Some California Cities Still Violating Medical Marijuana Laws

Despite the success experienced by dozens of California cities and counties regulating — and in one case, even taxing — medical marijuana sales, some municipalities have seen fit to shutter all open access to patients. In San Diego, where local voters approved the state’s medical marijuana initiative 13 years ago, the county district attorney  continues to assert that it’s illegal to dispense medical marijuana to patients whose physicians have approved its use. Despite repeated losses in court and overwhelming opposition to medical marijuana raids, District Attorney Dumanis has vowed to continue her pogrom against San Diego’s sick.

On the other end of the state, the small town of Red Bluff may be taking it upon itself to re-write California’s voter-approved medical marijuana law altogether. The city’s planning commission voted 3-2 on Tuesday to support of an ordinance which would not only ban storefront medical marijuana dispensing collectives but also prohibit all medical marijuana cultivation. Apparently, the news that California laws specifically allow cultivation by patients and their caregivers hasn’t reached Red Bluff in all these years. Nor have the loads of case law supporting these rights been taken into account when the majority of commission cast its vote to thwart state law.

The Red Bluff City Council should reject this offensive proposal but if they don’t, I’m confident that it will be overturned in court. Further, public officials like D.A. Dumanis and the three Red Bluff planning commissioners who openly defy the will of their state’s voters and its legislature should find another line of work.

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13 comments

1 alex { 10.15.09 at 2:06 pm }

problem with this one is the feds, the law being somewhat grey and the coops running for profit when they are told not to…which leads to more grey areas…

the biggest problem is prices, and the amount of people with cards…if california would regulate it, then maybe 10 percent of those 300k card holders would be purchasing, lowering costs for those of us that actually REALLY need it to function, not to calm down, well for that, but for nerve pain, joint pain…serious pain…not some of these things written for, like a bad knee, I had a broken knee, its maybe the 25th most painful location throughout the day…Lower the cards given out, and this isnt a problem, and if they could change the law, get federal support

just wont happen for awhile….till there is someone to tell her no, dumanis will raid all of em.

2 Clarence { 10.15.09 at 5:15 pm }

I think those who do not follow state laws are the ones loosing big money. No raids = no property seizures, no cash seizures and no one to fine and put on probation. The police have been lining their pockets for so many years that it seems unlawful to let all that money go. The police are acting like the gangsters back in the thirties, meaning that they oppose legalization like the gangsters opposed the legalization of booze. We are a bigger majority than the police but big gov. is bigger than us but we will win this war. Change is comming ever so slowly but at least it’s comming. Keep tokin and over grow big bro.

3 carroll { 10.16.09 at 2:01 am }

I am certainly not the smartest person, but I think the MPP should go after changing marijuana laws in one very simple way—Go through the Supreme Court and state that drug testing of employees is unconstitutional unless ALL lawmakers,(Congressmen, Senators, Judges, and Even the Supreme Court is subject to random drug testing, just like many employees are. I don not see how these people escape random testing.

4 Mike R { 10.16.09 at 7:21 am }

There is no problem here whatsoever. In this country, we are supposed to be free and laws are supposed to be implemented as needed. If the law is “gray”, the interpretation should be on the side of the people. Simply put, police and lawmakers should not be harassing and arresting marijuana users until there is a clairification of the law. Isn’t there some other serious crim that they can focus on in the meantime? If not, then maybe some of their jobs should be eliminated.

5 Joel { 10.16.09 at 9:10 am }

I’ve did some interesting Google search on District Attorney Bonnie Dumanis, and she is definately an S&M bitch that doesn’t like male pot smokers. A female bully that likes to find easy fair-game to show her passion for inflecting pain on others.

6 DarthNole { 10.16.09 at 2:22 pm }

Where si the Governor in all of this… why doesn’t he stand up and tell these officials that they are violating State Law? Furthermore why doesn’t he reprimand the Police Commisioners and District Attorneys and remind them that their job is to ENFORCE CALIFORNIA LAWS.

We have local police to enforce local codes and ordinances…
We have State police to enforce State Laws…
We have Federal Agents to enforce Federal Law…

Why can’t these people simply deal with enforcing their specific area of law. If they think that someone is violating Federal Law, then they should contact a Federal Agent and let them do THEIR job. It is such a tremendous waste of resources (in a state that is almost bankrupt) to deal with anything that is not your responsibility!!!

7 Dan-o { 10.16.09 at 3:20 pm }

What’s the difference? We (pot smokers) have been violating marijuana laws for decades! Anyone else sense a slight decline towards anarchy?

8 Relaxed { 10.17.09 at 9:47 am }

A few people seem to think that further limiting the allowable medical uses or limiting the number of patients may help legitimize the use; there is nothing further from the truth! Think about it, the more uses and the more people using it creates more people that will vote and approve of it’s use, the more people using it the larger the demand for it and the greater the number of people asking for the end to the prohibition of it, thus the faster the changes in negative perception and the fewer the negative consequences the politicians perceive will be placed on them, for supporting an end to the war on marijuana, the sooner we get the change we all would like.

9 Joel { 10.18.09 at 8:57 am }

I really wished marijuana is legalized, because it can bridge the social gap between civilians and local police offiers.
More often the gap is political.

10 Peter { 10.19.09 at 10:11 am }

The drug laws and drug policy in the United States is criminally irresponsible. The present laws have created a drug culture that wouldn’t exist other than for the laws. We have turned our streets into drug war zones, turned victims into criminals , and hoards of closet hypocrites.
I’ve been alive on this planet for 67 years , and while that isn’t such a prodigious number I think it is long enough to have watched in utter amazement the progression of the war on drugs. I would not presume to suggest that all drugs be made readily available and sanctioned by the Government, However it certainly should have occurred to someone by now that The Government , the police the politicians and the other Gangsters have a vested interest in continuing and increasing the war on drugs. They all make money from it. The Politicians don’t want to loose the income derived from the Legal Drug pushers in the Pharmaceutic Industry. The police can confiscate all kinds of goodies. The can’t hire more drug goons and upgrade their fire power and get some neat new toys. Drug dealers are the biggest supporters of keeping drugs illegal. Otherwise they are out of business. I think Americans are all thinking with their dip sticks Jimmy ! Everything in this country seems to be upside down inside out and backwards.
I must be living in OZ. Either that or I have completely lost my mind.

11 Nadir Albriz { 10.19.09 at 12:44 pm }

FYI – ALL of San Luis Obispo County’s cities have banned medical marijuana dispensaries, too.

12 Bryan { 10.20.09 at 11:42 am }

This issue is going to end up on the same level as Prop. 8 here in CA. Supporters of Prop. 8 pushed and got what they wanted, just as those did for Prop. 215 (medicinal marijuana). Prop. 8 will be held up in court because it’s what the voters want. Just the same, medicinal marijuana will succeed in the long run, simply because it’s what the voters want. It’s a shame politicians will fight against the will of the people ONLY when it goes against their ideologies. If CA voters vote for a law, the politicians and authorities must abide by it. Those who do not should be voted out. 2010 had better be centered on this issue in CA considering the amount of benefits that could come from regulation of HEMP in the least.

13 Colorado: A Model for Medical Marijuana? « Much To Say About Nothing { 10.20.09 at 9:43 pm }

[...] of us feeling perturbed by the recent parade of California officials trying to undermine that state’s medical marijuana laws might find comfort in the [...]

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