After a statement from Attorney General Eric Holder associated with medical marijuana get in the view, many people on the Central Coast speaks out. Thirteen states including California are permitting sale, use, and cultivation of medical marijuana although the federal law says it is illegal.

During the campaign of President Obama, he claimed that raids on medical marijuana clinics and dispensaries will be stopped. Holder indicated in his statement that the stance of Obama on the issue is now an American policy (posted at www.msnbc.msn.com/id/29430723/ - 44k, Feb 28, 2009 01:14 AM)

Some people say that Obama’s stance is in the right direction for sick people dependent on medical marijuana. On the other hand, some also say that the statement does not necessarily mean anything and that marijuana, whether used as medicine is still illegal and is going to stay that way.

As Holder was asked if the raids on medical marijuana clinics and dispensaries will continue and replied “No,” the issue on medical marijuana once again aroused both advocates and critics.

Charles Lynch, a former medical marijuana clinic or dispensary clinic said that medical marijuana is good for California as well as for the other 12 states that have their own medical marijuana laws.

In 2007, the Drug Enforcement Agency (DEA) raided and shut down Lynch’s Morro Bay medical marijuana clinic or dispensary. As such, the news of stopping the raids is bittersweet for him. Under the federal law, Lynch was convicted for his distribution of drugs, facing a minimum of five years imprisonment. In spite his situation, Lynch stated that the closure of his medical marijuana clinic and dispensary is a loss to his community. He claimed that his medical marijuana clinic or dispensary helps people in relieving their pain and other illnesses.

On the other hand, many also claim that the stance of Obama on legal medical marijuana clinics and dispensaries would not change the way the law is enforced. They say that Obama’s stance does not bring new information and that Holder’s statement is simply associated with legal medical marijuana and not on illegal marijuana distribution from drug cartels that are disguising as medical marijuana clinics and dispensaries. More so, they think that the closure of Lynch’s medical marijuana clinic or dispensary is due to underage patients and phony prescriptions.

In fact, Lynch admitted that one of his staff was arrested after selling the drugs off-site; however, he claimed that the sales was not on his watch.

The debate on medical marijuana use continues with the same issue.

The DEA was able to raid several medical marijuana clinics and dispensaries in Los Angeles in spite the position of President Obama on the issue. On the other hand, Charles Lynch will be convicted in a Los Angeles court and says he will appeal his case or ask for pardon from the president if sentenced to imprisonment.

In Palm Springs, officials are set to take another step toward permitting two medical marijuana clinics and dispensaries and closing down other medical marijuana clinics and dispensaries that have been operating illegitimately for more than 2 years. However, city officials also said that the closure on illegal medical marijuana clinics or dispensaries will not be their main intention but decreasing or eliminating the access of patients who obtain medical marijuana from them.

The medical marijuana ordinance of Palm Springs will proceed to its second reading and vote at the meeting of the City Council (posted at http://www.mydesert.com/article/20090302/NEWS01/90302024/-1/rss, March 9, 2009). Under the ordinance, only two medical marijuana clinics or dispensaries will be allowed to operate in the city with limitations from areas situated for industrial and commercial use. The medical marijuana clinics or dispensaries would also have to be established as non-profit cooperatives as prescribed in the state guidelines.

On February 18, the City Council has voted 3-1 in favor of approving the law on its first reading. In the event that the law makes it to its second reading, it will take effect in 30 days.

Simultaneously, City Council Attorney Doug Holland is prepared to file civil suits directed in stopping illegal medical marijuana clinics and dispensaries from distributing or selling medical marijuana. According to Holland, papers will be filed against two of Palm Spring’s illegal medical marijuana clinics and dispensaries although he did not identify which two of the considered six medical marijuana clinics and dispensaries illegally operating in the city.

In his interview, Holland said “I’m going to go through civil processes that will order them to cease dispensing marijuana. I expect the ordinance will be in effect before the court will issue an order. I’m not going in to shut anyone down tomorrow.” (posted at http://www.mydesert.com/article/20090302/NEWS01/90302024/-1/rss, March 9, 2009)

In the event that the law takes effect, medical marijuana clinics or dispensaries will have to submit applications for one of two city permits within a 90-day period. Consequently, the City Council will still have a final approval on handing down the permits.

In light of extinguishing the establishment of medical marijuana clinics and dispensaries in their town, the Yucca Valley Planning Commission voted 4-0-1 (posted at http://hidesertstar.com/articles/2009/03/10/news/doc49b2243324b27054171480.txt, March 7, 2009, 1:58 AM CST) favoring the snuffing of medical marijuana clinics and dispensaries. The Town Council will be responsible for the final decision after an amendment to Yucca Valley code disallowing the establishment of medical marijuana clinics and dispensaries has been submitted.

Yucca Valley is under a prohibition against the establishment of medical marijuana clinics and dispensaries approved by the Town Council, allowing officials and staff to decide whether to permit businesses in all town borders.

On the other hand, the prohibition has allowed a single medical marijuana clinic or dispensary, California Alternative Medicinal Solutions (CAMS) to pursue its operations since it opened prior to the prohibition taking place. More so, CAMS has been complying with the existing regulations at the time.

Under the California law, the location of the medical marijuana clinic, which is next to Desert Ballet Studio and Yucca Valley Karate, is legal. Deputy Town Manager Shane Stueckle claimed that the clients of such studios are mainly children; thus, they do not consider businesses as youth centers or playgrounds.

The commissioners conducted a meeting for public comment after they have asked Stueckle a few questions on medical marijuana clinics and dispensaries. Majority of the speakers were in favor of medical marijuana clinics and dispensaries, seeing the need for more regulation; while only one opposed to medical marijuana clinics and dispensaries and medical marijuana per se.

Commissioner Margo Sturges stood up to her position opposing medical marijuana clinics and dispensaries as she put it as a “question of compassion.” She claimed that medical marijuana may be beneficial in some cases; however, Yucca Valley is definitely not an area for such medical marijuana clinics and dispensaries. More so, Margo Sturges claimed that Yucca Valley is not apt to handle medical marijuana clinics and dispensaries legally.

Sturges expressed her opinion that patients can get marijuana from medical marijuana clinics and dispensaries in Palm Springs and guaranteed patients to secure transportation to get to Palm Springs. Consequently, the Palm Springs City Council has decided on allowing two medical marijuana clinics and dispensaries.

One of the commissioners who voted in favor of medical marijuana clinics and dispensaries said that the issue was difficult to resolve. Vice Chairman Shannon Goodpaster said that she received substantial feedbacks on using marijuana for medical purposes. However, she also admitted that medical marijuana clinics and dispensaries might not be suitable in Yucca Valley as the area is not favorable for CAMS at the time.

Another commissioner, Dawn Rowe expressed her opinion that if one can grow his or her own, Yucca Valley would not need medical marijuana clinics and dispensaries.

In Los Angeles, prosecutors received a confidential memo from the U.S. attorney last week (posted at http://www.latimes.com/features/health/medicine/la-me-medpot7-2009mar07,0,3279260.story, March 7, 2009) with an order to cease filing charges against medical marijuana clinics and dispensaries then lifted the ban abruptly on Friday. The U.S. Attorney, Thomas O’Brien did not comment on why he lifted the ban. His decision to lift the ban temporarily came two days following the announcement of Attorney General Eric Holder that medical marijuana prosecutions would not be as significant as before under the governance of President Obama.

The attorney general said that he did not address O’Brien or any U.S. attorney to lift the ban related to prosecution of marijuana cases. Christine Ewell, head of the United States Attorney’s Criminal Division, delivered the initial order of O’Brien through a confidential memo and was distributed through electronic mail on February 27.

More so, prosecutors were also directed to withhold the issuance of subpoenas or application of search warrants in unresolved cases. Ewell also sent out another electronic mail directing prosecutors on not disclosing the contents of the first memo with anyone outside the attorney’s office. The second electronic mail was sent a few hours after the first memo has been sent out. Friday of that week, another e-mail was sent out directing the prosecutors to continue working on medical marijuana cases.

In this light, owners and operators of medical marijuana clinics and dispensaries in California and others who claimed they were operating under state law have been raided. These raids have become controversial specifically with advocates and patients of the medical marijuana clinics and dispensaries as they complained that medical marijuana clinics and dispensaries operators supported by their communities were targeted unjustly.

O’Brien’s spokesperson, Thom Mrozek, said that prosecutors focus on people and medical marijuana clinics and dispensaries considered as unmistakable offenders including proprietors with past drug cases and those accused of selling drugs.

Last summer, a trial on a high profile case was conducted in the U.S. District Court in Los Angeles. Charles Lynch, who apparently sought and obtained permit from elected officials in Morro Bay prior to opening his medical marijuana clinic or dispensary in 2006 was charged with the distribution of over 100 kilos of marijuana. Prosecutors claimed that Lynch was a common drug dealer, selling marijuana to young people and carried a back pack full of cash.

On the other hand, the lawyers of Lynch hoped to establish a defense in accordance to an assertion that he provides legitimate service through his medical marijuana clinic or dispensary to severely ill people as well as cancer patients. However, Lynch and his lawyers were limited to establishing such defense as the U.S. Supreme Court already concluded that federal law supersedes state laws; thus, as to why drugs are being sold is completely irrelevant.

At a press conference held on February 25 succeeding arrests of over 50 alleged members of Sinaloa drug cartel, Holder was asked as to whether the DEA would continue conducting raids on medical marijuana clinics and dispensaries under the administration of Obama. Holder was unable to reply to the question directly although he hinted that whatever the President mentioned during his campaign is now an American policy.

State health officials have proposed new regulations last month in their response to the growing medical marijuana community in Colorado as well as reports of abuse in the unregulated marijuana industry. These new regulations can put a tight grip on the local medical marijuana business as it indicates that medical marijuana caregivers have a limit of five patients as maximum. This constraint would not allow the growing number of medical marijuana clinics and dispensaries in the state.

State registrar of vital statistics, Ron Hyman, expected the March 18 Colorado Board of Health hearing on the regulations to be productive (posted at http://blogs.westword.com/latestword/2009/03/medical_marijuana_hearing_gets.php, Friday, Mar. 13 2009, 7:58AM). However, he did not expect the consequent hostile responses of those believing the state was trying to deprive them of their voter-sanctioned marijuana. Owners of medical marijuana clinics and dispensaries also claimed that the state has been depriving them of their voter-sanctioned livelihood. Officials have decided to delay the hearing after being swamped a logistical meeting by people on the matter. According to these officials, the delay would give them time to find a larger meeting room to accommodate people. Hyman claims the hearing will be delayed until June of this year.

The announcement of the new attorney general Eric Holder regarding a stop of raiding medical marijuana clinics and dispensaries by the Justice Department has given hope to many medical marijuana advocates. More so, President Obama’s recent decision with respect to filling his drug czar position with the police chief in Seattle, Gil Kerlikowske uplifted the spirits of medical marijuana advocates as the medical marijuana and decriminalization laws in Seattle are the same with Denver.

Some other unnamed source claims that a businessman plans to open a medical marijuana clinic or dispensary in the neighborhood of highlands as other medical marijuana clinics and dispensaries start opening up like mushrooms on the Western slope. More so, it is anticipated that large-scale operations of medical marijuana clinics and dispensaries will roll into town although so far, medical marijuana clinics and dispensaries are mostly operating on a small-scale.

In spite plans on putting up medical marijuana clinics and dispensaries, many entrepreneurs believe that the medical marijuana condition in the state needs to use additional regulation. They believe that instead of proposing new rules, the state could utilize a task force that involves law enforcement patients, caregivers, health administrators, and advocates in considering new medical marijuana clinics and dispensaries regulations including location restrictions, quality control measures, advertising, and sales tax obligations.

Hyman expressed his opinion that he is not opposed to associating with a task force; however, it does not mean that the state is giving up on its proposed rules. Hyman said that once they know the location of the hearing and the exact date to conduct it, another notice will be sent out. Furthermore, Hyman said that they will be needing a room that will fit at least a hundred of people. Consequently, they are already looking for a place that can handle such crowd with handicapped access and parking. A possible venue for the hearing is the Red Rocks Amphitheatre.

In their response to SB 420, patient collectives were formed in communities across the state, operating privately but usually operate as “retail-style” medical marijuana clinics and dispensaries.

Members of the Los Angeles City Council Dennis Zine and Ed Reyes have submitted a motion in May 2005, which requests city staff to recommend actions for regulating medical marijuana clinics and dispensaries. Chief William Bratton of the Los Angeles Police Department (LAPD) issued a “Fact Sheet” in December 2006. This “Fact Sheet” identifies problems related with medical marijuana clinics and dispensaries in the city as well as specific recommendations to the City Council and the Board of Police Commissioners for a standstill on new medical marijuana clinics and dispensaries and a number of restrictions to be applied on existing and future medical marijuana clinics and dispensaries.

In other California cities and counties, ordinances in regulating medical marijuana clinics and dispensaries within their jurisdictions have been worked out. A national medical marijuana patients’ advocacy group known as the Americans for Safe Access conducted a survey in eight California municipalities in 2006. These municipalities had existing ordinances; thus, complaints on medical marijuana clinics and dispensaries and related public safety issues decreased after regulation.

Medical marijuana clinics and dispensaries serve a significant role in the city of Los Angeles as these provide reliable means for authorized patients in obtaining medical marijuana based on California law. Medical marijuana clinic and dispensary regulation also establishes a system for local government lapse on the cultivation and distribution of medical marijuana. Zoning decisions and conditional use allowing process presiding over the operation of the city’s medical marijuana clinics and dispensaries are the scope of the City Council. On the other hand, the state government is responsible for the many aspects of medical marijuana clinics and dispensaries regulation.

The Los Angeles Police Department (LAPD) have recently issued its recommendations to the City Council for a list of limitations and restrictions, which are supposed to be applied on all existing and future medical marijuana clinics and dispensaries in Los Angeles. The recommendations of the LAPD shall serve as a constructive reference point associated with some issues that the City Council face in light of its determination of applicable guidelines for the operation of medical marijuana clinics and dispensaries. In contrast, the recommendations do not indicate accurate and precise understanding of California laws on medical marijuana.

In order to clarify the role of the City Council in terms of medical marijuana clinics and dispensaries regulation, the following framework has been proposed. The framework also proposes goals for adopting a city ordinance ensuring the rights and needs of medical marijuana patients are met positively; medical marijuana clinics and dispensaries are compatible with surrounding land use; and operation of medical marijuana clinics and dispensaries does not establish conditions from criminal acts or any other threat or risk.

Charles Lynch, a former Morro Bay owner of a medical marijuana dispensary will be sentenced in the Los Angeles Federal Court House on March 23 for violating federal drug laws.  Lynch may face a minimum of 5 years in federal prison.

On August 5, 2008, Lynch was found guilty on five federal counts.  His charges include criminal conspiracy and possession with intent to distribute.  Lynch said that his case has destroyed his life after being seen for one week on the front page of the DEA Web site.  Lynch was a former medical marijuana patient who opened Central Coast Compassionate Caregivers to patients having doctor’s recommendations.

His controversial case brought to light varying federal laws and state laws in terms of using and selling marijuana.

Under California law, growing and distributing marijuana is legal in some cases.  Thus, California becomes one of 13 states, which allow legal medical marijuana practices.

The Compassionate Use Act of 1996 or the Proposition 215 permits patients having recommendations from doctors to grow and acquire marijuana only for medical purposes.  However, federal law claims it is illegal to acquire, distribute, or cultivate any kind of marijuana.

Federal authorities have been continuing their activities on shutting down medical marijuana clinics and dispensaries throughout California in spite existing state law.

In the Attorney General’s 2008 guidelines on using medical marijuana, the law does not recognize medical marijuana clinics and dispensaries; however, these medical marijuana clinics and dispensaries have been operating for years in California.  Only collectives and cooperatives are being recognized as group entities allowed for cultivation and distribution.  According to the guidelines, medical marijuana clinics and dispensaries that do not comply with the guidelines are probably operating beyond the protections of the Medical Marijuana Program and Proposition 215.  Thus, the individuals operating such medical marijuana clinics and dispensaries may be subject to criminal prosecution under the law of California.

Lynch wrote to the senators, representatives, and the governor after being disappointed with the lack of support from the state.  However, the responses given to him indicated that his case was a federal matter and nothing can be done to help him.

Janice Peters, Morro Bay Mayor and Rob Schultz, City Attorney testified at the trial. Peters claimed that medical marijuana clinics and dispensaries in their area are worthwhile as many used medical marijuana for glaucoma and even cancer symptoms.  On the other hand, Schultz claimed that the council had met all city requirements although the federal law said marijuana is still a controlled substance, which prompts them to arrest anybody with the said substance.  In addition, Schultz claimed that Lynch called the Drug Enforcement Agency (DEA) officials who apparently told him that legal enforcement for medical marijuana clinics and dispensaries was under the discretion of the county and city.  Consequently, Lynch was able to get the city’s permission prior to opening his dispensary.  In this light, Lynch believed that he was not violating any laws.

However, DEA officials and the country sheriff claimed that Lynch was a drug trafficker, selling marijuana to teenagers who carried backpacks full of cash.