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L.A D.A. says ALL Dispensaries Illegal & ALL Will be Prosecuted

fatigues

Active member
Veteran
Does anyone know specifically which Calif. Supreme Court decision Cooley is talking about?

PC

My guess (and it is a guess) is that Cooley is referring to People vs. Mentch.

That was not a decision which turned upon the meaning of collective or cooperative, but instead the meaning of who a "Primary Caregiver" is and, more to the point, who is not a "primary caregiver".

Never mind the collective or cooperative and non-profit debate under SB420 or otherwise. A non-patient, to take advantage of that, has to be a Primary Caregiver. If they are not, they cannot shelter under the CUA or SB420.

Mentch
was dealt with as if it interpeted the meaning of Primary Caregiver under both the CUA and SB420. To my eye, it appears that the Supreme Court went too far and essentially applied a definition created by SB420 retroactively to apply the same meaning to the term as it was used in the CUA. This would appear to be judicially dishonest, but...even so, even if the Supreme Court went too far in Mentch, the reality is that the State Supreme Court has the last say on the matter until the legislation (SB420) or the CUA itself is changed.

In other words: even if they are wrong, they are still right in law.

In particular, Mentch held that in order for a someone to be a "primary caregiver" who is able to shelter under the defenses provided by the CUA or SB420,:

"We conclude a defendant asserting primary caregiver status must prove at a minimum that he or she (1) consistently provided caregiving, (2) independent of any assistance in taking medical marijuana, (3) at or before the time he or she assumed responsibility for assisting with medical marijuana."

The relationship is one of close proximity. A spouse, nurse or close family member, generally.

What a Primary Caregiver isn't? It isn't a shopkeeper you walk into and apply to on the spot with a card. Never mind the discussion about collectives, cooperatives or profit not-for-profit. That's wholly secondary to the standpoint of dispensaries. Whether the patient can participate in such a dispensary or not, the owners and bud-tenders cannot claim to be primary caregivers under Mentch. If the defense is not available to them, it does not matter if the patients got together singing Cumbaya every night before having group meetings to discuss how more equitable their Maoist collective could be.

While that might protect the patients, either way, the shopkeeper has no defense under the law as a "primary caregiver".

In short, Mentch means the people running dispensaries who seek to rely upon being a "primary caregiver" as a defense, in the overwhelming majority of cases, are unable to do so.
 

PharmaCan

Active member
Veteran
the crime has gone up in LA with all these clubs,

You are soooo full of shit!!! Crime has gone down in L.A. in recent years. (It probably doesn't have anything to do with dispensaries, but it is a fact that crime has decreased.)

PC
 

zenoonez

Active member
Veteran
Capitalists aren't the ones producing 'bomb genetics'. Breeders are.

Capitalists just like gangs grow it and push it. One comes with a nice smile, white teeth, rehearsed discourse and sits behind a desk. The others don't.

One is in a store and one is on the street.

Take off your rose colored glasses.

Since when has there been a distinction between breeders and capitalists? I mean you can pursue bomb ass genetics on your own yes but do you think JW or Sensi or Rez don't make money off of their seeds? Of course they do. How am I the one that has the rose colored glasses? You are the one claiming that breeders who are selling their seeds are not capitalists. Who is the one with their head in the idealistic clouds?
 

BiG H3rB Tr3E

"No problem can be solved from the same level of c
Veteran
if you guys think the marijuana movement has any real pull you must be out of your heads.

as for street dealers, i never recall buying pot off the street. inside a house a house from a dude i knew yes, but never on the street and i actually preffered that house to these fucking dispensaries full of idiotic kids and wanna be gangbangers tailing people out of the parking lots because now any moron can just google where the pot is instead of actually having to know somebody.

the crime has gone up in LA with all these clubs, when the numbers were down near 100 it was ok, its become absurd. they are run by fucking people who have never smoked pot, its been taken over by ganjapreanurs or whatever the fuck they call them in all these articles.

they will end up getting shut down like they have been with the hardship exemptions, they can sue all they want, theyre gunna lose like they did in san diego. ive spoken with a city council member off the record before and nowhere in the law does it say you can operate a storefront selling pot they have been tolerated, they took advantage of the tolerance by opening up 800+ shops and making a spectacle.

hands blown off with explosives, multiple robberys in woodland hills, huge increase in marijuana grown on public land, tons more people growing pot strictly for profit cause they saw it on cnbc, yeah to me it looks like theres more problems cause of these dispensaries then when it was on the street. much harder to rob pot dealers when theres not a big sign out front saying here is the pot and cash.

not to mention it fucked up our market, shops flooded with crap....im all for reducing the numbers, we dont need 4 shops all within a quarter mile. and norcal20 arent you the guy who got jacked a few times and hid his plants on a roof?

Yeah, because there was definatly no crime assosicated with cannabis prior to dispensaries opening. Hell, Oakland is a perfect example, its still a cesspool full of thugs and gangsters and they only have 4 dispensaries. The problem is that these dispensaries have to protect themselfs and robbers know this and take advantage. Personally, I would stick 5 .44 rounds in your chest and bury you in my yard if you try and rob me. Not like some piece of shit thug will be missed in the least. At least not by anyone imporant like the police or the media....
 

toohighmf

Well-known member
Veteran
Since when has there been a distinction between breeders and capitalists? I mean you can pursue bomb ass genetics on your own yes but do you think JW or Sensi or Rez don't make money off of their seeds? Of course they do. How am I the one that has the rose colored glasses? You are the one claiming that breeders who are selling their seeds are not capitalists. Who is the one with their head in the idealistic clouds?

I think us caregivers are all capitalists. I don't recall a single grower giving 100% of their goods to med patients. I have givin away some to my mom who suffers from MS and a couple of my families friends with cancer, but I grow to make money. Most of us that grow more than 6 plants do it for financial gain. What exactly is the problem with that? Wait til you get a hold of my new genetics! I'm trying to capitalize on every bit of my plants. Buds, seed, edibles, concentrates, scents, etc. Why let any of it go to waste?
 

Vespatian

Member
I visited somewhere around 15 dispensaries last week that I had never been to. Probably 10 of those were still having new patients designate them as their Primary Caregiver. Why oh why would they still be doing that with so much legal precedent establishing that as illegal? Those people are just sitting ducks, asking for trouble.

On the other hand, many are now operating as collectives and co-ops, where they only buy from and sell to people who are members of their collective or co-op. The so-called "closed circle". In those cases, the DA will have to prove violations of the non-profit requirement, which requires an audit of financial records, which doesn't really lend itself to the smash-and-grab tactics currently in favor.

The caregiver guys are sitting ducks, so I assume they will be the low hanging fruit picked first. After that, it could be very tough sledding for the DA.
 

zenoonez

Active member
Veteran
I think us caregivers are all capitalists. I don't recall a single grower giving 100% of their goods to med patients. I have givin away some to my mom who suffers from MS and a couple of my families friends with cancer, but I grow to make money. Most of us that grow more than 6 plants do it for financial gain. What exactly is the problem with that? Wait til you get a hold of my new genetics! I'm trying to capitalize on every bit of my plants. Buds, seed, edibles, concentrates, scents, etc. Why let any of it go to waste?

This is exactly my point. The reason I was thinking about moving out there is because I know I have the determination and patience to produce good meds and good meds = good money. I couldn't think of a much better job to be honest.
 

pugnacious

Active member
Thats scandelous. Its like being jacked or scammed. But it being from a county/city. You know how much fucking money LA gets from taxes from MMJ? Why not go after the ones that arent paying LAs extortion fees.

Theres gotta be a way to weed out the shady dispensaries and keep the ones that have all there paperwork in check
 

habeeb

follow your heart
ICMag Donor
Veteran
hell whatever happens, there just buying time as they know times are changing, if they like it or not, they cannot run forever and some time the "new generation" will be replacing these fools.

don't give up guys
 

zenoonez

Active member
Veteran
Thats scandelous. Its like being jacked or scammed. But it being from a county/city. You know how much fucking money LA gets from taxes from MMJ? Why not go after the ones that arent paying LAs extortion fees.

Theres gotta be a way to weed out the shady dispensaries and keep the ones that have all there paperwork in check

If I were operating one I would be relocating to a location right on the border so that I was in a different county. Set up shop there and put a sign in the window of my old location directing patients to my new location.
 

NorCalFor20

Smokes, lets go
Veteran
norcal20 arent you the guy who got jacked a few times and hid his plants on a roof?

I got jacked once yes, but that was on the east coast, where marijuana is illegal and the people that robbed me I called the Sheriff (my grandpa) and they got raided caught with 3lbs of pot (still serving 7 years for drug possession,with intent to distribute and armed robbery) so that wasn't a very good idea was it? I live in california now by the time the get out of jail ill be retired

:laughing:

Oh yeah i grew plants on my roof too, was good times... good times...

im now the proud owner of an m17 police issue tazer (complete with 20 foot range and hooks) a mossberg 500 shotgun and a glock 36
 

Pythagllio

Patient Grower
Veteran
I get to see Dennis Peron tomorrow, and if I can button hole him I'm going to ask him face to face, once and for all what the god damn 'intent' of Prop 215 was when they wrote it. So Dennis, did you mean for all medical cannabis distribution to be done for 'free'?

It's been a long time since I've seen the White House, or been to an actual rally.
 

Baddog40

Member
Oh, guess I forgot, Obama said they wouldn't fuck w/ anyone following the law, so I guess if 100s of collective grow ops pop up then they will be just fine LMFAO!


Not sure if you know but Obama is not in charge of the LA County DA office. If you like I can educate you on the difference between local, city, state and federal govt.
 

PharmaCan

Active member
Veteran
Not sure if you know but Obama is not in charge of the LA County DA office. If you like I can educate you on the difference between local, city, state and federal govt.

Maybe you should learn to read before you go around thinking you can educate someone else. That quip was in reference to his previous post, which questioned what the DEA (federal agency) might do about legal co-ops with excessive plant limits.

It's better to remain silent and be thought a fool than to open your mouth and remove all doubt.

PC
 

PharmaCan

Active member
Veteran
I've always thought that it is better to light a candle than to curse the darkness. With that in mind, I just sent the following letter to the Los Angeles County Board of Supervisors.
With all the bravado of a true drug warrior, District Attorney Steve Cooley announced today that he is embarking on a campaign to shut down all medical marijuana dispensaries in L.A. County, declaring that ALL of them are operating illegally. Before Mr. Cooley is allowed to embark on his personal, and no doubt costly, crusade against medical marijuana, one has to question, to what end? Do any of the Supervisors truly believe that medical marijuana is just going to go away? Does the County of Los Angeles have nothing better to do with the tens of millions of dollars that Mr. Cooleys crusade is going to cost county taxpayers?

For every dispensary that Mr. Cooley closes down, another one (that does comply with the letter of state law) will open up. Doesn't it make more sense to work with the dispensaries to bring them into compliance with state law than to persecute under the auspices of a War on Drugs that has been a proven failure for over 30 years now? There is absolutely nothing that you, or Mr. Cooley or anyone else in government can do that will eradicate marijuana use from our society. Medical Marijuana patients and their suppliers want to be good neighbors and productive members of society. To that end, I encourage you to rein in Mr. Cooley and work towards a solution to this problem rather than exacerbate it.

Here's an email address for the BOS:

[email protected]

If the BOS started getting some well-thought-out letters about the foolishness of Mr. Cooley's crusade, maybe, just maybe, they will try to discourage him from what is about to do. It sure won't hurt to try!

PC
 
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Sir_Nugget

has any1 actually heard of any other clubs getting shut down besides organica in LA? i heard kush korner was shut down.. the guy from kush korner sia d that the cops told him they were going to shut all the pot shops doiwn..
 

toohighmf

Well-known member
Veteran
Almost 10 that I know of have been shut down, and some employees and owners have HUGE bail..
 
C

Cinderella99

When Jerry Brown (well known for thinking ahead) laid the groundwork by establishing no-profit rules last year, this should have been the expected outcome.

My bet is the future consists of many small to midsize co-ops--no more dazzly storefronts with neon flashing pot leaves...
 
I

IE2KS_KUSH

Not sure if you know but Obama is not in charge of the LA County DA office. If you like I can educate you on the difference between local, city, state and federal govt.


Hey smart guy, you need to read ALL OF MY POSTS, YOU KNOW THE ONE RIGHT ABOVE THAT ONE!

Then maybe you could put 2 or more thoughts together at once, if the local LEO/ gov decides to push people into operating as "grow collectives" this will mean that they will be GROWING PLANTS, LOTS OF PLANTS, (well lots as far as the DEA is concerned.)
At which point, the collectives/coops will not be bothered by the locals, but at which point the FEDERAL GOV. will take notice and they will likely be even bigger targets than dispensaries already have. Hence me saying it seems like they know exactly what they are doing, they are baiting and setting a trap for all who want to go into it.
Hence the comment about the CHIEF LAW ENFORCEMENT OFFICER OF THE LAND, YOU KNOW THE GUY THAT THEY CALL OBAMA, THEY GUY IN CHARGE OF FEDERAL LAW ENFORCEMENT AS WELL AS HIS CRONIE HOLDER.

Maybe you should educate yourself.
Is your name Richard?
Dick:wallbash:
 
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