Sacramento supervisors outlaw medicinal pot dispensaries in the county

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FruityBud

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Sacramento County supervisors said they wanted to make it unambiguous that they won't permit medical marijuana dispensaries.

So board members passed a county zoning amendment that fails to include the words "medical" or "marijuana" or "dispensaries."

Instead, supervisors are seeking to bring an end to the county's once teeming medical marijuana trade by denying business permits to establishments that conflict with "either state or federal law, or both" under a new policy approved Tuesday.

The board's action comes after aggressive code enforcement efforts – and threats of federal prosecution or property seizures – shuttered all but a handful of marijuana stores in the county's unincorporated communities.

Officials said medical marijuana outlets were never permitted under county zoning laws. But that didn't stop as many as 99 dispensaries from opening in the past two years.

So board Chairwoman Roberta MacGlashan said supervisors voted 4-1 Tuesday "to clarify our existing ordinance" because it "didn't address marijuana dispensaries."

Even though the amended zoning code still doesn't, MacGlashan said the supervisors' vote now effectively bans marijuana stores by making it "clear we don't allow any use that is inconsistent with federal law."

The vote came after counsel Michelle Bach and other staffers told supervisors the only local land use they know of that conflicted with federal law is medical marijuana.

Supervisor Phil Serna, the lone dissenting vote, said his colleagues took an unnecessary action given the county's already "robust code enforcement" against dispensaries.

Serna said the vote effectively bans both marijuana stores and cultivation in the county. He protested it "foreclosed the opportunity" to negotiate zoning rules to accommodate seriously ill medical marijuana users.

The vote came after county staff advised supervisors of a state 2nd District Court of Appeal decision in October that said the city of Long Beach could not license dispensaries because of federal marijuana laws and a District Court ruling in November upholding a city of Riverside ban on pot stores.

In addition, supervisors had an Oct. 7 press release by California's four U.S. attorneys that announced enforcement efforts "aimed at curtailing the large, for-profit marijuana industry that has developed" in California in violation of U.S. law.

Supervisors also faced a procession of angry speakers Tuesday, including people saying they used marijuana for cancer or pain. One, Dr. Davis Allen, a physician who recommends cannabis, charged supervisors were violating the rights of voters who passed the 1996 Proposition 215 medical marijuana law.

"If the California citizens voted to make marijuana medicine, it's your duty to facilitate that," Allen said.

Orangevale resident Jeanne Larsson, who runs A Therapeutic Alternative dispensary in the city of Sacramento, said the county only enabled a deluge of unregulated pot clubs by failing to accept a limited number of dispensaries and impose operating rules as the city did.

"Your lack of attention and fear of regulation helped create an atmosphere where not-so-responsible collectives (dispensaries) could thrive," Larsson said.

County officials said Wednesday that only seven dispensaries remain open in the incorporated region. They are the Common Roots Collective on 52nd Avenue, Elevated Collective on 65th Street, Touch of Earth on Auburn Boulevard, Herbal Connoisseur on Kitty Lane, Kingston Wellness on Sunrise Boulevard, Magnolia Wellness on Greenback Lane and Arcade Health and Wellness on El Camino Avenue.

County lawsuits for zoning violations are pending against Herbal Connoisseur and Magnolia Wellness, and Arcade Health and Wellness is due to close by court order Monday, officials said.

hxxp://tinyurl.com/875ertm
 
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Roddy

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Officials said medical marijuana outlets were never permitted under county zoning laws. But that didn't stop as many as 99 dispensaries from opening in the past two years.

I've said it a few times, it's this kind of action that makes for trouble and bad press.

"If the California citizens voted to make marijuana medicine, it's your duty to facilitate that," Allen said.

Well, no, it's the voters' jobs to make the law what they want and not work around it. In other words (Hal), They shouldn't have settled on what they could get?????

(puts on his nomax)
 

NorCalHal

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Roddy, Roddy, Roddy....not understanding the program...again.....

I sure am glad you take such an interest in Cali's MMJ laws.

So, the City of Sac allows dispensaries. They are licensed and regulated.

The county had no such regulations and it was an open field. So, anyone and everyone opened up dispensaries out of city limits.

The influx of dispenaries forced the County of Sac to come up with rules and regulations, and simply put, they just decided to outlaw them, for better or worse.

Me personally, could care less. It is up to each county/city to decide if they want to allow dospensaries in thier area. It is up to the city/county to amend zoning laws to reflect thier decision.
Sac county finally came up with regulations. Too bad it was to just ban them instead of regulate them, but I am sure this makes you happy Roddy.

Your last comment shows lack of knowledge of our MMJ laws....again. And alas, I am tired of explainging our laws to folks that will just not get it.

Good try at getting me fired up....but I have bigger fish to fry.
 
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Roddy

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First, Hal, how can this make me happy?? You keep pretending I am the bad guy here because your state can't play by the rules. What? You yourself are the one that kept telling me how we passed the laws....

So, you're saying the city said it's ok, but the county said no?? Now, why do you suppose they said no instead of reaping the big tax income generated?? And tell me, weren't you all allowed to have a say in this or was this passed without your ability to voice opinion?? See, I recall saying these things get passed without our say and all I heard back was we voters screwed up....so which is it?? :)

And you're correct, I only know what I read...which is what everyone else knows...right??? Back to that perception again??? But it seems to me that the official making the statement that the county never allowed dispensaries must be mistaken, if your statement is true?

Not really trying to irk you, Hal! :)
 

Hick

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each municipality or county, has the ability to ban dispensaries. "WITHOUT" a vote by the public. It's called County Commissioners and city council.... it can even be accomplished without a public hearing/input/discussion. Commissioners/councilmen simply vote amongst themselves, behind closed doors. Like in Washington...:p
 

tcbud

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Shasta County....or was it the city of Redding, outlawed dispensary's the first of December. The price of pot has gone up from $800 to $1000 a pound up to hitting $2500 according to the local news network (this in two weeks from the ban). Same will happen in Sac County too, makes it hard if you don't grow or cant grow. Now crime will go up, very sad.

Maybe it is a conspiracy to close up all the medical dispensary's in time for the federal government to make it legal to sell and the big pharmaceutical company's can get in on a clear playing field. Paranoid thinking goes well with good reefer.

(The last statement is said in humor, or......is it?)
 
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Roddy

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Hick said:
each municipality or county, has the ability to ban dispensaries. "WITHOUT" a vote by the public. It's called County Commissioners and city council.... it can even be accomplished without a public hearing/input/discussion. Commissioners/councilmen simply vote amongst themselves, behind closed doors. Like in Washington...:p


:yeahthat: but when I suggested this, I was told we MI voters accepted what we could....however, you do have a right to voice opinion and to even make motions at city council meetings...around here at least.
 
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Roddy

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tcbud said:
Shasta County....or was it the city of Redding, outlawed dispensary's the first of December. The price of pot has gone up from $800 to $1000 a pound up to hitting $2500 according to the local news network (this in two weeks from the ban). Same will happen in Sac County too, makes it hard if you don't grow or cant grow. Now crime will go up, very sad.

Maybe it is a conspiracy to close up all the medical dispensary's in time for the federal government to make it legal to sell and the big pharmaceutical company's can get in on a clear playing field. Paranoid thinking goes well with good reefer.

(The last statement is said in humor, or......is it?)

:rofl: :rofl:
 
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Roddy

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Hick said:
each municipality or county, has the ability to ban dispensaries. "WITHOUT" a vote by the public. It's called County Commissioners and city council.... it can even be accomplished without a public hearing/input/discussion. Commissioners/councilmen simply vote amongst themselves, behind closed doors. Like in Washington...:p


Heading that way in a few weeks, Hick, how's the snow situation?? And Hal, I may make it all the way to Cali...my card good there?? I was told it is in Vegas, will be interesting to find out, and to see how they work!
 

NorCalHal

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tcbud said:
Shasta County....or was it the city of Redding, outlawed dispensary's the first of December. The price of pot has gone up from $800 to $1000 a pound up to hitting $2500 according to the local news network (this in two weeks from the ban). Same will happen in Sac County too, makes it hard if you don't grow or cant grow. Now crime will go up, very sad.

Maybe it is a conspiracy to close up all the medical dispensary's in time for the federal government to make it legal to sell and the big pharmaceutical company's can get in on a clear playing field. Paranoid thinking goes well with good reefer.

(The last statement is said in humor, or......is it?)

My City/County has a ban also.

I saw the same news story about the price of herb going up, and I gotta say that is the biggest lie yet. How they come up with this is crazy.
Around my parts, Herb price is at a ALL TIME low. Seriously crazy, and I see it driving folks out of the biz like crazy. I have never in my years seen the price of all grades so cheap, quite unbelievable.

I do see the price going up to in price for sure, but we won't see that until Juneish. I do believe that it will go back to the price range of about 5 years ago or so, as a drought is coming this summer, I see it forming.


And yes TC...they are setting up for the big takeover...believe that....and New Jersey will lead the way.
 

orangesunshine

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Hick said:
each municipality or county, has the ability to ban dispensaries. "WITHOUT" a vote by the public. It's called County Commissioners and city council.... it can even be accomplished without a public hearing/input/discussion. Commissioners/councilmen simply vote amongst themselves, behind closed doors. Like in Washington...:p


edumacate me in govt 101 please if i am misunderstanding something here---fed law trumps state law---state law trumps county and city law---in turn making it legal to grow with a proper medical recommendation from a doctor under the state guidelines---forget the dispensaries cause they were never included in prop 215---counties and cities only have control of opening or closing dispensaries and increasing or decreasing the plant count from the state guideline---if a city or county does not have a regulation in tact than state guidelines are the fall back---cities and counties do not have the power to re-write prop 215 at their whim and take away the state right to grow with a recommendation regardless of a city or county banning a dispensary---si or no
 

Hick

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first of all OS, I 'despise' the politic process.A sham of the supposed "of the people, for the people, and by the people"...
cities and counties do not have the power to re-write prop 215 at their whim
Let me ask you this, ever been in a 'dry county'??
They may not be able to "re-write" it, but they might be able to 'regulate' you out of it. Start imposing regulations, requirements, "permits/licenses", or standards that must be implemented.
CA has several 'different' regulations, per different municipalities/counties already. e.g. "99 plants", "100 sq. ft", "no exposed outdoor grows", ect. don't they? Couldn't it very well be set at 3 plants, or at 3 sq. ft.? A $1000 permit? $5000 permit?
 
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Roddy

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NorCalHal said:
I sure am glad you take such an interest in Cali's MMJ laws.

My friend, you must understand that ALL of the USA "take such an interest in Cali's MMJ laws". You'd be amazed how often Cali is brought up in discussions at board meetings....here in lil ol MI! :)
 

Herm

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Roddy said:
Heading that way in a few weeks, Hick, how's the snow situation?? And Hal, I may make it all the way to Cali...my card good there?? I was told it is in Vegas, will be interesting to find out, and to see how they work!

Last I checked Michigan was the only state that honored other states medical cards.
 
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Roddy

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Not sure, Herm, but a friend in Vegas told me my card would be honored in Vegas....she may have meant I'd be issued a card though, I never asked details! Will be interesting to find out! Thinking about it and knowing how the system works here though, unless they hand you a card in person at the tie of visit, I'd not have a card until my next visit (and then it'd have expired LMAO).
 

NorCalHal

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Roddy said:
First, Hal, how can this make me happy?? You keep pretending I am the bad guy here because your state can't play by the rules. What? You yourself are the one that kept telling me how we passed the laws....
You are the bad guy....you believe what you read and you believe the glass is half empty.
We fully play by the rules my ill informed friend. When there is no ruleset, we rock it out till they make one.

Roddy said:
So, you're saying the city said it's ok, but the county said no?? Now, why do you suppose they said no instead of reaping the big tax income generated?? And tell me, weren't you all allowed to have a say in this or was this passed without your ability to voice opinion?? See, I recall saying these things get passed without our say and all I heard back was we voters screwed up....so which is it?? :)

Ahhh...read again my friend...I didn't say the county said no. The County had no regulations in place. The influx of dispensaries forced the county to make regulations, and the County board decided to ban them. There was plenty of opposition, but alas, it is up to a few folks to decide, it was never put to a Vote. It was approved by conservitive folks like yourself.
If it was put to a vote, it would have passed and there would be dispensaries in the county.

Roddy said:
And you're correct, I only know what I read...which is what everyone else knows...right??? Back to that perception again??? But it seems to me that the official making the statement that the county never allowed dispensaries must be mistaken, if your statement is true?


The County had NO CHOICE but to allow dispensaries, as they are legal in California. Dang son, how many times I gotta explain this.
They are legal in the State...period. It is up to each City/County to put up bans or put regulations on them. Simple as that. If a City/County does not have regulations or bans against them, then it is open to anyone to open one.
So yes, the county official was wrong.

What is happening is all cali cities/counties are being forced to either regulate, or ban dispensary operations. This is a good thing. It is forcing folks to talk about it and make a decision.

Now, the areas that have put bans in place are under fire from support groups. This is leading to petitions, which will lead to a Vote by the residents.
As it sits now, the citizens of the areas effected are at the mercy of a handful of conservitive politicians that just decided to place a ban on it because of thier perception of MMJ.
What needs to happen is a vote by the people of each area. This is what is going to happen.
 
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Roddy

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You are the bad guy....you believe what you read and you believe the glass is half empty. Oh my, then there sure are a lot of us "bad guys" out here....YIKES!

We fully play by the rules my ill informed friend. When there is no ruleset, we rock it out till they make one. This reminds me of the kid asking the mom if he can go out and play, she says no, so he asks the dad....
 
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Roddy

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Ahhh...read again my friend...I didn't say the county said no. The County had no regulations in place. The influx of dispensaries forced the county to make regulations, and the County board decided to ban them. There was plenty of opposition, but alas, it is up to a few folks to decide, it was never put to a Vote. It was approved by conservitive folks like yourself.
If it was put to a vote, it would have passed and there would be dispensaries in the county


Did the county say no in the end?? So I am correct, then? Seems you have issues with my way of thinking...instead of trying to work around the way things are and allowing for conservative thinking, why not work hand in hand?
 
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Roddy

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The County had NO CHOICE but to allow dispensaries, as they are legal in California. Dang son, how many times I gotta explain this.
They are legal in the State...period. It is up to each City/County to put up bans or put regulations on them. Simple as that. If a City/County does not have regulations or bans against them, then it is open to anyone to open one.
So yes, the county official was wrong.


So, if I don't lock my doors, it's ok to walk in my house as you please?? I thought following the laws meant the ones in place, not making them as you go and hoping no one gets mad.
 
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