cannabisnews.com: Judge Refuses To Lift Medical Marijuana Injunction

cannabisnews.com: Judge Refuses To Lift Medical Marijuana Injunction
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Judge Refuses To Lift Medical Marijuana Injunction
Posted by CN Staff on January 08, 2011 at 05:46:42 PT
By John Hoeffel, Los Angeles Times
Source: Los Angeles Times
California -- The judge who declared that key parts of Los Angeles' medical marijuana ordinance are unconstitutional refused to stay his injunction Friday as the City Council works on an amended version, and he rebuffed the city's request for advice on how to rewrite the law."I don't want to legislate. I'm not the City Council," Los Angeles County Superior Court Judge Anthony J. Mohr said at a hearing. "I really think I'm going to decline that invitation."
The judge also decided that the dispensaries that asked for the injunction must post a bond. He proposed $250,000 but did not set the amount. The city asked for $1 million; the dispensaries argued for no bond.Jane Usher, a special assistant city attorney, said the city would now ask a state appellate court to stay the injunction. She said it would take at least 45 days for an amended ordinance to take effect.Mohr said that responding to the city's request for guidance would violate the separation of powers between the judicial and legislative branches. But he acknowledged the difficulties Los Angeles has had writing an ordinance after hundreds of dispensaries opened as the city failed to enforce a ban on new stores."As a very famous president once said, 'I feel your pain,'" he said.In the injunction he issued a month ago, Mohr ruled that the city cannot use the list of 182 dispensaries registered under the city's 2007 moratorium as a basis to determine which stores are legal. Under the ordinance, only those stores were allowed to apply to remain open and all others had to shut down.Mohr concluded that the City Council failed to follow proper procedure when it extended the moratorium, so that the registration deadline came after the law had expired. The City Council, taking a suggestion Mohr included in his ruling, is likely to allow only dispensaries that can prove they were open on the date the moratorium took effect, rather than using the registration list.But the city attorney's office asked the judge whether it could still use the list, which prioritized dispensaries by date of registration, to determine the order in which they will be allowed to choose their locations. The ordinance limits the number of dispensaries by community planning areas and requires them to be at least 1,000 feet apart. Dispensaries say this will create an unfair and unworkable musical chairs approach.With the judge's refusal to weigh in, it's unclear whether the city will stick with the priority list, given that it is based on the same expired law and is certain to draw more lawsuits. Usher declined Friday to discuss the draft ordinance, which she said could go to the council on Wednesday.City attorneys argued for a $1-million bond, saying the injunction has been seen as a "green light" to open new dispensaries and predicting higher police costs to prevent another dispensary free-for-all. The Angeles Police Department says it conducted at least 41 raids last year, costing an estimated $146,218.30.Lawyers for the dispensaries argued that their clients should not be held liable for actions taken by rogue dispensaries. "It wouldn't be rational. It wouldn't be fair," Stanley H. Kimmel argued.Mohr also rejected the city's request to issue a stay while the City Council works on the ordinance, asking, "Don't we want to incentivize the city to do something quickly?"Source: Los Angeles Times (CA)Author: John Hoeffel, Los Angeles Times Published: January 8, 2011Copyright: 2011 Los Angeles TimesContact: letters latimes.comWebsite: http://www.latimes.com/URL: http://drugsense.org/url/p3M0Ab9GCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #40 posted by FoM on January 11, 2011 at 05:05:57 PT
John Tyler
I was taught that words matter.
[ Post Comment ]

Comment #39 posted by John Tyler on January 10, 2011 at 21:12:28 PT
Arizona
Those Conservatives have done it now, haven’t they? They created this whole heavy vibe of hatred, fear, and violence and when some unbalanced person takes them up on what they are pushing (remember Sharon Angle’s 2nd Amendment option if you don’t like an election outcome), they say it is not their fault. Well, they can say whatever they like, but each of those hate filled Conservatives who spew their vile words has this blood on their hands and it will never wash off. They have some really bad Karma to deal with now. Peace, love, and understanding doesn’t sound silly at all now when compared to this.
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Comment #38 posted by The GCW on January 10, 2011 at 15:38:04 PT
Canis420,
Yes, car insurance in Colorado is required and I think it's a jailable offense to drive with out it. Somehow it seems different though. I have an old truck which I don't inusure but I have insurance in case I hit someone or their vehicle... as required. Driving can cause destruction and insurance helps make sure a victim is not at loss... Mandatory car insurance doesn't bother Me as much.
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Comment #37 posted by FoM on January 10, 2011 at 15:37:27 PT
The GCW
Do you have good insurance? I don't have any insurance. My husband is covered by the VA whichs works just fine. I would be happy if we had a similar progam offered to all people. Then if a person has good insurance keep it but if they don't have any financial ability to buy or have insurance then it would be wonderful.
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Comment #36 posted by Canis420 on January 10, 2011 at 15:10:15 PT:
GCW
I understand how you feel about the government making us buy health insurance. This would make more sense if they kept the public option to compete with private insurers. The way it is now it is just a givaway to the insurance companies. But that said, if we want to drive, which we must, they make us buy car insurance.
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Comment #35 posted by The GCW on January 10, 2011 at 13:42:28 PT
FoM,
I hear you.I don't have TV. From reading, the Republicans are sore losers and sore winners. They may be bringing out the bad / worst in people. I don't know. -I don't care for Obama forcing Me or any other American to purchase health insurance and I feel as though that strikes a chord in people unlike others. It seems a bit anit-American to force people to buy something... That makes for interesting anger.The killings are everywhere though. It's constant.-51 Killed in Mexican Drug Violence; 15 Decapitated in Acapulco -That's just during the weekend and just in Acapulco...-0-But do not kill on on the 3rd page. We're told all the plants are good on page 1. It seems obvious to lower killing and murder we must get it together 1st on page 1 and go from there.The cannabis prohibition issue seems like a litmus test issue. If people accept cannabis prohibiton, then government knows people will accept kiling as a military in other countries. So We may go kill in Mexico... They're related.
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Comment #34 posted by FoM on January 10, 2011 at 09:37:01 PT
Hope
I had no idea before Obama was elected how angry people can be. I did not like Bush but I never went on forums and posted hateful things about him on news articles. I knew he won the second term so I threw up my hands and thought history will put it all in order. I didn't feel I had to do anything but be afraid of the direction he was taking us and wait for change.
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Comment #33 posted by Hope on January 10, 2011 at 09:03:30 PT
Runruff... dancin... putting on the Ritz. Cool!
FoM. Yes it's a sad wicked world, in my opinion. So much hatred and craziness in politics and societal relationships... even everyday relationships. That's always been true I think. The thing is, with the internet... we know there are many hateful people out there. Even more than we'd fully appreciated perhaps. When someone is quiet... they may or may not be inwardly writhing with hatred.... with the internet and radio and tv... we know a lot of them are.Heck. That's why we're here. Fighting the craziness and deadliness of the "War on Drugs"... and it's been crazy and full of hatred and mayhem and strewn from beginning... to end... apparently, complete with blood, bodies, horrors, and terroristic intimidation and raids. So, no... the world is not so much better a place during our lifetimes that things aren't still happening to people because of hatred and misunderstanding and craziness. We aren't "cured" or "perfected" yet. We have to keep trying though.
[ Post Comment ]

Comment #32 posted by FoM on January 10, 2011 at 08:23:31 PT
runruff
That's really cool.
[ Post Comment ]

Comment #31 posted by runruff on January 10, 2011 at 08:20:01 PT
oh...
scroll down a little and in the center picture I am at stage center,white tux, with hat and hand in the air!
[ Post Comment ]

Comment #30 posted by FoM on January 10, 2011 at 07:41:35 PT
runruff
Which one is you?
[ Post Comment ]

Comment #29 posted by FoM on January 10, 2011 at 07:37:45 PT
The GCW
I am so sad about the people that were shot and murdered in Arizona. After the November elections we stopped watching the news because it was so depressing. When this happened in Arizona we turned the news on. Violence only creates more violence. I never thought I'd see the day when people carried guns to political rallies like they did this past year. Why do people hate Democrats and Obama? We have a nice man in power so everyone should be grateful that we do. He has done good things for our country that will help people and yet they still hate.
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Comment #28 posted by runruff on January 10, 2011 at 07:34:49 PT
Talking about guns?
I worked as a gunfighter at the Pollardville Ghost Town during the day and at the Theater at night for five years. I am the hamdsome [not a typo] chap with my hat in the air in a white tux, front and center. I'll bet you never expected to see me like this?http://www.palaceshowboat.com/
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Comment #27 posted by The GCW on January 10, 2011 at 05:16:29 PT
Love kills.
Can We kill them with love?Love kills.
[ Post Comment ]

Comment #26 posted by FoM on January 09, 2011 at 20:39:29 PT
Hope
Guns aren't a problem with me but people who ratchet up the use of guns to solve a political issue bother me. Guns have never been in my life. I prefer to have a couple rottweilers to alert me if someone tries to break in. They alert very quickly. Then you call the police.
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Comment #25 posted by Hope on January 09, 2011 at 20:01:19 PT
Now dangerous people.... violent people...
yes... we have to be as cautious as we can healthily be.
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Comment #24 posted by Hope on January 09, 2011 at 19:57:06 PT
I'm not trying to defend the second amendment or
be political or connect gun ownership to conservatives or liberals... I don't allow the words spoken in my presence ... if I can help it.I want you to feel some peace about them... firearms ... their existence... the reality of them, and not to be quite as worried as you are about them.
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Comment #23 posted by Hope on January 09, 2011 at 19:51:06 PT
gun violence
can be stick violence, rock violence, hammer, hatchet, knife, or ax violence, or fist violence. If I had to be killed and I could make choices... I'd choose shooting over getting beat to death, knifed, or burned up, I think.I don't think people should kill each other. I do believe in love. I prefer love. I am and want to be all about love. But if I have to fight to defend myself or others against someone that wanted to hurt or even kill (for real... not like the crazy guy... against "grammar control", etc..)... I'd rather have a gun than a stick. Some people can wield a stick well and might could defuse a dangerous situation with one. If I was in a bad situation with a mean person, they might back off if I had a gun... not so likely if I only had a stick.It's not the gun that's evil or crazy. Like Steve said, it's a thing. It has no mind of it's own. It's a tool. A tool that can be dangerous if mishandled... many tools are.... but a tool, nonetheless.I know you really dislike them and are afraid of them and I understand that. I would like for you to feel a bit more peace about them and also peace that not everyone that has one is a danger to themselves and others.
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Comment #22 posted by FoM on January 09, 2011 at 13:58:22 PT
herbdoc215
I guess I thought I said people that hunting is not an issue. Hunting for food is natural since we have to eat. I couldn't do it but I totally understand it. Threatening people with gun violence is what I don't understand. None of my friends have been into hunting or guns that are liberal. We have friends that are right leaning and they have more of an obsession with guns. That I don't get.
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Comment #21 posted by herbdoc215 on January 09, 2011 at 13:35:22 PT
FoM, I'm as liberal as they come
and have been into guns since I was a child as it was part of my culture...hunting, fishing and shooting was what we did for fun, applied physics is what we call hand-loading and shooting? I have had quite a few weapons (one was my Grandfathers he carried in WW2 and gave to me...he earned it) swiped by cops during raids years ago but was never
charged for any of them because I stored them properly and the cops knew they were not for them but sport and protection...I'm sure being a disabled vet didn't hurt either? I don't understand so many people today acting like guns are evil or good...they are just tools like a hammer or ax, it's what people do with them that are bad or good as I have seen them save lives as well as end them.
Canada definitely taught me when guns are outlawed only REAL criminals have them and are not shy about waving them around to get their way! Peace, Steve
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Comment #20 posted by runruff on January 09, 2011 at 12:50:54 PT
"he was a cannabis smoking loner."
How can they spin this with an anti-cannabis slant?Since Hitler was a coke addict, maybe we should blame World War II on cocaine?
[ Post Comment ]

Comment #19 posted by FoM on January 09, 2011 at 10:16:35 PT
Garry
In the article it was the liberal district in Arizona that he was angry about. From the article:‘I can't trust the current government’ Referring to District 8, the congressional district served by Rep. Gabrielle Giffords, Loughner wrote, "The majority of people who reside in District 8 are illiterate — hilarious. I don't control your English grammar structure." And he adds, "I can't trust the current government because of fabrications. The government is implying mind control and brainwash on the people by controlling grammar."
[ Post Comment ]

Comment #18 posted by Garry Minor on January 09, 2011 at 09:59:30 PT
FoM
I'm not real happy about about the people running our Government either, but, we're going to beat them without firing a single shot.We're going to win the Truth.
[ Post Comment ]

Comment #17 posted by Garry Minor on January 09, 2011 at 09:51:33 PT
The Good News, if only....
...the powers that be would allow us to use it!I have no idea if cannabinoids would help this fine lady, but, it would certainly be worth a try! It would help our soldiers, athletes, our kids, and maybe even one of us someday, too.But, so would the cure for cancer, etc......sighRaphael MechoulamCannabinoids and Brain Injury: Therapeutic Implications
http://www.lycaeum.org/research/researchpdfs/2002_mechoulam_1.pdf
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Comment #16 posted by FoM on January 09, 2011 at 09:31:48 PT
Garry
I haven't seen any serious problems on the news so far. I am watching CNN and MSNBC. The shooter didn't like the current government.
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Comment #15 posted by Garry Minor on January 09, 2011 at 09:27:29 PT
FoM
I agree, the kid was obviously messed up!
This is just another case of the media distorting the facts to fit their agenda. Hopefully, most people see through it?
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Comment #14 posted by Garry Minor on January 09, 2011 at 09:20:02 PT
Sorry,
I forgot to add the link regarding the alcohol poisoning, and, it also mentions cannabis.
http://www.msnbc.msn.com/id/40980334/ns/us_news-crime_and_courts/
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Comment #13 posted by FoM on January 09, 2011 at 09:12:04 PT
Garry
I don't know any liberal person personally that is seriously into guns. That just doesn't fit a profile of a tolerant and inclusive liberal.
[ Post Comment ]

Comment #12 posted by FoM on January 09, 2011 at 09:08:25 PT
The GCW
Over the years we have all seen people who have mental problem issues that use cannabis online. If he was a regular smoker of cannabis he could have been trying to self medicate. Unfortunately severe mental illness can't necessarily be helped by just using cannabis.
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Comment #11 posted by Garry Minor on January 09, 2011 at 09:07:59 PT
Alcohol poisoning
A 22-year-old woman in Arizona, Caitie Parker, claimed on her Twitter feed that she went to high school and college with the gunman, and was in a band with him. She described his politics in the past as "left wing, quite liberal, & oddly obsessed with the 2012 prophecy." She also described him as having a lot of friends "until he got alcohol poisoning in '06" and dropped out of school. "Mainly loner very philosophical."
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Comment #10 posted by The GCW on January 09, 2011 at 08:50:21 PT
Not just BBC
I read in 2 or more sources that Loughner was or may have been a cannabis-smoker.
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Comment #9 posted by FoM on January 09, 2011 at 06:50:09 PT
Sinsemilla Jones
Leave it to the BBC to bring up something like that. They sure are good at it.
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Comment #8 posted by Sinsemilla Jones on January 09, 2011 at 01:22:07 PT
Um....
An old schoolmate of Mr Loughner told the Associated Press news agency he was a cannabis-smoking loner.http://www.bbc.co.uk/news/world-us-canada-12144405
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Comment #7 posted by FoM on January 08, 2011 at 18:25:46 PT
The GCW
Whoa! That woman scares me.
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Comment #6 posted by The GCW on January 08, 2011 at 17:34:28 PT
Why?
One cause is due to people with mental health problems.I think I'm reading Sarah Palin had Gabrielle Giffords name with the crosshairs of a gun scope over it on Her website.A person with mental health issues may come to the wrong conclusions...& I'm reading: "The Palin website with a bullseye over Gabrielle Gifford's district is down now."
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Comment #5 posted by Hope on January 08, 2011 at 17:19:40 PT
"There's room for more love."
We need less hatred and craziness, too.
[ Post Comment ]

Comment #4 posted by The GCW on January 08, 2011 at 17:03:17 PT
FoM,
It's all a mind trip just thinking about all the killings. It's everywhere.Why?You know I don't know... it is for so many reasons... Still I believe some of the reasons include how government sets an example of killing and rationalizing it. Even Christians rationalize it!It makes Me wonder if the killer could have smoked some cannabis beforehand, if all that could have been avoided. How many killings are avoided because people smoked some pot and mellowed out???There's room for more love.
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Comment #3 posted by FoM on January 08, 2011 at 16:20:11 PT
Why Would Anyone Want To Shoot Her?
She looks like a kind lady.http://www.washingtonpost.com/wp-dyn/content/article/2011/01/08/AR2011010803054.html
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Comment #2 posted by FoM on January 08, 2011 at 16:16:31 PT
Just a Comment
I just read online there was a shooting in Arizona. I turned on MSNBC and 6 people were killed. Why in the world do people use guns to kill people? I have no problem with people hunting for food but that's as far as my mind can understand.
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Comment #1 posted by The GCW on January 08, 2011 at 08:28:43 PT
CARTOON
Marijuana Prohibition Era Cartoon Par Excellence: Hemp's Notorious Cousinhttp://blog.norml.org/2011/01/08/marijuana-prohibition-era-cartoon-par-excellence-hemps-notorious-cousin/
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