefly and then checked my shins. Sullivan then concluded my examination and we began to discuss where I could obtain the marijuana/cannabis. Sullivan told me I could grow it, buy it or use the black market. Sullivan then also stated that if I was comfortable using my regular "Connect" (Slang for drug dealer) then continue to use him. Sullivan also stated that I could also go to the different cannabis clubs and that he would supply me with a list of those locations. 17. I then asked Sullivan if I would ever have to supply real medical records because I told Sullivan that I really did not have any medical problems. Sullivan immediately said, "1`Io, no, no this is all you need" pointing to the recommendation. Sullivan then explained what a caregiver was and how to find them. Sullivan told me that I could nominate anyone I wanted to grow marijuana for me. Sullivan told me he was not sure if an organization such as "420 Primary Caregivers" could be my primary caregiver because it is real "fuzzy" in the law right now. I then concluded my consultation with Sullivan, who went to his office, made a copy of my recommendation and returned with a green folder containing a stamped original of the recommendation and the copy. The green folder also contained a sheet explaining responsible use, how to use, sources and how to review the law. There was also a list of cannabis clubs in Southern California, which included the location in Anaheim called "420 Primary Caregivers." Once I was given the green folder I exited the location. It should be noted that when I concluded my consultation with Sullivan and re-entered the lobby area to wait for the green folder I observed approximately six people wanting to see the doctor, which included one woman with a - 5' Decl Opp to OSC Re Preliminary Injunction 26 of 36 75A-149 1 2 3 4 5 b 7 8 9 10 ~ 11 z ~ aw~ 12 ~~ ~ ~~ 13 ~~ ~~ 14 ~~ c~ 15 ~ ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 small male child who appeared to be approximately 4 years old. All of the forms in the green folder were later booked as evidence by Investigator Weber. Attached hereto as Exhibit "C" is a ~ true and correct copy of all the forms in the green folder. 18. On March 29, 2005, I assisted Investigator T. Hoang with a narcotic investigation at 421 N. Brookhurst St., Anaheim, which is doing business as a medical marijuana supplier. Assisting me were Sergeant T. Miller #S91 and Investigators T. Hoang #490, K. Weber #489, and G. Bonham #193. After receiving a medical marijuana recommendation from the Medical Cannabis Evaluations Clinic in Lake Forest, Dr. Sullivan, I responded to the 421 N. Brookhurst location to purchase marijuana. For evidentiary and officer safety purposes I wore a concealed audio transmitting device on my person when I entered the listed location, which was monitored and recorded by Investigator G. Bonham # 193. Attached hereto as Exhibit "D" is a true and correct copy of Crime Report DR 05-15113 on this investigation. 19. Upon entering the listed location I was under directions from Investigator T. Hoang to purchase at least ahalf--ounce of marijuana. I entered the location and was greeted by an unidentified female standing behind the reception counter, which over looks a small waiting room. The unidentified female asked me if it was my first time to the location and I told her it was. The female then handed me a clipboard and asked me to fill out and sign the two forms ~ attached to the clipboard. 20. As directed I filled out the forms, which consisted of basic name and address information and a waiver nominating a "Steve Lawrence" as my primary caregiver. Upon completing the forms I handed the paperwork back to the female and she asked me for a valid CDL and my recommendation to purchase medical marijuana. I handed these items to the female and upon making a photocopy of my CDL she handed it back to me, in addition to a packeC explaining about the company. The female then escorted me to the backroom area, which was through a door adjacent to the reception area. Once in the back room area the female showed me two rooms that were filled with mazijuana and marijuana paraphernalia. 21. The first room had at least three large glass refrigerator coolers against the north wall and at least two steel shelf units along the west and south walls. Contained within the - 6 - Decl Opp to OSC Re Preliminary Injunction 27 of 36 75A-150 1 2 3 4 5 6. 7' 8 9 10 ~ ~ 11 12 d W ~~ ~~ 13 ~o ~~- 14 ~ ~c ~~~~ 15 16 17 I 18~ 19 20 21 22 23 24 25 26 27 28 coolers were novelty items containing marijuana, such as candy bars called "Baby Jane"-designed like the popular candy bar-"Baby Ruth." There were also suckers made of marijuana and small plants of marijuana growing within these coolers and shelves. I estimated that there were approximately fifty small plants inside this room. The female told me that all the items within this room were for sale and that it was called the edibles room because of all the novelty candy items. The female then directed me to another room that was northeast from the first room. Inside this room was a cash register and at least three glass display cases containing several plastic containers of marijuana. 22. All of the containers had names printed on them such as, "Sweet Tooth" and were packaged in one-eighth of an ounce amounts. The prices also ranged from twenty dollars per eighth of an ounce to seventy-five dollars per eighth. I selected a half-ounce of the "Sweet Tooth" marijuana, which sold for seventy-five dollars each and the female packaged up four of the containers in a brown paper bag. Assisting the female was an unidentified male going by the nickname of "Scandalous." "Scandalous" showed me several different types of marijuana from the display cases and showed the female how to ring up the transaction. Once the marijuana was placed in the bag I told the female and male that I wanted a candy bar also, therefore, I selected a "Baby Jane." I then gave the female three hundred and twenty three dollars of Anaheim city funds for the marijuana. I then left the location. 23. The marijuana was given to Investigator T. Hoang and later booked by Investigators in the Street Narcotic Unit. The infonnation on the listed location that was supplied by the unidentified female white was given to Investigator Weber and later booked as evidence. Attached hereto as Exhibit "E" is a true and correct copy of the infonnation supplied to me by the female at 420 Primary Caregivers. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED this ~th day of September, 2007 at Anaheim, California. A A HE L -~' Decl Opp to OSC Re Preliminary Injunction 28 of 36 75A-151 PROOF OF SERVICE 10I3A (3) CCP Revised 5/1/88 STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 200 S. Anaheim Boulevard, Suite 356, Anaheim, California 92805. On September r? 2007 , I served the foregoing document described as: DECLARATION OF INVESTIGATOR RICHARD LAROCHELLE JR. IN SUPPORT OF OPPOSITION TO ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION on interested parties in this action by placing the true copies thereof enclosed in sealed envelopes addressed as follows: Anthony L. Curiale, Esq. 418 S. Brea Boulevard Brea, CA 92821 (X) BY MAIL: As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Anaheim, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Y FACSIMILE: I caused the contents of said envelope to be delivered by Facsimile machine to the number indicated after the address(es) noted. (} BY PERSONAL SERVICE: I delivered a copy of the document by hand to the address(es) noted. (x) STATE: I declare under penalty of perjury under the laws of the State of California that the above is true and correct. () FEDERAL: I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. (1-~.~. Denise Silberman 29 of 36 75A-152 1 2 3 4 5 6 7 8 9 10 11 ~~ ~ 12 ~~ ~s~~ 13 x~ ~~: 14 F- 'r C o~ ~~ 15 Y~ ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 JACK L. WHITE, CITY ATTORNEY MOSES W. JOHNSON, IV, DEPUTY CITY ATTORNEY STATE BAR NO. 1 18769 200 South Anaheim Boulevard, Suite 356 Anaheim, California 92805 (714) 765-5169 (714) 765-5123 FAX miohnson. cr,anaheim.net Attorneys for Defendant CITY OF ANAHEIM SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER, UNLIMITED QUALIFIED PATIENTS ASSOCIATION ) an Unincorporated Association, ) LANCE MOWDY, an individual, } Plaintiffs, ) vs. ) } THE CITY OF ANAHEIM, et al. , Defendants. CASE N0. 070009524 JUDGE: DAVID A. THOMPSON DEPT; C28 DECLARATION OF POLICE OFFICER KEVIN SCHLUETER IN SUPPORT OF OPPOSITION TO ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION DATE: September 28, 2007 TIME: 9:30 a.m. DEPT: C28 Comp. filed: 9/4/07 TRIAL DATE: None Decl Opp to OSC Re Preliminary Injunction 30 of 36 75A-153 1 2 3 4 5 6 7 8 9 l0 ~ ~ 11 z ~~ ~~ 12 aw~ U~ ~~ 13 ~~ ~c 14 o ~ ~~ 15 o ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 I, KEVIN SCHLUETER, declare: 1. I have personal knowledge of the facts attested to herein and, if called to testify concerning the same, I could and would do so competently. 2. I am a Police Officer with the City of Anaheim. 3. On March 2, 2005 at approximately 11:00 a.m., I was working in an undercover capacity. I was wearing a wire transmitter at this time for officer safety purposes only. Investigators made no recordings of the incident. 4. I went to 421 N. Brookhurst, Suite # 130, in the City of Anaheim, which is a business that dispenses marijuana for medicinal purposes (420 Primary Caregivers). I went to the business to attempt to purchase marijuana. I walked into the business and noticed there were approximately 4 people waiting in line to purchase marijuana from the business. There was a female employee at the front desk window who asked me if I had been there before. I explained to the female that I had never been there and she asked me if I had I.D. I gave the female employee my identification and she told me to wait a few minutes. Approximately 5 minutes later the female returned and asked me to my letter of recommendation from my doctor to purchase marijuana. I explained to the female that I did not have a letter of recommendation and I asked her if they would sell me marijuana anyway. The female told me that I needed a letter of recommendation to purchase marijuana. 5. The female employee I had been talking to told me her name was "Ashley" and she recommended that I see a doctor named Dr. Denny. "Ashley" told me that Dr. Denny could ', provide me with a letter of recommendation to purchase marijuana and his office is located in i~ the City of Lake Forest. "Ashley" told me that there is a female named "Candice" who schedules appointments for Dr. Denny. "Ashley" told me to telephone (949) 855-8845 and to ask for "Candice." "Ashley" said "Candice" would schedule an appointment f'or me to see Dr. Denny to obtain a letter of recommendation for marijuana. 6. "Ashley" explained to me that it would cost $200.00 to get a letter of recommendation from the doctor and it is good for 1 year to purchase marijuana from locations which dispense it for medicinal purposes. "Ashley" told me that it costs $100.00 to renew the -1- Decl Opp to OSC Re Preliminary Injunction 31 of 36 75A-154 1 2' 3 4 5 6 7 8'' 9 10 ~ 11 z ~ ~ ~ 12 a'w 13 ~3 a ~$~' ~~ ~ ~ ~o ~~~ 14 W~~ ~~ 15 U ~ ~` 16 17 I 18 I 19 20 21 22 23 24 25 26 27 28 I letter of recommendation upon its expiration date. 7. While I was inside the front office of the location, there was a male customer talking to the female employee through the office window. I heard this male customer ask the female employee if they deliver the marijuana that has been subscribed. The female employee did not know the answer to the question and she asked for an older male employee to come to the office window. I heard this male employee explain to the male customer that they do deliver marijuana upon request, however, they need a 24-hour notice. This male employee further explained t.o the male customer that if he needed a delivery of marijuana, not to call, for example, at 11:OU a.m, and request for a delivery at 12:00 noon. The male employee again reiterated to the male customer that if he wants it delivered, that they will accomodate him, but just give them 24-hour notice. 8. I then Ieft the location and the investigation continued. Attached hereto as Exhibit "A" is a true and correct copy of Crime Report DR OS-1189S on this investigation. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED this ~3 th day of September, 2007 at Anaheim, California. S L E R. - 2 - Decl Opp to OSC Re Preliminary Injunction 32 of 36 75A-155 PROOF OF SERVICE 1013A (3) CCP Revised 5/1/88 STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 200 S. Anaheim Boulevard, Suite 356, Anaheim, California 92805. On September t ~ 2007 , I served the foregoing document described as: DECLARATION OF POLICE OFFICER KEVIN SCHLUETTER IN SUPPORT OF OPPOSITION TO ORDER TO SHOW CAUSE RE PRELIMINARY IN7UNCTION on interested parties in this action by placing the true copies thereof enclosed in sealed envelopes addressed as follows: Anthony L. Curiale, Esq. ~ 7/y) s`~ / ` ~ Z„~ ~j 418 S. Brea Boulevard / / Brea, CA 92821 (X) BY MAIL: As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Anaheim, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. `~BY FACSIMILE: I caused the contents of said envelope to be delivered by Facsimile machine to the number indicated after the address(es) noted. (} BY PERSONAL SERVICE: I delivered a copy of the document by hand to the address(es) noted. (x) STATE: I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (} FEDERAL: I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. ~~ r Denise Silberman 33 of 36 75A-156 1 2 3 4 5 6 7 8 9 10 11 z ~ g ~ 12 <W - ~~ ~ ~~ 13 ~o ~~ 14 ac o~ ~~ 15 o ~ 16 17 18 19 20' 21 22 23 24 25 26 27 28 JACK L. WHITE, CITY ATTORNEY MOSES W. JOHNSON, IV, DEPUTY CITY ATTORNEY STATE BAR N0. 118769 200 South Anaheim Boulevard, Suite 356 Anaheim, California 92805 {714) 765-5169 (714) 765-5123 FAX m j ohnson(c~,anaheim.net Attorneys for Defendant CITY OF ANAHEIM SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER, UNLIMITED QUALIFIED PATIENTS ASSOCIATION } CASE N0.07CC09524 an Unincorporated Association, ) LANCE MOWDY, an individual, } JUDGE: DAVID A. THOMPSON Plaintiffs, ) DEPT: C28 vs. THE CITY OF ANAHEIM, et al. , Defendants. REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO OSC RE PRELIMINARY INJUNCTION DATE: September 28, 2007 TIME; 9:30 a.m. DEPT: C28 Comp. filed: 9/4/07 TRIAL DATE: None Req for Judicial Notice-Opp to OSC Re PI 34 of 36 75A-157 1 REQUEST FOR JUDICIAL NOTICE 2 I. INTRODUCTION 3 On August 7, 2007, the Anaheim City Council adopted Ordinance no. 6067 prohibiting 4 medical marijuana dispensaries. Copies of the proposed Ordinance no. 6067, the Police Chiefs 5 staff report and exhibits submitted to the City Council were attached as Exhibits to the Police 6 Chiefs declaration. The City Council minutes and Ordinance 6067 as adopted are attached to 7 this request. Judicial notice may be taken of legislative enactments of cities. Evid. Code 8 §§452(b), 200 and official acts of government (city council minutes). Evid. Code §452(c). 9 Attached to the Police Chief s declaration are true and correct copies of the following 10 documents that were presented to the Anaheim City Council on July 31, 2007: ~ ~ 11 a) Staff report dated July 31, 2007. Exhibit "A." z ~ ~ 12 b) Anaheim Medical Marijuana Dispensary Ordinance. Exhibit "B." 4 lTl ~~ ~g~~ 13 c) California Police Chiefs Association Compilation Report on Medical Marijuana wo ~~ ~ 14 Dispensaries Negative Secondary Effects. Exhibit "C." x w~ c~ 15 d} Riverside County District Attorney's Office White Paper on Medical Marijuana. ~ o ~ 16 Exhibit "D." 17 e) El Cerrito Police Department Memorandum dated April 18, 2007. Exhibit "E;" and 18 f) El Cerrito Police Department Memorandum dated January 12, 2007. Exhibit "F." 19 g) Medical Marijuana Dispensary Ordinance Ban-Power Point presentation. Exhibit 20 "G." 21 Attached to this request for judicial notice are true and correct copies of: 22 1) City Council minutes of July 31, 2007 (pages 1, 10-11; item #24). 23 2) City Council minutes of August 7, 2007 (pages 1, 7; item #19}. 24 3) Ordinance 6067 adopted August 7, 2007. 25 DATED: September 14, 2007 JACK L. WHI ITY ATTORNEY 26 ~ y M S W. SON, V 27 D puty C' Attorney 28 A orne r Defendant City o A eim - ~' Req for Judicial Notice-Opp to OSC Re PI 35 of 36 75A-158 PROOF OF SERVICE 1013A (3) CCP Revised 5/1/88 STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 200 S. Anaheim Boulevard, Suite 356, Anaheim, California 92805. On September ~ ~ 2007 , I served the foregoing document described as: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO OSC RE PRELIML~tARY INJUNCTION on interested parties in this action by placing the true copies thereof enclosed in sealed envelopes addressed as follows: Anthony L. Curiale, Esq. 418 S. Brea Boulevard Brea, CA 92821 C 2t~~).~~.~ - 7z G Y (X) BY MAIL: As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Anaheim, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. ~BY FACSIMILE: I caused the contents of said envelope to be delivered by Facsimile machine to the number indicated after the address(es) noted. () BY PERSONAL SERVICE: I delivered a copy of the document by hand to the address(es) noted. (x) STATE: I declare under penalty of perjury under the laws of the State of California that the above is true and correct. () FEDERAL: 1 declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Denise Silberman '~- 36 of 36 75A-159 bk:8/26/07 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIII TO CHAPTER 18, AND ADDING SECTION 41-121 AND AMENDING SECTION 41-144 OF THE SANTA ANA MUNICPAL CODE TO PROHIBIT THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. For the last two years the City Council has had a moratorium in place banning medical marijuana dispensaries from opening in Santa Ana. The moratorium expires on October 17, 2007. Under state law, such moratoriums cannot generally be extended beyond two years. B. Under federal law, marijuana is considered a Schedule I drug which denotes "a high potential for abuse, lack of any accepted medical use, and absence of any accepted safety for use in medically supervised treatment." But California has two statutes dealing with medical marijuana. The Compassionate Use Act of 1996 (the "Compassionate Use Act") was enacted through a popular initiative, Proposition 215. The Medical Marijuana Program Act of 2004 was enacted by the State Legislature in the belief that Proposition 215 was being ignored by California cities and counties. Both of these state laws provide a defense to criminal prosecution for possession, cultivation, and transportation of marijuana in certain circumstances. C. In June 2005, the United States Supreme Court, relying on the Commerce Clause and Supremacy Clause of the United States Constitution, held that this California state law does not provide a defense to individuals prosecuted in federal court for cultivation, transportation, or possession of marijuana. After the June 2005 Supreme Court decision, many cities, including Santa Ana, enacted moratoriums to study the issue of medical marijuana dispensaries. Ordinance No. NS-XXX Page 1 of 75A-160 Currently, many cities are facing the same predicament that Santa Ana is facing with their moratoriums about to expire. D. In Orange County, the cities of Tustin, Anaheim, Fullerton and Costa Mesa have all banned medical marijuana dispensaries from their cities. Anaheim recently enacted their ban and also decreed that any dispensaries already in existence would have to close. The City of Huntington Beach initially allowed medical marijuana dispensaries in general and limited industrial zones but is considering deleting this permission for medical marijuana dispensaries in its zoning code. On July 17, 2007, the Board of Supervisors for the County voted to approve a fee for the issuance of identification cards for patients and primary caregivers, which each county is mandated to issue under the state Medical Marijuana Program Act. The County has not addressed dispensaries from a land use perspective in the unincorporated areas. E. Elsewhere, Pasadena, Fresno, Susanville, and Concord, among others, are among at least 40 California cities that have adopted ordinances banning medical marijuana dispensaries; while another 100 cities have moratoria in place. (Source: League of California Cities.) Each of the aforementioned cities were sued by a non- profit group called the American Medical Marijuana Association (AMMA) that promotes the use medical marijuana. Susanville and Concord prevailed at the demurrer stage and the lawsuit against Pasadena was filed but never served. The lawsuit against Fresno has been stayed and during the stay, Fresno enacted an ordinance which appears to allow medical marijuana dispensaries and cooperatives in any zone district designated for medical offices but only if consistent with State and Federal law (therefore, it really bans them). F. The City of Los Angeles, which previously permitted approximately 100 medical marijuana dispensaries, in August 2006 adopted a one year moratorium on permitting any new dispensaries. The moratorium was based on findings that permitted dispensaries were not complying with existing regulations and were violating criminal laws. In supporting the moratorium, Los Angeles Police Chief Bratton testified before the city's Police Commission in January 2007: "The vast majority of people who use these premises are using them for recreational drug use." G. According to a report prepared by the Los Angeles Police Department, 24 cities and 7 counties had established ordinances Ordinance No. NS-XXX Page 2 of 4 75A-161 authorizing them one way or another. Atascadero, Berkeley, Elk Grove, Hayward, Oakland, San Francisco, San Jose, Santa Cruz, Santa Rosa, Visalia, West Hollywood, and Whittier are among some of the cities which allow medical marijuana dispensaries in specified zones. This statistic may be somewhat misleading, however. For example, while Whittier permits dispensaries in its industrial zone, it has ordered the only existing dispensary in the city to close within one year. H. Currently, Long Beach, Corona, Mission Viejo, Newport Beach, Santa Clarita, and Simi Valley, among others, still have moratoriums in place. Several other cities have opted not to address the issue at the Council level, on the theory that (a) any land use not expressly permitted by the zoning code is banned, and/or (b) no land use can be legally established that violates federal law. These cities include Orange, San Juan Capistrano, Burbank, and Glendale. Numerous law enforcement agencies have expressed concerns regarding medical marijuana dispensaries and cooperatives in their areas. The California Police Chief's Association (CPCA) recently compiled a report containing data from several jurisdictions which illustrates some of law enforcement's complaints about these facilities: the facilities violate federal law, street dealers often sell at lower prices to entice patients away from dispensaries, non- residents travel to the city to purchase marijuana, neighboring businesses have experienced a loss of customers, there appears to be an increase in unreported crime to avoid negative publicity, there have been robberies outside of and at the dispensaries, there have been home invasion robberies of individuals who utilize or are employed by the dispensaries, and patients selling to non-patients. In addition, the media have investigated and reported about several physicians suspected of providing prescriptions of medical marijuana when they have not evaluated the patient's medical condition or the patient has no serious medical condition that would warrant a prescription. J. The secondary effects outlined in the CPCA report, the EI Cerrito Police Department memorandum and the Anaheim declarations are likely to occur in Santa Ana if medical marijuana dispensaries are allowed to legally operate. Unlike the cities and counties which have opted to not adopt ordinances addressing this issue, Santa Ana has a broad zoning use classification of "retail and service" uses (Santa Ana Municipal Code section 41-144) which would appear to allow medical marijuana dispensaries. Accordingly, once the moratorium expires and without a ban, medical marijuana Ordinance No. NS-XXX Page 3 of _ 75A-162 dispensaries would be allowed to operate in all specific development (SD) districts which allow retail and service uses, as well as the city's C1, C2, C3A, C4, C5, and C-SM zones. K. The Council additionally relies on the facts and statements set forth in the Request for Council Action dated October 1, 2007, the Request for Planning Commission Action dated September 24, 2007and in the following expert reports that were submitted to the City Council, which all are incorporated by this reference as though fully set forth: (1) the California Police Chiefs Association Compilation Report on Medical Marijuana Dispensary Negative Secondary Effects; (2) the Riverside County District Attorney's Office White Paper on Medical Marijuana; (3) the City of EI Cerrito Police Department Memorandums; and (4) sworn declarations submitted by the Chief of Police of Anaheim and two other Anaheim police officers defending a challenge by an existing medical marijuana dispensary to Anaheim's ordinance banning medical marijuana dispensaries. L. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. M. This ban on dispensaries does not impede the purpose of Compassionate Use Act because it permits individual caregiver to patient relationships as intended by Proposition 215. M. Pursuant to the California Environmental Quality Act a statutory and categorical exemption has been approved for this project. Ordinance No. NS-XXX Page 4 of 4 75A-163 Section 2. Article XIII is added to Chapter 18 of the Santa Ana Municipal Code to read as follows: Article XIII Medical Marijuana Dispensaries Sec. 18-610. Purpose and Findings. The City Council finds that federal laws prohibiting the possession, sale and distribution of marijuana, and alternatively their undesirable secondary effects, preclude the opening or operation of medical marijuana dispensaries sanctioned by the City, and in order to serve public health, safety, and welfare of the residents and businesses within the City, the declared purpose of this article is to prohibit medical marijuana dispensaries as defined in this article. Sec. 18-611. Medical Marijuana Dispensary Defined. (a) A medical marijuana dispensary is a facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or supplied to one or more of the following: (1) more than a single qualified patient, (2) more than a single person with an identification card, or (3) more than a single primary caregiver. The term "medical marijuana dispensary" includes a medical marijuana cooperative. (b) Unless otherwise regulated by this chapter or applicable law, a medical marijuana dispensary shall not include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health & Safety Code, (2) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health & Safety Code, (3) a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health & Safety Code, (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of the California Health & Safety Code, (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health & Safety Code, to the extent that such use strictly complies with applicable law, including but not limited to California Health & Safety Code section 11362.5. et seq. (c) A medical marijuana cooperative is two or more persons collectively or cooperatively cultivating, using, transporting, possessing, Ordinance No. NS-XXX Page 5 of 75A-164 administering, delivering or making available medical marijuana, with or without compensation. (d) All terms used in this section, including but not limited to "medical marijuana," "qualified patient," "identification card," and "primary caregiver," shall be as defined in California Health & Safety Code section 11362.5. et seq. Sec. 18-612. Medical Marijuana Dispensary Prohibited. It shall be unlawful for any person or entity to own, manage, conduct, or operate any medical marijuana dispensary or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any medical marijuana dispensary in the City. Section 3. Section 41-121 of the Santa Ana Municipal Code is hereby added to define medical marijuana dispensaries as follows: Sec. 41-121. Medical Marijuana Dispensary. (a) A medical marijuana dispensary is a facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or supplied to one or more of the following: (1) more than a single qualified patient, (2) more than a single person with an identification card, or (3) more than a single primary caregiver. The term "medical marijuana dispensary" includes a medical marijuana cooperative. (b) Unless otherwise regulated by this chapter or applicable law, a medical marijuana dispensary shall not include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health & Safety Code, (2) a health care facility I~icensed pursuant to Chapter 2 of Division 2 of the California Health & Safety Code, (3) a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health & Safety Code, (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of the California Health & Safety Code, (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health ~ Safety Code, to the extent that such use strictly complies with applicable law, including but not limited to California Health & Safety Code section 11362.5. et seq. Ordinance No. NS-XXX Page 6 of 4 75A-165 (c) A medical marijuana cooperative is two or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering or making available medical marijuana, with or without compensation. (d) A medical marijuana dispensary is not the same use as a pharmacy. (e) All terms used in this section, including but not limited to "medical marijuana," "qualified patient," "identification card," and "primary caregiver," shall be as defined in California Health & Safety Code section 11362.5. et seq. Section 4. Section 41-144 of the Santa Ana Municipal Code is hereby amended to prohibit medical marijuana dispensaries as a retail or service use in the City such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 41-144. Retail and service uses. Retail and service uses include any use of property for the purpose of offering merchandise or services to the public for compensation, and include banks, savings and loan associations, and similar financial institutions, but do not include the following: (a) Sheet metal shops, body-fender works, automobile paint shops, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling or compounding of any product, other than that which is clearly and traditionally incidental and essential to a particular retail activity. (b) A medical marijuana dispensary as defined in section 41-121 of this Code. (cb) Any use which is more specifically identified as a permitted use or as a use which may be permitted subject to the issuance of a conditional use permit in one or more use districts pursuant to Article III of this chapter. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that Ordinance No. NS-XXX Page 7 of 75A-166 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of .2007 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 8 of 4 75A-167 75A-168