cannabisnews.com: Superior Court Sides with Anaheim in Lawsuit
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Superior Court Sides with Anaheim in Lawsuit
Posted by CN Staff on August 20, 2011 at 05:53:03 PT
By John Hoeffel, Los Angeles Times
Source: Los Angeles Times
Anaheim -- One of California's most-watched medical marijuana cases is headed back to the state Court of Appeal for what could be a crucial ruling on whether cities and counties can ban dispensaries. In a case that has bounced around the courts for four years, a Superior Court judge in Orange County decided this week that Anaheim's ban on dispensaries does not violate state law.
But Anthony Curiale, attorney for the Qualified Patients Assn., a dispensary that sued Anaheim in 2007, said he will appeal. "Their ordinance is unconstitutional, it's invalid, it conflicts with state law," he said. After presiding over a trial in May, Judge David Chaffee concluded that neither the groundbreaking medical marijuana initiative passed by voters in 1996 nor the state law that followed seven years later preempt local ordinances intended to regulate the distribution of the drug."I think both sides have been watching this case more so than any other," said Paul Chabot, president of the Coalition for a Drug Free California. "We are excited about this. We think it's going to encourage the cities that are on the sidelines to join with the majority of California cities in banning dispensaries."Chabot's organization says 224 cities and 15 counties have banned dispensaries. Americans for Safe Access, which advocates for medical marijuana, counts 161 city and 17 county bans. Anaheim isn't the only city whose ban is being challenged. Joe Elford, chief counsel for Americans for Safe Access, estimates there are at least 10 other cases. But this suit "remains a good test case," he said. The lawsuit has already been before the 4th District Court of Appeal in Santa Ana, but a three-judge panel sent it back to the lower court for a trial. Curiale said he could not predict when the appellate court might rule again. "Oh, God knows," he said. "If I knew that I'd be at the racetrack."Curiale and Moses W. Johnson IV, the assistant Anaheim city attorney handling the case, both said they would ask the court to expedite its decision.Anaheim's ban remains in place, but as many as 50 dispensaries now operate in the city, including Qualified Patients. "They're kind of operating under the radar, so to speak," said Johnson, noting that the city has moved to shut down about half a dozen dispensaries. "We've gone after some of the newer ones."Source: Los Angeles Times (CA)Author: John Hoeffel, Los Angeles TimesPublished: August 20, 2011Copyright: 2011 Los Angeles TimesContact: letters latimes.comWebsite: http://www.latimes.com/URL: http://drugsense.org/url/ivY2bwP5CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml 
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Comment #5 posted by cannamed on August 22, 2011 at 13:02:07 PT:
ATTENTION DISPENSARIES
             ATTENTION DISPENSARIES
          HOW TO VERIFY A MEDICAL MARIJUANA CLINICSTATE AND CONSUMER SERVICES AGENCY Department of Consumer Affairs DMUND G. BROWN, Jr.,Governor	        MEDICAL BOARD OF CALIFORNIA                        
              Licensing Program                  June 14, 2011It has come to the attention of the California Medical Board that there are a wide variety of Medical Marijuana Evaluation clinics that are operating in an UNLICENSED capacity, which is clear violation of State of California Law, and is an offense punishable by CRIMINAL PROSECUTION, FINES, INCARCERATION and LOSS OF ALL CA MEDICAL LICENSES. The State of California Medical Board is currently investigating all UNLICENSED and ILLEGAL Medical Marijuana Clinics who are issuing Marijuana Recommendations to patients in violation of California Law. The law clearly states that not only is the physician required to have their medical license RENEWED and CURRENT, but the clinic where patients are being seen is also required to have RENEWED and CURRENT Factious Name Permit.As a matter if California Law it is your legal obligation to educate your volunteers and your patients and to ensure that the medical marijuana clinic where they receive their recommendations:	1. Are Operating LEGALLY;
	2. Are LICENSED to practice medicine in the State of California by evidencing a RENEWED and 	  CURRENT Factious Name Permit License Number,
	3. Are in compliance with State of California Medical Board rules and regulations as well as in 	 	  compliance with California Law.ONLY A LICENSED CALIFORNIAPHYSICIAN can own, control and operate a medical clinic (I.e., practice). It is against California Law, for LAY PEOPLE (I.e. unlicensed persons) to operate, own, control, a medical clinic. The law clearly states that the medical clinic must be organized as a Professional California Corporation which can only be obtained from the State of California by a Licensed physician.If a LAY PERSON (I.e., unlicensed person) is known to or represents that they own, control and/or operate a medical practice, they will be CRIMINALLY PROSECUTED to the fullest extent of California Law. It is Your LEGAL OBLIGATION to Verify EVERY Medical Marijuana Clinic:
 
As required by California Law Proposition 215 & SB 420 it is your legal duty to VERIFY every recommendation for every patient prior to allowing that patient entry into your dispensary. If a patient DOES NOT have a valid recommendation, they CANNOT enter and obtain medication. It is your LEGAL OBLIGATION and LEGAL RESPONSIBLITY to VERIFY every Medical Marijuana Clinic to make sure that they are LICENSED and operating LEGALLY in order to protect patients and to ensure that ILLEGAL Medical Marijuana Clinics STOP OPERATING and stop endangering the lives and health of patients who seek medical help for their medical problems and believe that they are visiting a LEGAL and LICENSED medical marijuana clinic. 
STATE AND CONSUMER SERVICES AGENCY - Department of Consumer Affairs	         EDMUND G. BROWN, Jr., Governor	       MEDICAL BOARD OF CALIFORNIA                        
Licensing ProgramJune 14, 2011
___________________________________________________________________________HOW TO VERIFY IF A MEDICAL MARIJUANA CLINIC IS LICENSED 
TO PRACTICE MEDICINE IN THE STATE OF CALIFORNIA1. When does a Medical Marijuana Clinic need a fictitious name permit?	A. If you are a LICENSED PHYSICIAN and SURGEON, practicing under a fictitious, false or assumed name in any public communication, advertisement, sign or announcement. 
Example: žABC Evaluation CenterÓ.2. How do I Verify a Medical Marijuana Clinic to Make Sure They Are Legally Licensed to Practice Medicine in the State of California?	A. Please visit: http://www.medbd.ca.gov/	B. Then please click on the LICENSEES TAB on top or go to: 
	   http://www.medbd.ca.gov/licensee	C. On the left side (Quick Links) please click on Fictitious Name Permit or go to:
	   http://www.medbd.ca.gov/licensee/fictitious_name.html	D. Click on Name Search for Fictitious Name Permit:	E. Enter the EXACT NAME of the Medical Marijuana Clinic as advertised in the Business Name 	 	   	  field to search for a valid Fictitious Name Permit, meaning that the FNP Permit is (I.e., License 		   	  Renewed & Current); Example: žABC Evaluation CenterÓ.		I. If your search reveals the EXACT NAME of ABC Evaluation Center as advertised by 			  	  the Medical Marijuana Clinic and the FNP licensed in RENEWED and CURRENT, 		         	         this constitutes a LEGAL MEDICAL MARIJUANA CLINIC;		Ii. If your search DOES NOT reveal the EXACT NAME as advertised of ABC 		  		  	  Evaluation Center and NO RECORDS RETURNED is the result and ABC 	 		         		  Evaluations Center DOES NOT have a FNP License Renewed & Current, that means 	  		  	  that this medical practice is OPERATING ILLEGALLY and in clear VIOLATION 		         	         of California Law and California Medical Board Rules and Regulations;  		Iii. Such ILLEGAL and UNLICENSED medical clinics marijuana clinics will be 	 	         	          INVESTIGATED and CRIMINALLY PROSECUTED to the fullest extent of the 	  	         	 	   law; 	       Iv. Furthermore, ALL recommendations that are issued by ILLEGAL and 		  	         		   UNLICENSED medical marijuana clinics will be REVOKED without notice.  In closing, recommendations issued by UNLICENSED/ILLEGAL medical marijuana clinics are INVALID and will be REVOKED. It is estimated that over 100,000 patients in the State of California have been issued recommendations by ILLEGAL and UNLICENSED medical marijuana clinics. For further questions, call the State of California Medical Board Licensing Program at (916) 263- 2382 or (800) 633-2322. STATE AND CONSUMER SERVICES AGENCY - Department of Consumer Affairs  EDMUND G. BROWN, Jr., Governor MEDICAL BOARD OF CALIFORNIA                        
 Licensing Program   
June 11, 2011
ATTENTION DISPENSARIES          
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Comment #4 posted by afterburner on August 22, 2011 at 09:40:57 PT
Drug Free literally means Medicine Free
said Paul Chabot, president of the Coalition for a Drug Free California. "We are excited about this. We think it's going to encourage the cities that are on the sidelines to join with the majority of California cities in banning dispensaries."When are Paul Chabot and the majority of California cities going to ban pharmacies and drug stores? Folks, we a talking about medicine here. "Drugs" is just a scare word that means in reality medicine. These people do not know how to focus their concerns properly. They need to rethink their intolerant attitudes before karma bites them back with a critical disease and no "medicine" to fight it.
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Comment #3 posted by Storm Crow on August 20, 2011 at 20:35:21 PT
Ditto! 
I certainly agree! Very good news. 
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Comment #2 posted by CaptainAjnag on August 20, 2011 at 16:36:19 PT:
josephlacerenza
DUDE! That is definitly HUGE news!ONWARD TO VICTORY!!!
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Comment #1 posted by josephlacerenza on August 20, 2011 at 06:16:58 PT
Cannabis Genome Revealed !
This is HUGE news!! Well, for me it is a big deal!! 
Cannabis Genome Revealed!
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