Hundreds of thousands of Californians may lose their rights to grow some pot with a doctor’s note this year, as the legality of banning such activity faces a potential state Supreme Court review.
On Friday, leading medical cannabis lawyer in California, Joe Elford, backed by CA NORML, filed an appeal in the case of James Maral, a 42 year-old Live Oak resident with a painful, life-threatening condition caused by insufficient blood supply to muscles and nerves. The former heavy equipment driver also has damaged discs in his back. For the past fifteen years, his family has lived in the city of Live Oak, which banned the cultivation of medical pot in 2011. Maral also is a caretaker for his mother Donneda Maral, who has severe diverticulitis and Crohn's disease, for which she is frequently hospitalized.
The San Jose City Council voted 8-3 last night to pursue tighter regulations on the eighty or so dispensaries in the city. Operators there feared the council would pursue a ban on all dispensaries, but as the meeting stretched late into the night, support for a ban did not bear fruit.
San Jose is again mulling a total ban on the eighty or so medical marijuana collectives renting retail storefronts in the city. This evening the San Jose City Council will look at a number of medical marijuana options. Staff recommends the city council:
A disturbing trend is emerging for 2014: bans on any and all medical marijuana cultivation in California counties opposed to Proposition 215.
The North Bay city of Sebastopol's new mayor, Robert Jacob, is also the founder of two licensed medical cannabis dispensaries called Peace in Medicine. Advocacy group Americans for Safe Access is lauding the historic, unprecedented move, saying it “illustrates the political strength and legitimacy of the medical cannabis movement.”
Activists are worried about a new California Appellate Court ruling over the Thanksgiving break that appears to give cities and counties the okay to ban all medical marijuana cultivation - even a single plant, in a closet, for personal, medical use.
The case revolves around the City of Live Oak, which passed an ordinance in 2011 banning medical marijuana cultivation. Patients there sued and a local judge sided with the city. Patients then appealed and the 3rd District Court of Appeals in Sacramento upheld the ban last week, according to reports, and said state law and previous court decisions "do not pre-empt a city's police power to prohibit the cultivation of all marijuana within that city."
Another medical marijuana dispensary is set to open in Oakland now that it has found a suitable home.
The Tribune reported that Oakland officials signed off on 3007 Telegraph Avenue as the new home for a dispensary run by Tidewater Patients Group, "which has strong ties to Carlos Plazola, a one-time aide to former Councilman Ignacio De La Fuente."
Alameda County is asking President Obama to end federal interference in states and cities that regulate cannabis for adult or medicinal uses.
The Tribune reports, that the Alameda County Board of adopted a resolution last week supporting medical and adult use of cannabis, and asking the feds to stop harassing lawful dispensaries. Many East Bay cities successfully tax and regulate medical marijuana.
A South Los Angeles landlord is the first to pay a $500 fine under the city's new law — Measure D. The fine was for leasing space to an unauthorized pot club.
LA voters approved regulations at the ballot box that allow for about 135 dispensaries in the city. Hundreds of others have to close.
A spokesman for City Attorney Mike Feuer told City News Service that Donald Curtis Andrews, who leased space to Universal Holistic Collective pleaded no contest on October 8 to violating Measure D. He owes the city $500 and cannot rent to another pot club or he faces stiffer penalties.
The bankrupt Bay Area town of Vallejo seems to have money to burn on fruitless and unjust marijuana cases. And the costs are piling up.
On Saturday the Vallejo Times-Herald reported that a dispensary owner who was raided in Vallejo is suing the city for abuse of power, excessive force, and retaliation.