Browsing: Dispensaries

Medical Marijuana Legal Blog

Fourth District Court of Appeal rejects requirement that all collective members must be actively involved in cultivation
The Fourth District Court of Appeal for California on Wednesday issued a unanimous published ruling in a landmark medical marijuana case that reverses the conviction of a San Diego dispensary operator, Jovan Jackson, convicted in September 2010 after being denied a defense in state court. Wednesday’s historic ruling also reversed the lower court’s finding that Jackson was not entitled to a defense, providing the elements for such a defense in future jury trials.
“This landmark decision not only recognizes the right of  dispensaries to exist and provide medical marijuana to their patient members, it also grants a defense for those providers in state court,” said Joe Elford, chief counsel with Americans for Safe Access (ASA), a medical marijuana advocacy group. Elford also argued Jackson’s appeal before the court.

KUAR.org
Rep. Kathy Webb of Little Rock has said she’s voting for the Arkansas Medical Marijuana Act

Democratic Rep. Kathy Webb of Little Rock cast her ballot on Monday, the first day of early voting in Arkansas. According to The Associated Press, Webb reported that she voted “Yes” on the Arkansas Medical Marijuana Act.
On the first day of early voting, Webb cast her ballot for the proposal that, if approved, would make Arkansas the first Southern state to legalize cannabis for medicinal purposes.
Webb, the only openly homosexual elected official in Arkansas, said she didn’t plan on actively campaigning for the measure. She is term-limited and not running for reelection, but said she would have voted for medical marijuana even if she was running for office.
The proposal, Issue 5, would allow patients with certain qualifying conditions to buy marijuana from nonprofit dispensaries with a doctor’s authorization.

Green Medical Group

By Edward Nguyen

If you are a healthcare provider or patient, you have heard about HIPAA, the Health Insurance Portability and Accountability Act. Did you also know that computer systems (such as verification systems used to verify medical cannabis patients) that store patient information are also subject to HIPAA security regulations?
Patient verification systems are a cornerstone of the medical cannabis healthcare movement. Like other patient databases, they may store sensitive patient data, such as medical record numbers, patient addresses, patient contact details, diagnoses codes and driver’s license numbers.

MedMen

As questions and uncertainty continue to engulf the medical marijuana industry in America, one Los Angeles group is encouraging dispensary operators to take their lead in creating an efficient, methodological approach to dispensary management and employee training that will help bridge the gap between dispensary operators, patients and government officials.
 
Los Angeles-based MedMen, a full service consulting and marketing group specific to the medical marijuana industry, believes that many of the problems that currently plague the industry are the result of a lack of predetermined guidelines for dispensary and employee regulation and management.

Opposing Views

The federal Drug Enforcement Administration sent three more letters to Seattle-area medical marijuana dispensaries last week, agency spokesperson Jodie Underwood has confirmed. The letters “strongly advised” the dispensaries to pay “prompt attention” that they are in violation of federal law, and directed them to close down with 30 days.

That brings the total to 29 Washington dispensaries which have received threatening letters so far from the feds, reports Nina Shapiro at Seattle Weekly. This includes 23 facilities which got letters sent on August 18, three more sent out on August 30, and three last week, according to Dr. Decrim of WA CANN, the Washington Cannabis Alert and News Network.

The Med Men

The battle over the legality of operating a medical marijuana dispensary in Los Angeles continues to escalate this week, leaving shop owners, patients and law enforcement officials without a clear picture of how to operate on the right side of the law.
 
In recent weeks, federal officials have perpetuated the confusion surrounding the medical marijuana industry in Los Angeles, issuing warning letters demanding that select dispensaries shutdown. This comes on the heels of the withdrawal of a citywide ban on dispensaries, which was passed and didn’t even get a chance to go into effect before being rescinded.
 
“The bottom line is that the state of California provides for the existence of collectives and dispensaries,” said Adam Bierman of MedMen, an L.A.-based consulting group that specializes in industry-specific branding, marketing and legal and financial consulting. “And as all the politics play themselves out in the media, well-intentioned operators are inevitably distracted.”

House of 420

Oakland Lawsuit in U.S. District Court to Stop Seizure of Property of Oakland Dispensary
Oakland City Attorney Barbara Parker and San Francisco law firm Morrison & Foerster have announced that the City of Oakland filed a complaint Wednesday in United States District Court to stop the federal government from seizing an Oakland building used by a medical marijuana dispensary.
“This is a great day for medical marijuana patients and for the residents of Oakland,” said Steph Sherer, executive director of Americans for Safe Access, a medical marijuana patients’ advocacy organization. “City Attorney Parker is ray of sunshine for all patients who have been watching the federal government jeopardize their access to medical marijuana.”

K.C. Alfred/Sign On San Diego
Jovan Jackson, manager of a now-defunct medical marijuana dispensary in Kearny Mesa, is accused of illegally selling cannabis

Advocates fight to overturn a wrongful conviction and preserve the right to a medical marijuana defense
Appellate court oral arguments are set to occur Thursday in a widely watched medical marijuana dispensary case that raises the question of what defines a legitimate dispensary. Nearly a year ago, medical marijuana patient advocacy group Americans for Safe Access (ASA) appealed the September 2010 conviction of San Diego dispensary operator Jovan Jackson.

Jennifer Cappuccio Maher/San Bernardino Sun
Aaron Sandusky, president, G3 Holistic: “I had four patients in there and they were all handcuffed and interviewed”
 

Justice Department denies defendant ability to show evidence of state law compliance at trial; Sandusky could face life in prison
The operator of three state-compliant medical marijuana dispensaries will be tried in federal court this week in Los Angeles. Aaron Sandusky, 42, who operated facilities in Upland, Colton and Moreno Valley, was raided by federal Drug Enforcement Administration (DEA) agents last November and was charged with six felonies, including manufacturing marijuana, possession with intent to distribute, and conspiracy.
Five others were similarly charged in the raid, but they have since accepted plea deals and may be called to testify against Sandusky. If convicted on all counts, Sandusky could face life in prison. Jury selection begins at 8:30 a.m. on Tuesday in a trial that is expected to last all week.
“This trial is nothing more than a cynical attempt by the federal government to intimidate dispensary operators in Los Angeles and undermine the implementation of California’s medical marijuana law,” said Kris Hermes, spokesperson for the medical marijuana advocacy group Americans for Safe Access (ASA). “The Justice Department holds all the cards in federal court and uses that leverage to terrorize the medical marijuana community.”

Smokenhagen Coffeeshop/Facebook

Scandinavia may never be the same. Police in Copenhagen on Friday shut down Denmark’s first cannabis “coffeeshop” cafe. At Smokenhagen, customers could buy marijuana over the counter, get a receipt, and smoke it openly right there in the cafe.
During the raid, the police confiscated all the cannabis, but the shop is expected to reopen again soon, reports Danish website jv.dk
Smokenhagen Coffeeshop openly sells cannabis following the Dutch model.
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