[Payaso]

In another twist in the battle for legalization for medical use, San Francisco's District Attorney George Gascón has stated that all of the City’s 21 licensed medical marijuana dispensaries are illegal.

The City’s 21 licensed medical marijuana dispensaries are all illegal, according to a court filing by District Attorney George Gascón that could portend a seismic shift in San Francisco cannabis policy.

City law allows medical marijuana to be bought in businesses called dispensaries and delivered to patients who have been prescribed marijuana by a licensed physician. Dispensaries must acquire business licenses and seller’s permits from the state Board of Equalization before receiving city Department of Public Health permits to sell marijuana.

Yet in December, a woman was arrested for making a delivery on behalf of Mr. Nice Guy, a city-licensed dispensary whose storefront was shut down under pressure from the federal Justice Department. Police said the woman was arrested with $631 in cash, more than 100 plastic bags of dried marijuana buds and hashish, and 48 “edibles” — marijuana-laced cookies, brownies, or other treats.

Despite being presented with paperwork showing that the woman and buyer were licensed patients and that she was working on behalf of a registered dispensary, the DA charged her with two felony counts for marijuana possession and sales, said her attorney, former District Attorney Terence Hallinan.

In a legal brief, Gascón argued that the law is not on her side.

“While California’s medical marijuana laws may be complex, the law is clear that all sales of medical marijuana are illegal,” Gascón wrote. “The ... shell game that continues to be played with medical marijuana immunities does not change that conclusion.”

Gascón’s office cites the 1996 Compassionate Use Act as well as state court decisions to make his argument, which says medical marijuana patients must “participate directly in the cultivation of marijuana” to enjoy protection under the law.

“This means that people with AIDS have to be out digging in the dirt to enjoy protection under the law,” countered former District Attorney Terence Hallinan, who is representing the woman in court. “This is impossible.”

...

The inconsistent policies — with one county agency calling illegal what another one issues permits for — is “emblematic of the ongoing disconnect in San Francisco with regard to the city’s approach to medical cannabis,” complained Assemblyman Tom Ammiano, D-San Francisco.

Read more at the San Francisco Examiner: https://www.sfexaminer.com/local/2012...#ixzz1qNb5ROpO

[greenluv707]

funny most people in san fran dont even have space to grow the amount they need......crazy.........gonna keep my eyes on this for sure.

[resinryder]

The shell game. Looks like the DA wants to control the marble.

[RetroGrow]

These guys never quit.
I'm surprised no one has taken one of them out.

[astartes]

Originally Posted by resinryder

The shell game. Looks like the DA wants to control the marble.

Nah, too much work. They'll just grab the bets off the table in the middle of the game and run for the hills.

a.

WHERE in either the CUA or MMPA does it say that patients must be involved in the cultivation, or specifies that sales are outlawed? I've been absolutely PORING over the H&S code of late, and while I found a section that outlines what certain UC schools will do with cannabis research should they decide to take up the banner, I don't recall reading anything that even suggests what Gascon is saying it is. The only thing he can really point to are recent court decisions, which, as he knows as well as any other county counsellor, are in an extreme state of flux.

And, what about the Lake decision?

I got to bring that up yesterday.

[vince514]

gotta love the screwed up laws in cali..."either shit or get off the pot" already...its legal one day and then the next some tight ass decides to raid compassion clubs and denied patients their medicine..and to make sick people dig holes themselves to be protected by the "law" come on ..what a farce.....imho

[Grass Lands]

Its not the laws...the laws are very clear as to what can and cannot be done...the folks enforcing the laws are where its flawed.

However there are numerous folks who abuse and will twist the law to make a buck, sad but true we are all labeled within that group within the eyes of the enforcers.

[Grendelkhan]

Sounds like a certain DA has an election coming up....

[Payaso]

Sea Maiden, are you referring to Lake County's recent fiasco with the board of stupids?

I keep an eye on those clowns...ever since the days of Eddy Lepp I have been watching this torrid drama unfold before my very eyes.