cooperatives

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California: Perris City Council Approves Improper Raids of Medical Marijuana Coops

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Perris Code Enforcement on Wednesday, Oct. 7, served a municipal code abatement warrant using what can only be described as a small army of armed Riverside Sherriff deputies to affect the improper forced eviction of eight to nine medical marijuana cooperatives.

"A municipal code is different than a penal code, with municipal codes locally governing anything from business zoning to lawn abatements," said former Marine infantry sergeant and Perris-based attorney at law Joshua Naggar. "While Perris has a municipal code prohibiting medical cannabis cooperatives, it does not have any summary abatement codes on its books for dispensaries; therefore Perris City had no legal authority to use police force to summarily evict medical marijuana cooperatives without due process of law (no hearing, no due process, just police using force to remove citizens from their land)."

"The due process owed to a lawful business is one of civil law and civil process, and violations of local municipal codes are remedied through due process of law; which may include summary abatement if such a code exists on the books, but in this case it does not," Naggar said. "Therefore, facts indicate the City of Perris, under color of law, and supported by Riverside Sheriffs’ deputies, executed a summary abatement/forced eviction without due process of law.

Washington: Legislature OKs Gutting Medical Marijuana Program Under Legalization

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By Steve Elliott
Hemp News

The Washington Legislature on Tuesday approved a bill essentially gutting the state's medical marijuana program, sending to the desk of Governor Jay Inslee a bill that eliminates medicinal cannabis dispensaries now that the state's recreational market is nominally in place.

The Senate concurred with changes made to the bill in the House last week, then voted 41-8 to send it on to the Governor for his expected signature, reports Beth Nakamura at The Oregonian.

Republican Senator Ann Rivers of La Center claimed the state could "no longer wait" to "reconcile" the medical and recreational markets, effectively forcing patients to pay the much higher prices in recreational pot stores, where employees are forbidden to even mention the medicinal applications of cannabis.

"The reality is that we have a thriving illicit market," Rivers said, ignoring the fact that medical marijuana collectives have been legal in the state since 1998. "It's essential that we shut that down.

"But it was also essential that our patients had a clean supply and an adequate supply," Rivers said, in a statement that is dripping with irony given the fact that her bill does neither.

California: L.A. Voters Vote To Cap Number of Marijuana Dispensaries

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By Steve Elliott
Hemp News

The citizens of Los Angeles on Tuesday voted to regulate medical marijuana by passing Proposition D, one of three medical marijuana regulation measures on the ballot. The Proposition received 62.57 percent of the vote.

Proposition D caps the number of collectives at those who opened prior to 2007, about 130, raises the gross receipts tax from $50 to $60 per $1000 of gross receipts, and establishes the distances they must keep from schools, parks, one another and residential neighborhoods. It also requires that collectives be closed between 8 p.m. and 10 a.m., prohibits the consumption of marijuana on the premises and requires background checks on managers.

Unfortunately, the Proposition also does not allow for a new collective to receive a permit if one of the pre-2007 collectives closes.

Proposition D was supported by several members of the City Council, the Greater Los Angeles Collective Association (GLACA), the United Food and Commercial Workers Union (UFCW), both Los Angeles mayoral candidates and the current city attorney and his challenger. Under the Proposition, organizations consisting of four or more people who cultivate, process, distribute or give away medical marijuana must obtain a license from the city.

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