Pot Shops Must Post $350,000 To Get Injunction
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Pot Shops Must Post $350,000 To Get Injunction
Posted by CN Staff on January 11, 2011 at 07:30:41 PT
By John Hoeffel, Los Angeles Times
Source: Los Angeles Times
California -- The Los Angeles medical marijuana dispensaries that won an injunction blocking enforcement of key parts of the city's pot ordinance must post a nearly $350,000 bond within 10 days for the court order to take effect, a judge ruled Monday.David Welch, an attorney who represents many dispensaries, said he was confident the bond would be posted. "It's a sizable bond, but it's not insurmountable," he said. "It's our intent to go forward." Almost 50 dispensaries and operators asked for the injunction, which Los Angeles County Superior Court Judge Anthony J. Mohr issued last month.
Mohr ruled that several parts of the law are unconstitutional, including the complex process the city intended to use to decide which dispensaries would be allowed.City lawyers are now working with the City Council to develop an alternative method for culling the number of dispensaries, but also plan to appeal Mohr's ruling.Lawyers for the dispensaries had urged the judge at a hearing Friday to set no bond, saying the city would not suffer any harm from the injunction. But the city's attorneys pressed for a $1-million bond, saying that closed pot stores are now returning to business and new ones are popping up."Dispensaries are opening with abandon," said Jane Usher, a special assistant city attorney. "I can tell you from the volume and intensity of the phone calls that we're receiving and e-mails from the neighborhoods that the court has far underestimated the damage."The judge set the bond at $348,102.30, based partly on the city's estimates of the cost of police investigations and attorneys' fees. He indicated that he would consider increasing the amount if the city can show that his injunction led to higher costs, or if more plaintiffs are added.Attorneys for the dispensaries differed over how easy it would be to come up with the bond money. They had pressed the judge Friday and in letters sent Monday to set separate bonds for each plaintiff, but Mohr sided with city attorneys and ordered a single bond.Stewart Richlin, who represents eight dispensaries, likened it to splitting up a bar tab. "It's going to be tricky, and it might be the death knell of the injunction as it is," he said. But he said that even without an injunction in place, the city would still be stuck with Mohr's conclusions. "They can enforce their unconstitutional ordinance, but what luck will they have in front of any judge doing so?" he asked.Source: Los Angeles Times (CA)Author: John Hoeffel, Los Angeles Times Published: January 11, 2011Copyright: 2011 Los Angeles TimesContact: letters latimes.comWebsite: Medical Marijuana Archives 
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Comment #6 posted by John Tyler on January 12, 2011 at 19:03:28 PT
costs too much
Even for Conservatives, Prohibition is turning into an expensive luxury item in state budgets. 
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Comment #5 posted by FoM on January 12, 2011 at 07:58:05 PT
From the link and the news article it seems he might be for harm reduction. I know that the Obama administration is working towards that too. The word legalization is what stops all politicians dead in their tracks.
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Comment #4 posted by The GCW on January 12, 2011 at 07:28:14 PT
As Kapt. says: they can't afford it.
Poor economy forces Georgia to rethink drug criminalization
..."Presently, one out of every 13 Georgia residents is under some form of correctional control," Gov. Nathan Deal, a Republican, told state lawmakers during his inaugural address. "It cost about $3 million per day to operate our Department of Corrections...." Cont.
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Comment #3 posted by The GCW on January 12, 2011 at 07:16:32 PT
Note:Mexican "drug" war: mostly war on cannab
Surprise - Drug War Now Killing More People Than War in AfghanistanBy Phillip Smith, AlterNet - Monday, January 10 2011
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Comment #2 posted by The GCW on January 12, 2011 at 06:21:37 PT
Could this effect the cannabis movement?
This could effect the cannabis movement; it may slow Us down a bit here and there but nothing will stop Us.FCC breaks Obama's promise on net neutralityBy Jason RosenbaumOn Dec. 21, the FCC passed new rules — written by corporations — that will end net neutrality. For the first time in history, the U.S. government approved corporate censorship of the Internet, putting the future of online free speech at risk. Unbelievably, the person leading the charge was Obama appointee Julius Genachowski (known in some circles as Judas GenaComcast for his historic sellout and notorious industry-friendly attitude).These rules also violate President Obama’s campaign promise to protect net neutrality and appoint an FCC commissioner who would do the same, but some media are reporting the corporate spin that this is a “net neutrality compromise.” And the White House is trying to convince us this isn’t a sellout as well with their wholly supportive statements.Cont.Here’s why the new rules are nothing but a sop to big business.Corporate censorship is allowed on your phone: The rules passed on Dec. 21 by Obama FCC Chairman Genachowski absurdly create different corporate censorship rules for wired and wireless Internet, allowing big corporations like Comcast to block websites they don’t like on your phone — a clear failure to protect net neutrality and put you, the consumer, in control of what you can and can’t do online.Online tollbooths are allowed, destroying innovation: The rules would allow big Internet service providers like Verizon and Comcast to charge for access to the “fast lane.” Big companies that could afford to pay these fees like Google or Amazon would get their websites delivered to consumers quickly, while independent newspapers, bloggers, innovators and small businesses would see their sites languish in the slow lane, destroying a level playing field for competition online and clearly violating net neutrality.The rules allow corporations to create “public” and “private” Internets, destroying the one Internet as we know it: For the first time, these rules would embrace a “public Internet” for regular people vs. a “private Internet” with all the new innovations for corporations who pay more — ending the Internet as we know it and creating tiers of free speech and innovation, accessible only if you have pockets deep enough to pay off the corporations.Cont.
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Comment #1 posted by FoM on January 11, 2011 at 16:28:08 PT
Kohl-Welles and Moeller Introduce MMJ Reform
Kohl-Welles and Moeller Introduce Comprehensive Medical Marijuana ReformsThe companion bills are available online now.SB 5073: 1100: IMMEDIATE RELEASE - Jan. 11, 2011Kohl-Welles and Moeller introduce comprehensive medical marijuana reforms      
      OLYMPIA - Today Sen. Jeanne Kohl-Welles, D-Seattle, and Rep. Jim Moeller, D-Vancouver, introduced new legislation to provide clarity and a stronger legal framework to Washington's existing medical marijuana laws.       Senate Bill 5073 and House Bill 1100 would establish a regulatory system for the sale and purchase of medical marijuana for qualifying patients. Current law established under voter-approved I-692 in 1998 permits patients with specified terminal or debilitating medical conditions to grow medical marijuana for personal use or designate a provider to grow on their behalf. Legislation passed in 2007 resulted in the Department of Health setting the allowable amount of marijuana for medical use, and a measure passed last year allows all health professionals having prescriptive authority to authorize medical marijuana.      Under the new bill, the Department of Agriculture would develop regulations through a public rule-making process for growing medical marijuana. And, patients would be permitted to purchase medical marijuana products from dispensers licensed by the Department of Health or by taking part in a regulated patient collective.       "There is much ambiguity around our state's current medical marijuana laws that is resulting in inconsistent enforcement throughout the state," Kohl-Welles said. "Creating a statutory and regulatory structure for licensing growers and dispensaries will allow us to provide for an adequate, safe, consistent, and secure source of the medicine for qualifying patients, address public safety concerns and establish statewide uniformity in the implementation of the law." She adds that the bill reflects the tenth draft since last February when she released her first draft. Input from patients, providers, advocates, health professionals, government officials, legislators, law enforcement representatives and others has helped shape the changes included in the bill.      Patients would be exempt from paying sales tax on medical marijuana products, but dispensaries and producers would be required to pay the state Business & Occupation tax. The legislation would protect legally compliant patients and growers from arrest, search, and prosecution for the use of medical cannabis. Law enforcement would also be required to consult a voluntary registry of patients before conducting warrantless searches or arrests. Registered patients would be protected against search and seizure unless existing evidence indicated criminal activity was being committed.      "Patients have been questioned and arrested for just having pot in their possession," Rep. Moeller said. "This law change will clarify what is, and is not medicine and hopefully end the arrests and jail time of patients with legitimate medical needs."
      Other provisions include protecting parental rights of medical marijuana patients and protections against the workplace discrimination of patients. The current legal limits of up to 15 plants and up to 24 ounces of useable marijuana per patient and one patient per provider remain intact.      Sen. Karen Keiser, D-Kent, chair of the Senate Health and Long-Term Care Committee, applauds the intent and effort to correct the problems patients who use medical cannabis encounter. Keiser says she will hold a public hearing on the proposed legislation next Thursday, January 20th at 1:30pm in Senate Hearing Room 4 of the Cherberg Building. 
   "Unfortunately, law abiding users who depend upon medical cannabis are often subject to discrimination," Keiser said. "This bill works to remedy that situation while creating a strong legal framework to ensure public safety alongside improved service for medical users."For interviews:      Sen. Jeanne Kohl-Welles, (360)786-7670
                  Rep. Jim Moeller, (360)786-7872For more information: Becca Kenna-Schenk, Senate Democratic Communications, (360) 786-7078
                  Clint Robbins, House Democratic Communications, (360)786-7323
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