cannabisnews.com: Feds Target S.B. Medical Marijuana Shops





Feds Target S.B. Medical Marijuana Shops
Posted by CN Staff on September 27, 2007 at 11:21:40 PT
Editorial
Source: Santa Barbara Independent
Santa Barbara, CA -- After enjoying years of relatively hassle-free business, Santa Barbara’s medical marijuana scene is feeling the heat this week, with a distinctly ganja-scented cloud of uncertainty hanging over its future in the wake of a federal Drug Enforcement Administration (DEA) letter-writing campaign.In recent days, more than a dozen local property owners have received word from the DEA that they could face the potential seizure of their property and assets if they continue to rent space to cannabis companies — a threat that has dispensary operators and building owners alike waiting to exhale.
Feeling the fallout from the letters, at least two of the City of Santa Barbara’s 10 dispensaries are facing eviction notices, while many others are working overtime with their landlords to prevent a similar fate from befalling their storefronts. “Make no mistake about it: The DEA has officially come to Santa Barbara,” said Jennifer Nelson, the head of Santa Barbara’s chapter of Americans for Safe Access (ASA), a national nonprofit dedicated to protecting the rights of medical marijuana patients.Though no actual litigation has yet resulted, the DEA has in the past month sent out at least 150 similar letters to property owners throughout the state — the bulk of them to addresses in Southern California, said Kris Hermes, an ASA spokesperson. “Basically, for no more than the cost of postage, [the DEA] gets to shut down as many dispensaries as possible,” Hermes said. In his estimation, the letters are “no more than scare tactics,” given the fact that in the 11 years since Proposition 215 was implemented in California, the federal government has been successful only twice in seizing a building or house related to a medical marijuana dispensary raid. That being said, Hermes admits the letter campaign is a huge setback for dispensaries, as it works to scare away both current and potential landlords. “Without a doubt, this makes it more difficult to operate facilities in Santa Barbara and throughout California, for that matter.”An informal survey of Santa Barbara’s 10 dispensaries on Tuesday morning showed business as usual for club owners and employees, though all universally expressed a certain degree of worry about eviction or — even worse — a federal raid. “If nothing else, this is a reality check for us,” said one of Santa Barbara’s longtime operators. “It is a reminder of the serious risks we and our landlords take … Let’s just hope it isn’t a sign of things to come.” Another club owner, who had already been told he was going to be evicted in coming weeks, commented, “As a businessman, I can’t say I blame them. Unfortunately, this makes it up to the landlords from now on and whether they personally want to take a stand or not.” (Both dispensary operators asked that their names not be used.)Adding a serious wrinkle to the DEA development, the Santa Barbara City Council voted unanimously this week to place a moratorium on medical cannabis clubs within city limits. Retroactive to August 14, the decision — which was supported by a coalition of club owners — was meant to stop the perceived proliferation of dispensaries pending the development of a set of universal rules and regulations governing everything from zoning to hours of operation for the clubs. While an unknown number of businesses are grandfathered in under this legislation and therefore exempt from the moratorium, it remains to be seen whether clubs evicted in the coming weeks will lose their grandfathered status, given that their current business licenses are based upon addresses that might become inaccurate if their businesses were to be evicted.Source: Santa Barbara Independent, The (CA)Published: Thursday, September 27, 2007Copyright: 2007 The Santa Barbara Independent, Inc.Contact: letters independent.comWebsite: http://www.independent.comCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml 
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Comment #15 posted by potpal on September 28, 2007 at 05:57:30 PT
power of 10
Couple fun thangs...was wondering about the first, having seen the promo but never the showmo...
http://www.youtube.com/watch?v=Mcwd91ykMKk&NR=1 And be the first on your block to have one...
http://www.youtube.com/watch?v=IUy6f6LVlBA Aloha!
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Comment #14 posted by whig on September 27, 2007 at 22:36:53 PT
FoM
You recorded deeds with your county, I assume, and you pay taxes on your land I know. I don't know Ohio property law and every state is somewhat different but you would have something probably called a deed in fee simple, and it's a kind of feudal title, not a contract.http://en.wikipedia.org/wiki/Fee_simple
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Comment #13 posted by FoM on September 27, 2007 at 19:41:17 PT
whig
I am not sure what a land tenure is but we have deeds for each 5 acre tract. There is a lot to buying land but it isn't hard to do or at least it wasn't for us. One thing I remember is we did a title search to make sure there wasn't any leans on the land. It's hard to believe that we only paid $3,900 for 5 acres. Now they sell for $25,000. 
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Comment #12 posted by whig on September 27, 2007 at 19:30:50 PT
Squatters rights
This is another basis of land tenure, but also not based on contract.
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Comment #11 posted by whig on September 27, 2007 at 19:27:40 PT
Land tenure
All land titles are registered, according to regulations, and transferred upon payment of fees and pursuant to law.
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Comment #10 posted by whig on September 27, 2007 at 18:41:41 PT
OverwhelmSam
Land tenure is not a subject of free contract and never was in history.
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Comment #9 posted by OverwhelmSam on September 27, 2007 at 18:14:53 PT
whig
You're right. Americans no longer have a constitutional right to contract. We have become slaves to the government. Well at least the tenants can sue the owners for breaking their lease.A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. Contract law is based on the Latin phrase pacta sunt servanda (pacts must be kept).[1] Breach of contract is recognised by the law and remedies can be provided. Almost everyone makes contracts every day. Sometimes written contracts are required, e.g., when buying a house.[2] However the vast majority of contracts can be and are made orally, like buying a law text book, or a coffee at a shop. Contract law can be classified, as is habitual in civil law systems, as part of a general law of obligations (along with tort, unjust enrichment or restitution).
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Comment #8 posted by FoM on September 27, 2007 at 17:17:58 PT
Whig
Very good. It reminds me of seeing and interview with Dave Matthews and he said some people say there is us and them. He said there is only us. 
Dave Matthews Band
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Comment #7 posted by whig on September 27, 2007 at 16:50:24 PT
Quote
"We’ve lived by the assumption that what was good for us would be good for the world. We’ve been wrong. We must change our lives so that it will be possible to live by the contrary assumption that what is good for the world will be good for us. That requires that we make the effort to know the world and learn what is good for it. We must learn to cooperate in its processes and to yield to its limits. But even more important, we must learn to acknowledge that the creation is full of mystery. We will never clearly understand it. We must abandon arrogance and stand in awe. We must recover the sense of the majesty of the creation and the ability to be worshipful in its presence. For it is only on the condition of humility and reverence before the world that our species will be able to remain in it." -- Wendell Berry
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Comment #6 posted by whig on September 27, 2007 at 16:42:22 PT
OverwhelmSam
"A property owner has a constitutional right to contract with a tenant without interference from government."How do you figure?
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Comment #5 posted by OverwhelmSam on September 27, 2007 at 16:33:20 PT
I Predict A Federal Case
Now the DEA is interfering with our constitutional right to contract. A property owner has a constitutional right to contract with a tenant without interference from government. 
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Comment #4 posted by whig on September 27, 2007 at 15:10:07 PT
Runruff
I hope to read your books sometime. Somehow I pictured you as a teacher while you were in.
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Comment #3 posted by FoM on September 27, 2007 at 15:09:12 PT
Runruff
You're welcome and I can't wait for you to get home. You have been thru so much and I'm glad you are doing ok. When you are at liberty to talk freely we want to hear what you have to say but I don't want you to get in trouble. Be careful. It's gotten worse out here.
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Comment #2 posted by Runruff on September 27, 2007 at 14:39:56 PT:
Hi FoM.
I just wanted to take a minute to say a special thank you to you and yours for keeping up the good cause. Thank you also for all the help you have been to me and Linda. It was great to hear from you when I was on my federal all expense paid vacation. I want you, in fact I want everyone, to know I made the best of the situation. I was the official yoga teacher in the BoP. I walked everyday. I ate right and completely rehabed my heart. I am in great health, so says my doctor. I wrote three books while in there. The titles are "Moon Flower and the Rainbow" "The Tattoo Zoo", life inside the BoP, and "The Runruff Chronicles" an autobiography about growing up on the Trinity River with my In'den friends. When I get home 10-10-07 Linda and I will begin the process of getting them published. I am proud of my work. I am proud of the fact that I refused to let this fascist government rob me of this precious time. I did the best I could to make lemon-aide out of lemons. So there!
Im in the library downtown sneaking time on the internet. I'll go now and check in in before I am missed.
Peace.
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Comment #1 posted by FoM on September 27, 2007 at 12:00:14 PT
Oakland Company Raided 
Oakland Company Raided for Allegedly Selling Pot-Laced FoodsBy Leslie Griffy, Mercury NewsSeptember 27, 2007Federal drug agents busted an Oakland company that allegedly distributed pot-laced treats to medical marijuana clubs across the state, officials said today.http://www.mercurynews.com/alamedacounty/ci_7016623
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