Judge OK’s Medical Marijuana Crackdown in Fresno

It seems yet another California official refuses to recognize that state’s medical marijuana law, and instead wants to deny patients the treatment that’s recommended by their doctors and protected under state law.  Barely a week after the police chief of Redding, California sent a warning to local dispensing collectives about their defiance of federal law, a superior court judge in Fresno County today issued a two-week restraining order that temporarily shuts down all nine medical marijuana collectives that have opened in Fresno this year.

Judge Alan M. Simpson sided with city officials, who since August have been trying to shut down the collectives through a nonsensical zoning ordinance that requires the businesses to obey both state law (under which they’re legal) and federal law (under which they’re not). Such an ordinance is essentially impossible for the collectives to obey as long as medical marijuana remains illegal under federal law.

Lawyers for the collectives say they will argue at an Oct. 22 hearing that because state laws permit medical marijuana, local governments can’t use zoning ordinances to ban the collectives. Until then, medical marijuana patients in Fresno will be unable to safely or legally obtain their recommended treatment within city limits.

“The real winners in that will be the drug dealers and the drug cartels,” said Sean Dwyer, owner of California Herbal Relief Center, one of the closed collectives, which itself caters to 800 patients. “Because rather than being able to get their medication from us legally, they will be forced to buying it illegally off the street.”

When will California officials understand that their job is to enforce California’s laws, not the federal government’s? Medical marijuana has been legal in California since 1996. Sadly, as attorney William Logan told a local ABC affiliate, “here we are 13 years later, [still] trying to figure out how to get medicine to patients.”