pugnacious
Active member
I like my odds. Also like my odds on winning a fat settlement aka your tax dollars.
UPDATED:New Los Angeles Medical Marijuana Draft Ordinance
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I like my odds. Also like my odds on winning a fat settlement aka your tax dollars.
HS 11362.775. Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.
HS 11357. (a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be punished by imprisonment in the state prison.
(b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding other provisions of law, if such person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, the provisions of Sections 1000.1 and 1000.2 of the Penal Code shall be applicable to him, and the court shall divert and refer him for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept him. If the person is so diverted and referred he shall not be subject to the fine specified in this subdivision. If no community program will accept him, the person shall be subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.
(c) Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in the county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.
(d) Except as authorized by law, every person 18 years of age or over who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in the county jail for a period of not more than 10 days, or both.
(e) Except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be subject to the following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.
HS 11358. Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison.
HS 11359. Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment in the state prison.
HS 11360. (a) Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished by imprisonment in the state prison for a period of two, three or four years.
(b) Except as authorized by law, every person who gives away, offers to give away, transports, offers to transport, or attempts to transport not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.
11366. Every person who opens or maintains any place for the purpose of unlawfully selling, giving away, or using any controlled substance which is (1) specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (13), (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b), (c), paragraph (1) or (2) of subdivision (d), or paragraph (3) of subdivision (e) of Section 11055, or (2) which is a narcotic drug classified in Schedule III, IV, or V, shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison.
11366.5. (a) Any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly rents, leases, or makes available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution shall be punished by imprisonment in the county jail for not more than one year, or in the state prison.
(b) Any person who has under his or her management or control any building, room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who knowingly allows the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to further the sale of any amount of cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide and who obtains excessive profits from the use of the building, room, space, or enclosure shall be punished by imprisonment in the state prison for two, three, or four years.
(c) Any person who violates subdivision (a) after previously being convicted of a violation of subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years.
(d) For the purposes of this section, "excessive profits" means the receipt of consideration of a value substantially higher than fair market value.
HS 11570. Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, precursor, or analog specified in this division, and every building or place wherein or upon which those acts take place, is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered, whether it is a public or private nuisance.
Looked like you had a point until this below.
11362.765. (a) Subject to the requirements of this article, the individuals specified in subdivision (b) shall not be subject, on that sole basis, to criminal liability under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570. However, nothing in this section shall authorize the individual to smoke or otherwise consume marijuana unless otherwise authorized by this article, nor shall anything in this section authorize any individual or group to cultivate or distribute marijuana for profit.
pugnacious
Active member
Regardless. I learned something today.
That there is no point of me wasting my time searching the internet for updates. This is going to be a very complicated and long circus show. Im glad the city of LA is moving forward, although I dont agree with everything that was said today.
Like I said.. This is going to be a long circus show.
That there is no point of me wasting my time searching the internet for updates. This is going to be a very complicated and long circus show. Im glad the city of LA is moving forward, although I dont agree with everything that was said today.
Like I said.. This is going to be a long circus show.
UPDATE: LA City Council Votes to Allow Dispensaries!
UPDATE: LA City Council Votes to Allow Dispensaries!
Don't search the Internet! Here's your update!
The LA City Council yesterday decided to allow dispensaries to continue to operate selling medical marijuana. They stripped out the language in the ordinance that said that medical marijuana could not be sold, and substituted language that allows cash contributions, reimbursements and compensations in exchange for the cannabis.
The council said it would consider a possible cap on the number of dispensaries allowed in the city as part of a separate ordinance.
http://latimesblogs.latimes.com/lan...les-might-adopt-cap-on-dispensaries.html#more
UPDATE: LA City Council Votes to Allow Dispensaries!
Don't search the Internet! Here's your update!
The LA City Council yesterday decided to allow dispensaries to continue to operate selling medical marijuana. They stripped out the language in the ordinance that said that medical marijuana could not be sold, and substituted language that allows cash contributions, reimbursements and compensations in exchange for the cannabis.
The council said it would consider a possible cap on the number of dispensaries allowed in the city as part of a separate ordinance.
http://latimesblogs.latimes.com/lan...les-might-adopt-cap-on-dispensaries.html#more
I watched the entire meeting live online. It gave me a headache.
I'm glad i don't own a storefront as the DA has a hard on to shut them all down. Their inpsection requirements are insane. Can the LAPD inspect Rite Aid or CVS?
The council will pass an ordinance and then the courts will fill in the details and grey areas.
Total circus show.
I'm glad i don't own a storefront as the DA has a hard on to shut them all down. Their inpsection requirements are insane. Can the LAPD inspect Rite Aid or CVS?
The council will pass an ordinance and then the courts will fill in the details and grey areas.
Total circus show.
i kind of like that in WeHo, The Farmacy has security guards patrolling the few blocks and parking lot. I don't want to get jacked on my way out.
400 is probably enough although i remember waiting in lines for an half hour or hour back before the ICO. Now i don't have to wait but 5 minutes to get served. We will see if 400 will be enough.
***are they really making the D's grow their own meds??? that will be interesting. I bet there won't be even 186 D's if that's the case. Man if you thought there was some shwag ass meds now wait till the D's have to grow their own. LOL.
Shangri-la
Member
"The council also approved an amendment to limit operators to one dispensary and an amendment to limit patients and caregivers to membership in one collective, but allow for emergency purchases."
http://www.latimes.com/news/local/la-me-medical-marijuana25-2009nov25,0,3836835.story?track=rss
http://www.latimes.com/news/local/la-me-medical-marijuana25-2009nov25,0,3836835.story?track=rss
Def. watched the whole meeting live online. Gave me a headache.
The D.A. and City Attorney have a raging boner to shutter these places. They can't wait to RAID.
REGARDING SALES OF CANNABIS IN CALIFORNIA:
"council members and some speakers cited a local radio announcer's report that the attorney general had said all sales were illegal. A spokesman for Brown said the report was inaccurate and Brown has not changed his position."
"council members and some speakers cited a local radio announcer's report that the attorney general had said all sales were illegal. A spokesman for Brown said the report was inaccurate and Brown has not changed his position."
"The council, which avoided the word "sales" on the advice of its lawyers, decided that Los Angeles would allow "cash contributions, reimbursements and compensations" as long as they comply with state law."
^^^ The council finally got the terminology right. I see the headlines saying that the council approved sales; they are wrong. It's all in the semantics of the words. The typical meaning of a sale to the ordinary person is a straight up transaction of cash for a wanted good; nothing else required. The law calls for "reasonable compensation for the cost incurred for the production of marijuana." The ordinary meaning of sale does not fit this definitions set out by the law. That is why the city council evaded the word "sales."
Also, the council said "as long as they comply with state law." Straight over the counter sales that Ds continue to do now are not in compliance with state law. We all know this inside, regardless, of what our agenda or personal want may be. Actually, that is Cooley's position. No D that I know, 15+, runs as a true collective or co-op. They are straight up 7-11s buying from the dudes from up north going from one D to the next with their duffle bags loaded. Especially, right now after outdoor just came down. You never see them again until next year, maybe.
I hold the 3rd pre-ico and I could care less what they decide to do. I am not running a D anymore as of 2007. I run a state compliance collective and what they decide doesn't affect the collective. All they have done is switched the name dispensary to collective, but it ain't fooling anyone. Changing the name dispensary to collective does not make the D a collective under state law. Fortunately, the council seems to be on the side of Ds. Just watch out for Cooley and the LAPD and LA Sherriffs.
^^^ Loophole in the making.
That is what a collective would be required to do to be in compliance with state statute and case law as it stands. It is more than obvious that Ds do not do this; that is why they are still just Ds no matter what title they try to give themselves; i.e: calling themselves a collective.
Do you know what propagandist means?
Main Entry: propagandist
Part of Speech: noun
Definition: spreader of misinformation
Show me where I am mis-informing!!!
People who have differing opinions other than your own are not progagandists.
D
djam
1,000 ft. from schools, parks, churchs etc.
is this to much to ask for ? The co-ops should not be near these places period.
how long does it take to walk/travel 1000 feet ?
Bars ,liquor stores , restaurants , gas stations, grocery stores are all regulated for a reason .
is this to much to ask for ? The co-ops should not be near these places period.
how long does it take to walk/travel 1000 feet ?
Bars ,liquor stores , restaurants , gas stations, grocery stores are all regulated for a reason .
Dude. calm down on the .hate! its in your sig and everything, bro! calm, peaceful tranquility. no need for war! peace man!
1st off, let me quote a famous song. nobody walks in L.A. People drive excess of 30 miles to get a halfway decent NY style pizza. What makes you think med patients won't drive 10 to get meds. We have a subway that gets you almost anywhere as well as busses. If they allow the 246 that were open prior to the memoratum, I'm sure there will be enough meds for everyone. Competition will be higher, and those dispensaries that don't grow, will have to hire someone to grow for them. As for the Salary Caps... Who the hell is a city official to claim we make too much money? $100,000/yr? For the risks involved, no thanks.. better off sellin clones n beans. In L.A, if you wanted to make a bundle, just cut 200 clones a week. sell em for $10ea. no wonder theres still a black market!
1st off, let me quote a famous song. nobody walks in L.A. People drive excess of 30 miles to get a halfway decent NY style pizza. What makes you think med patients won't drive 10 to get meds. We have a subway that gets you almost anywhere as well as busses. If they allow the 246 that were open prior to the memoratum, I'm sure there will be enough meds for everyone. Competition will be higher, and those dispensaries that don't grow, will have to hire someone to grow for them. As for the Salary Caps... Who the hell is a city official to claim we make too much money? $100,000/yr? For the risks involved, no thanks.. better off sellin clones n beans. In L.A, if you wanted to make a bundle, just cut 200 clones a week. sell em for $10ea. no wonder theres still a black market!
H
humboldtlocal
Is this true? Does anyone have any more info on this? This seams like it should be total BS. Not the Operators part but the part about Patients and caregivers.
pugnacious
Active member
Cap completely contradicts "ease of access". You are right, competition will get higher along with the prices. Black market will be back in full motion.
Around 03-04, the med scene in the bay put a huge dent into the black market. I would say street dealers were pretty much pushed out by higher grade and a higher standard of bud. Allot of them that had the resources adapted and became growers and just put a higher standard of quality onto the streets. You saw this play out when the DEA raids shut down 80% of all the clubs from Hayward to Frisco. Thats when the street dealers came back.
Same shit will play out in SOCAL.
Im done with the debating and arguing. I agree to disagree with all of you that have different opinions and feelings on whats going on. I seriously do not see the point of any of this crying about dispensaries when the legalization ballot is building a momentum every day.
Either way, the D's that are profiting thru organized crime will have a huge increase of profit. The demand will always be there and will always grow.
Around 03-04, the med scene in the bay put a huge dent into the black market. I would say street dealers were pretty much pushed out by higher grade and a higher standard of bud. Allot of them that had the resources adapted and became growers and just put a higher standard of quality onto the streets. You saw this play out when the DEA raids shut down 80% of all the clubs from Hayward to Frisco. Thats when the street dealers came back.
Same shit will play out in SOCAL.
Im done with the debating and arguing. I agree to disagree with all of you that have different opinions and feelings on whats going on. I seriously do not see the point of any of this crying about dispensaries when the legalization ballot is building a momentum every day.
Either way, the D's that are profiting thru organized crime will have a huge increase of profit. The demand will always be there and will always grow.
J
JackTheGrower
I guess they like the traditional Cops and Robbers game..
This "new fangled" Dispensary may not even be illegal if you can imagine that
This "new fangled" Dispensary may not even be illegal if you can imagine that
