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CC - Item 4A - Interim Urgency Ordinance Declaring and Imposing A Citywide Moratorium on Non-medical Marijuan Facilites and Private Marijuana Cultivation in Light of the Passage of Proposaition 64ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BILL R. MANIS, CITY MANAGER , DATE: DECEMBER 13, 2016 SUBJECT: INTERIM URGENCY ORDINANCE DECLARING AND IMPOSING A CITYWIDE MORATORIUM ON NON - MEDICAL MARIJUANA FACILITIES AND PRIVATE MARIJUANA CULTIVATION IN LIGHT OF THE PASSAGE OF PROPOSITION 64. SUMMARY Proposition 64, which legalized various recreational marijuana activities, was passed by the voters on November 8, 2016. Though the Rosemead Municipal Code currently prohibits medical marijuana dispensaries and marijuana cultivation facilities, it is silent on private marijuana cultivation and non - medical marijuana facilities. Given uncertainties associated with implementation of Proposition 64 and the impact of recreational marijuana uses on the community, the City Council will consider adopting an Urgency Ordinance imposing a moratorium on non - medical marijuana facilities and private marijuana cultivation activities in the City. STAFF RECOMMENDATION That the City Council adopt Urgency Ordinance No. 969 under Government Code section 65858(a), establishing a 45 -day moratorium on non - medical marijuana facilities and private marijuana cultivation, except for private indoor cultivation of six marijuana plants or less, which shall be subject to reasonable regulations. This interim urgency ordinance requires a four -fifths vote for adoption. BACKGROUND On November 8, 2016, California voters approved Proposition 64, known as the "Control, Regulate and Tax Adult Use of Marijuana Act." Proposition 64 allows individuals to possess, use, and cultivate recreational marijuana in certain amounts. An individual may possess up to 28.5 grams of non - concentrated marijuana or 8 grams of marijuana in a concentrated form (e.g., marijuana edibles). In addition, an individual may cultivate up to six marijuana plants at his or her private residence provided that no more than six plants are being cultivated on the property at one time. Proposition 64 also establishes a regulatory system for commercial businesses that is ITEM NUMBER: 1H City Council Meeting December 13, 2016 Page 2 of 4 very similar to the medical marijuana regulatory system that the state legislature created last year. Under Proposition 64, recreational marijuana cultivators, manufacturers, distributors, retailers, and testing laboratories may operate lawfully if they obtain a state license to operate and comply with local ordinances. Proposition 64 does not limit local police power authority over commercial marijuana business and land uses. Cities may prohibit such businesses completely if they so choose. With regard to private cultivation, however, there is one important limitation on local police power. Cities may ban private outdoor marijuana cultivation, but they may not completely ban private indoor cultivation of six marijuana plants or less. Proposition 64 provides that private indoor cultivation of six marijuana plants or less is lawful under both state and local law and is only subject to "reasonable" local regulations. The California Department of Consumer Affairs, Department of Food and Agriculture, and Department of Public Health are responsible under Proposition 64 for issuing state licenses to commercial recreational marijuana businesses. No marijuana business can operate without a state license from one of these agencies, which are currently drafting regulations that will govern their respective areas of responsibility. Based on the latest information we have from the state, these agencies will not be ready to issue any state marijuana licenses until January 2018. ANALYSIS Despite that lengthy timeframe for state marijuana licenses, there is a need for urgent action by the City Council. Municipal Code section 17.40.020 currently prohibits all medical marijuana businesses and all marijuana cultivation in the City, but the Municipal Code does not expressly address recreational marijuana businesses. Staff anticipates that Proposition 64 will encourage the establishment of various recreational marijuana businesses in the City. While unlicensed marijuana businesses would be unlawful under state law and therefore prohibited under the City's general public nuisance standards, express regulations will make enforcement easier and minimize the potential for confusion regarding the City's marijuana policies. This will, in turn, decrease the potential for unnecessary nuisance abatement litigation. This is significant because many California cities have experienced negative secondary effects from medical marijuana businesses, including dispensaries, cultivation facilities, and delivery services, as demonstrated by the attached 2009 white paper from the California Police Chiefs Association (Attachment A), the 2014 memorandum from the Santa Clara County District Attorney (Attachment B), and various news stories from throughout the country (Attachment Q. In addition, express Municipal Code regulations are necessary to provide clear guidance to the public regarding the scope of permissible private cultivation. Proposition 64 took effect immediately upon voter approval. Staff anticipates that many individuals will now begin to cultivate marijuana at their private residences. In light of Proposition 64, the City can no longer enforce its existing marijuana cultivation ban against private indoor cultivation of six marijuana plants or less. Such unregulated conduct could have significant adverse impacts for the City. As demonstrated in the attachments to this staff report, indoor marijuana cultivation sites are often City Council Meeting December 13, 2016 Page 3 of 4 associated with illegal construction, haphazard and unsafe electrical wiring, electricity theft, fires, mold and fungus problems, diversion of public water, pollution of waterways, and excessive water use. Permanent regulations will take time. Based on existing case law, the City Council should treat the regulation of marijuana businesses and cultivation as a land use issue. The City, therefore, must follow Government Code section 65853, which requires a noticed public hearing before the planning commission and a noticed public hearing before the city council. During the time it takes to complete this process, the City could experience significant adverse impacts from unlicensed recreational marijuana businesses and unregulated private marijuana cultivation. For this reason, an interim urgency ordinance is appropriate. Government Code section 65858 authorizes the adoption of an interim urgency ordinance to protect the public health, safety, and welfare, and to prohibit land uses that may conflict with land use regulations that a city's legislative bodies are considering, studying, or intending to study within a reasonable time. Here, an interim urgency ordinance will allow the City to protect public health, safety and welfare while the City Council evaluates its options for permanent marijuana regulations. The proposed interim urgency ordinance imposes the following three temporary restrictions: • All commercial non - medical marijuana businesses that require a license under Proposition 64 will be prohibited while the interim urgency ordinance is in effect. This temporary prohibition will apply to recreational marijuana cultivation, manufacturing, distribution, testing, and retail sales. • All private marijuana cultivation will be prohibited except that an individual may cultivate no more than six living marijuana plants inside his or her private residence, or inside an accessory structure to his or her private residence located upon the grounds of that private residence that is fully enclosed and secured against unauthorized entry, provided that the owner of the property provides written consent expressly allowing the marijuana cultivation to occur, the person conducting the marijuana cultivation complies with all applicable Building Code requirements set forth in Title 15 of the municipal code, there is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of marijuana cultivation, and the marijuana cultivation complies with Health and Safety Code section 11362.2(a)(3). Health and Safety Code section 11362.2(a)(3) provides that no more than six marijuana plants may be cultivated at or upon the grounds of a private residence at one time. • Non - medical marijuana businesses, including nonprofit businesses, are prohibited from delivering marijuana to people in the City. If approved by a four -fifths vote, the interim urgency ordinance will be effective for 45 days. After providing notice and holding a public hearing, the City Council, upon a four -fifths vote, may extend the interim urgency ordinance for 10 months and 15 days. The City Council may subsequently extend the interim urgency ordinance for an additional year. While the interim City Council Meeting December 13, 2016 Paae 4 of 4 urgency ordinance is in effect, the City will undertake a comprehensive review of its policies and potential regulations regarding recreational marijuana businesses and private marijuana cultivation in light of Proposition 64. ENVIRONMENTAL REVIEW The proposed Ordinance No. 969 is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed ordinance maintains the status quo and prevents changes in the environment pending the completion of the contemplated municipal code review. Because there is no possibility that this ordinance may have a significant adverse effect on the environment, the adoption of this ordinance is exempt from CEQA. LEGAL REVIEW This staff report and Ordinance No. 969 has been reviewed and approved by the City Attorney. FISCAL IMPACT - None STRATEGIC PLAN IMPACT —None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Michelle G. Ramirez, Communi evelopment Director Attachment A: 2009 white paper from the California Police Chiefs Association Attachment B: 2014 memorandum from the Santa Clara County District Attorney Attachment C: Various news stories from throughout the country Attachment D: Urgency Ordinance No. 969 Attachment A 2009 White Paper from the California Police Chiefs Association Reserved WHITE PAPER ON MARIJUANA DISPENSARIES by CALIFORNIA POLICE CHIEFS ASSOCIATION'S TASK FORCE ON MARIJUANA DISPENSARIES 0 2009 California Police Chiefs Assn, All Rights Reserved ACKNOWLEDGMENTS Beyond any question, this White Paper is the product of a major cooperative effort among representatives of numerous law enforcement agencies and allies who share in con the goal of bringing to light the criminal nexus and attendant societal problems posed by marijuana dispensaries that until now have been too often hidden in the shadows. The critical need for this project was first recognized by the California Police Chiefs Association, which put its implementation in the very capable hands of CPCA's Executive Director Leslie McGiIl, City of Modesto Chief of Police Roy Wasden, and City of El Cerrito Chief of Police Scott Kirkland to spearhead. More than 30 people contributed to this project as members of CPCA's Medical Marijuana Dispensary Crime/Impact Issues Task Force, which has been enjoying the hospitality of Sheriff John McGinnis at regular meetings held at the Sacramento County Sheriff s Department's Headquarters Office over the past three years about every three months. The ideas for the White Paper's components came from this group, and the text is the collaborative effort of numerous persons both on and off the task force. Special mention goes to Riverside County District Attorney Rod Pacheco and Riverside County Deputy District Attorney Jacqueline Jackson, who allowed their Office's fine White Paper on Medical Marijuana: History and Current Complications to be utilized as a partial guide, and granted permission to include material from that document. Also, Attorneys Martin Mayer and Richard Jones of the law firm of Jones & Mayer are thanked for preparing the pending legal questions and answers on relevant legal issues that appear at the end of this White Paper, And, I thank recently retired San Bernardino County Sheriff Gary Penrod for initially assigning me to contribute to this important work. Identifying and thanking everyone who contributed in some way to this project would be well nigh impossible, since the cast of characters changed somewhat over the years, and some unknown individuals also helped meaningfully behind the scenes. Ultimately, developing a White Paper on Marijuana Dispensaries became a rite of passage for its creators as much as a writing project. At times this daunting, and sometimes unwieldy, mtdti -year project had many task force members, including the White Paper's editor, wondering if a polished final product would ever really reach fruition. But at last it has! If any reader is enlightened and spurred to action to any degree by the White Paper's important and timely subject matter, all of the work that went into this collaborative project will have been well worth the effort and time expended by the many individuals who worked harmoniously to make it possible. Some of the other persons and agencies who contributed in a meaningful way to this group venture over the past three years, and deserve acknowledgment for their helpful input and support, are: George Anderson, California Department of Justice Jacob Appelsmith, Office of the California Attorney General John Avila, California Narcotics Officors Association Phebo Chu, Office of San Bernardino County Counsel Scott Collins, Los Angeles County District Attorney's Office Cathy Coyne, California State Sheriffs' Association Lormo Craig, Trinity County Sheriffs Department Jinn Denney, California State Sheriffs' Association Thomas Dewey, California State University — Humboldt Police Department Dana Filkowski, Contra Costa County District Attorney's Office John Gaines, California Department of Justice/Bureau of Narcotics Enforcement Craig Gundlaeh, Modesto Police Department John Harlan, Los Angeles County District Attorney's Office - -Major Narcotics Division ©2009 California Police Chiefs Assn. i All Rights Reserved Nate Johnson, California State University Police Mike Kanalakis, Monterey County Sheriffs Office Bob Kochly, Contra Costa County Office of District Attorney Tommy LaNier, The National Marijuana Initiative, HIDTA Carol Leveroni, California Peace Officers Association Kevin McCarthy, Los Angeles Police Department Randy Mendoza, Arcata Police Department Mike Nivens, California Highway Patrol Rick Oules, Office of the United States Attorney Mark Pazin, Merced County Sheriffs Department Michael Regan, El Cerrito Police Department Melissa Reisinger, California Police Chiefs Association Kimberly Rios, California Department of Justice, Conference Planning Unit Kent Shaw, California Department of Justice/Bureau of Narcotics Enforcement Crystal Spencer, California Department of Justice, Conference Planning Unit Sam Spiegel, Folsom Police Department Valerie Taylor, ONDCP Thomas Toller, California District Attorneys Association Martin Vrmicar, Jr., California District Attorneys Association April 22, 2009 Dennis Tilton, Editor © 2009 California Police Chiefs Assn. ii All Rights Reserved i 4 TABLE OF CONTENTS Pages ACXNOWLEDGMENTS .. . ............ . ... . ............ . . . .................. . i -ii EXECUTIVE SUMMARY. . ...... . ...... . .............. . ...... . ................iv -vi WHITE PAPER ON MARIJUANA DISPENSARIES INTRODUCTION .............................. ..............................1 FEDERALLAW-- . .................. ...... ............................ 1,2 CALIFORNIA LAW ............................... ............................2 -6 LAWS IN OTHER STATES ............... . ..... . ................ . .......... . .. .6 STOREFRONT MARIJUANA DISPENSARIES AND COOPERATIVES ......... . ..... .6 -7 HOW EXISTING DISPENSARIES OPERATE ....... . . . .... . ..... . ....... . . . .. . . . ..7 -8 ADVERSE SECONDARY EFFECTS OF MARIJUANA DISPENSARIES AND SIMILARLY OPERATING COOPERATIVES ... . . . . ... . ........ . ........... . .8 ANCILLARY CRIMES ............. _............... ....................,.....,8 -10 OTHER ADVERSE SECONDARY.IMPACTS IN THE IMMEDIATE VICINITY OF DISPENSARIES................................. .............................II SECONDARY ADVERSE IMPACTS IN THE COMMUNITY AT LARGE ...... . . . ..... 11 -14 ULTIMATE CONCLUSIONS REGARDING ADVERSE SECONDARY EFFECTS, .......14 POSSIBLE LOCAL GOVERNMENTAL RESPONSES TO MARIJUANA DISPENSARIES,14.17 LIABILITYISSUES ..... ........... ................... ....................... .18 -19 A SAMPLING OF EXPERIENCES WITH MARIJUANA DISPENSARIES ....... . .......19 -30 PENDING LEGAL QUESTIONS . . . ............ . . ........ . .......................31 -39 CONCLUSIONS .......:......................... .........................:...40 ENDNOTES........................................ ..........................41 -44 NON -LEGAL REFERENCES . ... . .... . .. . . . . . ...... . . ..........................45 -49 © 2009 California Police Chiefs Assn. Ilf All Rights Reserved WHITE PAPER ON MARIJUANA DISPENSARIES A CALIFORNIA POLICE CHIEFS ASSOCIATION'S TASK FORCE ON MARIJUANA DISPENSARIES EXECUTIVE SUMMARY INTRODUCTION Proposition 215, an initiative authorizing the limited possession, cultivation, and use of marijuana by patients and their care providers for certain medicinal purposes recommended by a physician without subjecting such persons to criminal punishment, was passed by California voters in' 1996, This was supplemented by the California State Legislature's enactment in 2003 of the Medical Marijuana Program Act (SB 420) that became effective in 2004. The language of Proposition 215 was codified in California as the Compassionate Use Act, which added section 11362.5 to the California health & Safety Code, Much later, the language of Senate Bill 420 became the Medical Marijuana Program Act (MNIPA), and was added to the California health & Safety Code as section 11362.7 et seq. Among other requirements, it purports to direct all California counties to set up and administer a voluntary identification card system for medical marijuana users and their caregivers. Some counties have already complied with the mandatory provisions of the MMPA, and others have challenged provisions of the Act or are awaiting outcomes of other counties' Iegal challenges to it before taking affirmative steps to follow all of its dictates. And, with respect to marijuana dispensaries, the reaction of counties and municipalities to these nascent businesses has been decidedly mixed. Some have issued permits for such enterprises. Others have refused to do so within their jurisdictions, Still others have conditioned permitting such operations on the condition that they not violate any state or federal law, or have reversed course after initially allowing such activities within their geographical borders by either limiting or refusing to allow any further dispensaries to open in their community. This White Paper explores these matters, the apparent conflicts between federal and California law, and the scope of both direct and indirect adverse impacts of marijuana dispensaries in local communities. It also recounts several examples that could be emulated of what some governmental officials and law enforcement agencies have already instituted in their jurisdictions to limit the proliferation of marijuana dispensaries and to mitigate their negative consequences. FEDERAL LAW Except for very limited and authorized research purposes, federal law through the Controlled Substances Act absolutely prohibits the use of marijuana for any legal purpose, and classifies it as a banned Schedule I drug, It cannot be legally prescribed as mcdicine by a physician, And, the federal regulation supersedes any state regulation, so that under federal Iaw California medical marijuana statutes do not provide a legal defense for cultivating or possessing marijuana —even with a physician's recommendation for medical use. 0 2009 California Police Chiefs Assn. iv All Rights Reserved CALIFORNIA LAW Although California law generally prohibits the cultivation, possession, transportation, sale, or other transfer of marijuana from one person to another, since late 1996 after passage of an initiative (Proposition 215) later codified as the Compassionate Use Act, it has provided a limited affirmative defense to criminal prosecution for those who cultivate, possess, or use limited amounts of marijuana for medicinal purposes as qualified patients with a physician's recommendation or their designated primary caregiver or cooperative. Notwithstanding these limited exceptions to criminal culpability, California law is notably silent on any such available defense for a storefront marijuana dispensary, and California Attorney General Edmund G. Brown, Jr. has recently issued guidelines that generally find marijuana dispensaries to be unprotected and illegal drug- buffioldng enterprises except in the rare instance that one can qualify as a true cooperative under California law. A primary caregiver must consistently and regularly assume responsibility for the housing, health, or safety of an authorized medical marijuana user, and nowhere does California law authorize cultivating or providing marijuana — medical or non - medical —for profit. California's Medical Marijuana Program Act (Senate Bill 420) provides further guidelines for mandated county programs for the issuance of identification cards to authorized medical marijuana users on a voluntary basis, for the chiefpurpose of giving them a means of certification to show law enforcement officers if such persons are investigated for an offense involving marijuana. This system is currently under challenge by the Counties of Sao Bernardino and San Diego and Sheriff Gary Penrod, pending a decision on review by the U, S. Supreme Court, as is California's right to permit any legal use of marijuana in light of federal law that totally prohibits any personal cultivation, possession, sale, transportation, or use of this substance whatsoever, whether for medical or non - medical purposes. PROBLEMS POSED BY MARIJUANA DISPENSARIES Marijuana dispensaries are commonly large money - making enterprises that will sell marijuana to most anyone who produces aphysician's written recommendation for its medical use, These recommendations can be had by paying unscrupulous physicians a fee and claiming to have most any malady, even headaches. While the dispensaries will claim to receive only donations, no marijuana will change hands without air exchange of money. These operations have been tied to organized criminal gangs, foster large grow operations, and are often multi- million - dollar profit centers. Because they are repositories of valuable marijuana crops and large amounts of cash, several operators of dispensaries have been attacked and murdered by armed robbers both at their storefronts and homes, and such places have been regularly burglarized. Drug dealing, sales to minors, loitering, heavy vehicle and foot traffic in retail areas, increased noise, and robberies of customers just outside dispensaries are also common ancillary byproducts of their operations. To repel store invasions, firearms are often kept on hand inside dispensaries, and firearms are used to hold up their proprietors. These dispensaries are either linked to large marijuana grow operations or encourage home grows by buying marijuana to dispense. And, just as destruefive fires and unhealthful mold in residential neighborhoods are often the result of large indoor home grows designed to supply dispensaries, money laundering also naturally results from dispensaries' likely unlawful operations. © 2009 California Police Chiefs Assn. V All Rights Reserved LOCAL GOVERNMENTAL RESPONSES Local governmental bodies can impose a moratorium on the licensing of marijuana dispensaries while investigating this issue, can ban this type of activity because it violates federal law; can use zoning to control the dispersion of dispensaries and the attendant problems that accompany them in unwanted areas; and can condition their operation on not violating any federal or state law, which is akin to banning them, since their primary activities will always violate federal law as it now exists — and almost surely California law as well. LIABILITY While highly unlikely, local public officials, including county supervisors and city council members, could potentially be charged and prosecuted for aiding and abetting criminal acts by authorizing and licensing marijuana dispensaries if they do not qualify as "cooperatives" under California law, which would be a rare occurrence. Civil liability could also result. ENFORCEMENT OT MARIJUANA LAWS While the Drug Enforcement Administration has been very active in raiding large -scale marijuana dispensaries in California in the recent past, and arresting and prosecuting their principals under federal law in selective cases, the new US. Attorney General, Eric Holder, Jr„ has very recently announced a major change of federal position in the enforcement of federal drug laws with respect to marijuana dispensaries. It is to target for prosecution only marijuana dispensaries that are exposed as fronts for drug trafficking. It remains to be seen what standards and definitions will be used to determine what indicia will constitute a drug trafficking operation suitable to trigger investigation and enforcement under the new federal administration. Some counties, lilce law enforcement agencies in the County of San Diego and County of Riverside, have been aggressive in confronting and prosecuting the operators of marijuana dispensaries under state law, Likewise, certain cities and cowrties have resisted granting marijuana dispensaries business licenses, have denied applications, or have imposed moratoria on such enterprises. :Here, too, the future is uncertain, and permissible legal action with respect to marijuana dispensaries may depend on future court decisions not yet handed down. Largely because the majority of their citizens have been sympathetic and projected a favorable attitude toward medical marijuana patients, and have been tolerant of the cultivation and use of marijuana, other local public officials in California cities and counties, especially in Northern California, have taken a "hands off' attitude with respect to prosecuting marijuana dispensary operators or attempting to close down such operations_ But, because of the life safety hazards caused by ensuing fires that have often erupted in resultant home grow operations, and the violent acts that have often shadowed dispensaries, some attitudes have changed and a few political entities have reversed course after having previously licensed dispensaries and authorized liberal permissible amounts of marijuana for possession by medical marijuana patients in their jurisdictimm These "patients" have most often turned out to be young adults who are not sick at all, but have secured a physician's written recommendation for marijuana use by simply paying the required fee demanded for this document without even first undergoing a physical examination, Too often "medical marijuana" has been used as a srnokescreon for those who want to legalize it and profit off it, and storefront dispensaries established as cover for selling an illegal substance for a lucrative return. © 2009 California Police Chiefs Assn. vi All Flights Reserved WHITE PAPER ON MARIJUANA DISPENSARIES by CALIFORNIA POLICE CHIEFS ASSOCIATION Editor: Dennis Tilton, M,A.Ed,, M.A,Lit., M.C.J., J.D. Adjunct Professor of Criminal Justice, Political Science, & Public Administration, Upper Iowa University Sheriff's Legal Counsel (Retired), San Bernardino County Sheriff's Department INTRODUCTION In November of 1996, California voters passed Proposition 215. The initiative set out to make marijuana available to people with certain illnesses, The initiative was later supplemented by the Medical Marijuana Program Act. Across the state, counties and municipalities have varied in their responses to medical marijuana. Some have allowed businesses to open and provide medical marijuana. Others have disallowed all such establishments within their borders, Several once issued business licenses allowing medical marijuana stores to operate, but no longer do so. This paper discusses the legality of both medical marijuana and the businesses that make it available, and more specifically, the problems associated with medical marijuana and marijuana dispensaries, under whatever name they operate. FEDERAL LAW Federal law clearly and unequivocally states that all marijuana - related activities are illegal. Consequently, all people engaged in such activities are subject to federal prosecution. The United States Supreme Court has ruled that this federal regulation supersedes any state's regulation of marijuana — even California's. (Gonzales v. Raich (2005) 125 S.Ct. 2195, 2215.) "The Supremacy Clause unambiguously provides that if there is any conflict between federal law and state law, federal law shall prevail;' (Gonzales v. Raich, sap,-a.) Even more recently, the 9`' Circuit Court of Appeals found that there is no fundamental right under the United States Constitution to even use medical marijuana, (Raich v. Gonzales (9th Cir. 2007) 500 F.3d 850, 866.) In Gonzales v, Raich, the High Court declared that, despite the attempts of several states to partially legalize marijuana, it continues to be wholly illegal since it is classified as a Schedule I drug under federal law. As such, there are no exceptions to its illegality. (21 USC secs. 812(c), 841(a)(1).) Over the past thirty years, there have been several attempts to have marijuana reclassified to a different schedule which would permit medical use of the drag. All of these attempts have failed. (See Gonzales v, Raich (2005) 125 S.Ct, 2195, fn 23,) The mere categorization of marijuana as "medical" by some states fails to carve out any legally recognized exception regarding the drug. Marijuana, in any form, is neither valid nor legal. Clearly the United Skates Supreme Court is the highest court in the land. Its decisions are final and binding upon all lower courts, The Court invoked the United States Supremacy Clause and the Commerce Clause in reaelting its decision. The Supremacy Clause declares that all laws made in pursuance of the Constitution shall be the "supreme law of the land" and shall be legally superior to any conflicting provision of a state constitution or law. 1 The Commerce Clause states that "the © 2009 California Police Chiefs Assn. 1 AH Rights Reserved Congress shall have power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. " Gonzales v. Raich addressed the concerns of two California individuals growing and using marijuana under California's medical marijuana statute. The Court explained that under the Controlled Substances Act marijuana is a Schedule I drug and is strictly regulated .3 "Schedule I drugs are categorized as such because of their high potential for abuse, lack of any accepted medical use, and absence of any accepted safety for use in medically supervised treatment" (21 USC see. 812(b)(1).) The Court ruled that the Commerce Clause is applicable to California individuals growing and obtaining marijuana for their own personal, medical use. Under the Supremacy Clause, the federal regulation of marijuana, pursuant to the Commerce Clause, supersedes any state's regulation, including California's. The Court found that the California statutes did not provide any federal defense if a person is brought into federal court for cultivating or possessing marijuana. Accordingly, there is no federal exception for the growth, cultivation, use or possession of marijuana and all such activity remains illegals California's Compassionate Use Act of 1996 and Medical Marijuana Program Act of 2004 do not create an exception to this federal law, All marijuana activity is absolutely illegal and subject to federal regulation and prosecution. This notwithstanding, on March 19, 2009, U.S. Attorney General Eric holder, Jr, announced that under the new Obama Administration the U.S. Department of Justice plans to target for prosecution only those marijuana dispensaries that use medical marijuana dispensing as a front for dealers of illegal drugs, CALIFORNXA LAW Generally, the possession, cultivation, possession for sale, transportation, distribution, furnishing, and giving away of marijuana is unlawful under California state statutory law. (See Co. Health & Safety Code sacs. 11357 - 11360.) But, on November 5, 1996, California voters adopted Proposition 215, an initiative statute authorizing the medical use of marijuana. The initiative added California Health and Safety code section 11362.5, which allows "seriously ill Californians the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recotmnended by a physician ..... " g The codified section is known as the Compassionate Use Act of 1996 9 Additionally, the State Legislature passed Senate Bill 420 m2001 It became the Medical Marijuana Program Act and took effect on January 1, 2004. ]e This act expanded the definitions of "patient" and "primary caregiver " and created guidelines for identification cards. 12 It defined the amount of marijuana that "patients," and "primary caregivers" can possess. 13 It also created a limited affimative defense to criminal prosecution for qualifying individuals that collectively gather to cultivate medical marijuana, 14 as well as to the crimes of maltuanapossession, possession for sale, transportation, sale, furnishing, cultivation, and maintenance of places for storage, use, or distribution of marijuana for a person who qualifies as a "patient," a "primary caregiver," or as a member of a legally recognized "cooperative," as those terms are defined within the statutory scheme. Nevertheless, tlrere is no provision in any of these laws that authorizes or protects the establishment of a "dispensary" or other storefrontmarijuana distribution operation. Despite their illegality in the federal context, the medical marijuana laws in California are specific. The statutes craft narrow affirmative defenses for particular individuals with respect to enumerated marijuana activity. All conduct, and people engaging in it, that falls outside of the statutes' parameters remains illegal under California law. Relatively few individuals will be able to assert the affirmative defense in the statute. To use it a person must be a "qualified pationt," "primary caregiver," or a member of "cooperative." Once they are charged with a crime, if a person can prove an applicable legal status, they are entitled to assert this statutory defense. 2009 California Police Chiefs Assn. 2 All Rights Reserved Fortner California Attorney General Bill Lockyer has also spoken about medical marijuana, and strictly construed California law relating to it. His office issued a bulletin to California law enforcement agencies on June 9, 2005. The office expressed the opinion that Gonzales v, Raich did not address the validity of the California statutes and, therefore, bad no affect on California law. The office advised law enforcement to not change their operating procedures. Attorney General hoekyer made the recommendation that law enforcement neither arrest nor prosecute "individuals within the legal scope of California's Compassionate Use Act." Now the current California Attorney General, Edmund G. Brown, 7r., has issued guidelines concerning the handling of issues relating to California's medical marijuana laws and marijuana dispensaries, The guidelines are much tougher on storefront dispensaries — generally finding them to be unprotected, illegal drug- trafficking enterprises if they do not fall within the narrow legal definition of a "cooperative" —than on the possession and use of marijuana upon the recommendation of a physician. When California's medical marijuana laws are shictly construed, it appears that the decision in Gonzales v. Reich does affect California law. However, provided that federal law does not preempt California law in this area, it does appear that the California statutes offer some legal protection to "individuals within the legal scope of the acts. The medical marijuana laws speak to patients, primary caregivers, and true collectives. These people are expressly mentioned in the statutes, and, if their conduct comports to the law, they may have some state legal protection for specified marijuana activity. Conversely, all marijuana establishments that fall outside the letter and spirit of the statutes, including dispensaries and storefront facilities, are not legal. These establishments have no legal protection. Neither the former California Attorney General's opinion nor the current California Attorney General's guidelines present a contrary view. Nevertheless, without specifically addressing marijuana dispensaries, Attorney General Brown has sent his deputies attorney generat to defend the codified Medical Marijuana Program Act against court challenges, and to advance the position that the state's regulations promulgated to enforce the provisions of the codified Compassionate Use Act (Proposition 215), including a statewide database and county identification card systems for marijuana patients authorized by their physicians to use marijuana, are all valid, 1. Conduct California Health and Safety Code sections 11362.765 and 11362.775 describe the conduct for which the affirmative defense is available. If a person qualifies as a "patient," "primary caregiver," or is a member of a legally recognized "cooperative," he or she has an affirmative defense to possessing a defined amount of marijuana. Under the statutes no none than eight ounces of dried marijuana can be possessed. Additionally, either six mature or twelve immature plants may be possessed. If a person claims patient or primary caregiver status, and possesses more than this amount of marijuana, he or she can be prosecuted for drug possession. The qualifying individuals may also cultivate, plant, harvest, dry, and /or process marijuana, but only while still strictly observing the permitted amount of the drug. The statute may also provide a limited affirmative defense for possessing marijuana for sale, transporting it, giving it away, maintaining a marijuana house, knowingly providing a space where marijuana can be accessed, and creating a narcotic nuisance. 16 However, for anyone who cannot lay claim to the appropriate status under the statutes, all instances of marijuana possession, cultivation, planting, harvesting, drying, processing, possession for the purposes of sales, completed sales, giving away, administration, transportation, maintaining of marijuana houses, knowingly providing a space for marijuana activity, and creating a narcotic nuisance continue to be illegal under California law. © 2009 California Police Chiefs Assn. 3 All Rights Reserved 2. Patients and Cardholders A dispensary obviously is not a patient or cardholder. A "qualified patient" is an individual with a physician's recommendation that indicates marijuana will benefit the treatment of a qualifying illness, (Cal. H &S Code secs. 11362.5(b)(1)(A) and 113623(1),) Qualified illnesses include cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief 17 A physician's recommendation that indicates medical marijuana will benefit the treatment of an illness is required before a person can claim to be a medical marijuana patient. Accordingly, such proof is also necessary before a medical marijuana affirmative defense can be claimed, A "person with an identification card" means an individual who is a qualified patient who has applied for and received a valid identification card issued by the State Department of Health Services. (Cal. H &S Code secs. 11362.7(e) and 11362.7(g).) 3. Primary Caregivers The only person or ontity authorized to receive compensation for services provided to patients and cardholders is a primary caregiver. (Cal. H &S Code sec, 11362.77(c),) However, nothing in the law authorizes any individual or group to cultivate or distribute marijuana for profit, (Cal. H &S Code sec, 11362,765(a),) It is important to note that it is almost impossible for a storefront marijuana business to gain true primary caregiver status. Businesses that call themselves "cooperatives," but function like storefront dispensaries, suffer this same fate, In People v. Mower, the court was very clear that the defendant had to prove lie was a primary caregiver in order to raise the medical marijuana affirmative defense. Mr. Mower was prosecuted for supplying two people with ntarijuana.' s He claimed he was their primary caregiver under the medical marijuana statutes, This claim required him to prove he "consistently had assumed responsibility for either one's housing, health, or safety" before he could assert the defense. (Emphasis added,) The key to being a primary caregiver is not simply that marijuana is provided for a patient's health; the responsibility for the health must be consistent; it must be independent of merely providing marijuana for a qualified person; and such a primary caregiver - patient relationship must begin before or contemporaneously with the time of assumption of responsibility for• assisting the individual with marijuana. (People v, Mentch ( 2008) 45 Cal.4th274, 283.) Any relationship a storefront marijuana business has with a patient is much more likely to be transitory than consistent, and to be wholly Iacking in providing for a patient's health needs beyond just supplying him or her with marijuana. A "primary caregiver" is an individual or facility that has "consistently assumed responsibility for the housing, health, or safety of apatient" over Now. (Cal. H &S Code sec. 113625(e).) "Consistency" is the key to meeting this definition. A patient can elect to patronize any dispensary that he or she chooses. The patient can visit different dispensaries on a single day or any subsequent day. The statutory definition includes some clinics, health care facilities, residential care facilities, and hospices. But, in light of the holding in People v. Mentch, supra, to qualify as a primary caregiver, more aid to a person's health must occur beyond merely dispensing marijuana to a given customer. Additionally, if more than one patient designates the same person as the primary caregiver, all individuals must reside in the same city or county. And, in most circumstances the primary caregiver roust be at least 18 years of age, © 2009 California Police Chiefs Assn, 4 All Rights Reserved The courts have found that the act of signing a piece of paper declaring that someone is a primary caregiver does not necessarily make that person one, (See People ex rel, Lungren v. Perron (1997) 59 Ca1.App.4th 1383,1390: "One maintaining a source of marijuana supply, from which all members of the public qualified as permitted medicinal users may or may not discretionarily elect to make purchases, does not thereby become the party `who has consistently assumed responsibility for the housing, health, or safety' of that purchaser as section 11362,5(e) requires. ") The California Legislature had the opportunity to legalize the existence of dispensaries when setting forth what types of facilities could qualify as "primary caregivers." Those included in the list clearly show the Legislature's intent to restrict the definition to one involving a significant and long -term commitment to the patient's health, safety, and welfare. The only facilities which the Legislature authorized to serve as "primary caregivers" are clinics, health care facilities, residential care facilities, home health agencies, and hospices which actually provide medical care or supportive services to qualified patients. (Cal. H &S Code sec. 11362.7(d)(1).) Any business that cannot prove that its relationship with the patient meets these requirements is not a primary caregiver, Functionally, the business is a drug dealer and is subject to prosecution as such. 4. Cooperatives and Collectives According to the California Attorney General's recently issued Guidelines for the Security and Non - ,Diversion of Marijuana Grown forAfedical Use, unless they meet stringent requirements, dispensaries also cannot reasonably claim to be cooperatives or collectives. In passing the Medical Marijuana Program Act, the Legislature sought, in part, to enhance the access of patients and caregivers to medical marijuana through collective, cooperative cultivation programs. (People v. Urziceanu (2005) 132 Cal.App.4th 747, 881.) The Act added section 11362.775, which provides that "Patients and caregivers who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions" for the crimes of marijuana possession, possession for sale, transportation, sale, furnishing, cultivation, and maintenance of places for storage, use, or distribution of marijuana. However, there is no authorization for any individual or group to cultivate or distribute marijuana for profit. (Cal. H &S Code sec. 11362.77(a),) If a dispensary is only a storefront distribution operation open to the general public, and there is no indication that it has been involved with growing or cultivating marijuana for the benefit of members as a non - profit enterprise, it will not qualify as a cooperative to exempt it from criminal penalties under California's marijuana laws. Further, the common dictionary definition of "collectives" is that they are organizations jointly managed by those using its facilities or services. Legally recognized cooperatives generally possess "the following features: control and ownership of each member is substantially equal; members are limited to those who will avail themselves of the services furnished by the association; transfer of ownership interests is prohibited or limited; capital investment receives either no return or a limited return; economic benefits pass to the members on a substantially equal basis or on the basis of their patronage of the association; members are not personally liable for obligations of the association in the absence of a direct undertaking or authorization by them; death, bankruptcy, or withdrawal of one or more members does not terminate the association; and [the] services of the association are furnished primarily for the use of the members: i Marijuana businesses, of any kind, do not normally meet this legal definition. 0 2099 California Police Chiefs Assn, 5 All Rights Reserved Based on the foregoing, it is clear that virtually all marijuana dispensaries are not legal enterprises under either federal or state law. LAWS IN OTHER STATES Besides California, atthe time of publication of this White Paper, thirteen other states have enacted medical marijuana laws on their books, whereby to some degree marijuana recommended or prescribed by a physician to a specified patient may be legally possessed. These states are Alaska, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington. And, possession of marijuana under one ounce has now been decriminalized in Massachusetts. 21 STOREFRONT MARIJUANA DISPENSARIES AND COOPERATIVES Since the passage of the Compassionate Use Act of 1996, many storefront marijuana businesses have opened in California. Some are referred to as dispensaries, and some as cooperatives; but it is how they operate that removes them from any umbrella of legal protection. These facilities operate as if they are pharmacies. Most offer different types and grades of marijuana, Some offer baked goods that containmarijuana. Monetary donations are collected from the patient or primary caregiver when marijuana or food items are received. The items are not technically sold since that would be a criminal violation of the statutes. 24 These facilities are able to operate because they apply for and receive business licenses from cities and counties. Federally, all existing storefront marijuana businesses are subject to search and closure since they violate federal law. Their more existence violates federal law. Consequently, they have no right to exist or operate, and arguably cities and counties in California have no authority to sanction them. Similarly, in California there is no apparent authority for the existence of these storefront marijuana businesses. The Medical Marijuana Program Act of 2004 allows patients and primary caregivers to grow and cultivate marijuana, and no one else. Although California Health and Safety Code section 11362.775 offers some state legal protection for true collectives and cooperatives, no parallel protection exists in the statute for any storefront business providing any narcotic. The common dictionary definition of collectives is that they are organizations jointly managed by those using its facilities or services. Legally recognized cooperatives generally possess "the following features; control and ownership of each member is substantially equal; members are limited to those who will avail themselves of the services furnished by the association; transfer of ownership interests is prohibited or limited; capital investment receives either no return or a limited return; economic benefits pass to the members on a substantially equal basis or on the basis of their patronage of the association; members are not personally liable for obligations of the association in the absence of a direct undertaking or authorization by them; death, banlcruptcy or withdrawal of one or more members does not terminate the association; and [the] services of the association are furnished primarily for the use of the members.s Marijuana businesses, of any kind, do not meet this legal definition. Actual medical dispensaries are commonly defined as offices in hospitals, schools, or other institutions from which medical supplies, preparations, and treatments are dispensed, Hospitals, hospices, home health care agencies, and the like are specifically included in the code as primary caregivers as long as they have `consistently assumed responsibility for the housing, health, or safety" of a patient, Clearly, it is doubtful that any of the storefront marijuana businesses currently © 2009 California Police Chiefs Assn. 6 All Rights Reserved existing in California can claim that status. Consequently, they are not primary caregivers and are subject to prosecution under both California and federal laws. HOW EXISTING DISPENSARIES OPERATE Despite their clear illegality, some cities do have existing and operational dispensaries. Assuming, arguendo, that they may operate, it may be, helpful to review the mechanics of the business, The former Green Cross dispensary in San Francisco illustrates haw a typical marijuana dispensary works. A guard or employee may check for medical marijuana cards or physician recommendations at the entrance. Many types and grades of marijuana are usually available. Although employees are neither pharmacists nor doctors, sales clerks will probably make recommendations about what type of marijuana will best relieve a given medical symptom. Baked goods containing marijuana may be available and sold, although there is usually no healthpermit to sell baked goods. The dispensary will give the patient a form to sign declaring that the dispensary is their "primary caregiver" (a process fraught with legal difficulties). The patient then selects the marijuana desired and is told what the "contribution" will be for the product. The California IIcalth & Safety Code specifically prohibits the sale of marijuana to a patient, so "contributions" are made to reimburse the dispensary for its time and care in making "product" available. However, if a calculation is made based on the available evidence, it is clear that these "contributions" can easily add up to millions of dollars per year. That is a very large cash flow for a "non- profit" organization denying any participation in the retail sale ofnarcotics. Before its application to renew its business license was denied by the City of San Francisco, there were single days that Green Cross sold $45,000 worth of marijuana. On Saturdays, Green Cross could sell marijuana to forty -three patients an hour. The marijuana sold at the dispensary was obtained from growers who brought it to the store in backpacks. A medium - sized backpack would hold approximately $16,000 worth of marijuana. Green Cross used many different marijuana growers. It is clear that dispensaries are ruining as if they are businesses, not legally valid cooperatives. Additionally, they claim to be the "primary caregivers" of patients. This is a spurious claim. As discussed above, the term "primary caregiver" has a very specific meaning and defined legal qualifications. A primary caregiver is an individual who has "consistently assumed responsibility for the housing, health, or safety of a patient." 30 The statutory definition includes some clinics, health care facilities, residential care facilities, and hospices. If more than one patient designates the same person as the primary caregiver; all individuals must reside in the same city or county. In most circumstances the primary caregiver must be at least 18 years of age. It is almost impossible for a storefront marijuana business to gain true primary caregiver status. A business would have to prove that it "consistently had assumed responsibility for [a patient's] housing, health, or safaty. ,31 The key to being a primary caregiver is not simply that marijuana is provided for a patient's health: the responsibility for the patient's health must be consistent. As seen in the Green Cross example, a storefront marijuana business's relationship with a patient is most likely transitory. In order to provide a qualified patient with marijuana, a storefront marijuana business must create an instant "primary caregiver" relationship with him. The very tact that the relationship is instant belies any consistency in their relationship and the requirement that housing, health, or safety is consistently provided. Courts have found that a patient's act of signing a piece of paper declaring that someone is a primary caregiver does not necessarily make that person one. The © 2009 California Police Chiefs Assn. 7 All Rights Reserved consistent relationship demanded by the statute is more fiction if it can be achieved between an individual and a business that functions like a narcotic retail store. ADVERSE SECONDARY EFFECTS OF MARIJUANA DISPENSARIES AND S0 1LIARLY OPERATING COOPERATIVES Of great concern are the adverse secondary effects of these dispensaries and storefront cooperatives. They are many. Besides flouting federal law by selling a prohibited Schedule I drag under the Controlled Substances Act, marijuana dispensaries attract or cause numerous ancillary social problems as byproducts of their operation. The most glaring of these are other criminal acts. ANCILLARY CRIMES A. ARMED ROBBERIES AND MURDERS Throughout California, many violent crimes have been committed that can be traced to the proliferation of marijuana dispensaries. These include armed robberies and murders. For example, as far back as 2002, two home occupants were shot in Willits, California in the course of a home - invasion robbery targeting medical mmi uma. And, a series of four armed robberies of a marijuana dispensary in Santa Barbara, California occurred through August 10, 2006, in which thirty dollars and fifteen buggies filled with marijuana on display were taken by force and removed from the premises in the latest holdup. The owner said he failed to report the first three xobbeiies because "medical marijuana is such a controversial issue." 33 On February 25, 2004, in Mendocino County two masked thugs committed a home invasion robbery to steal medical marijuana. They held a knife to a 65- year -old man's throat, and though he fought back, managed to get away with large amounts of marijuana. They were soon caught, and one of the men received a sentence of six years in state prison. 34 And, on August 19, 2005, 18- year -old Demarco Lowrey was "shot in the stomach" and "bled to death" during a gunfight with the business owner when he and his frionds attempted a takeover robbery of a storefront marijuana business in the City of San Leandro, California. The owner fought back with the hooded home invaders, and a gun battle ensued, Demarco Lowery was hit by gunfire and "dumped outside the emergency entrance of Children's Hospital Oakland" after the shootout 35 He did not survive. Near Hayward, California, on September 2, 2005, upon leaving a marijuana dispensary, a patron of the CCA Cannabis Club had a gun put to his head as he was relieved of over $250 worth of pot, Three weeks later, another break -in occurred at the Garden of Eden Cannabis Club in September of 2005 " Another known marijuana dispensary - related murder occurred on November 19, 2005. Approximately six gun- a-ad bat - wielding burglars broke into Les Crane's home in Laytonville, California while yelling, "This is a raid." Les Crane, who owned two storefront marijuana businesses, was at home and shot to death. He received gunshot wounds to his head, arm, and abdomen. Another man present at the time was beaten with abaseball bat, The murderers left the home after taking an unknown stun of U.S. currency and a stash of processed madjuana. Then, on 7anuary 9, 2007, marijuana plant cultivator Rex Farrance was shot once in the chest and killed in his own home after four masked intruders broke in and demanded money. When the homeowner ran to fetch a firearm, he was shot dead. The robbers escaped with a small amount of © 2009 California police Chiefs Assn, 8 All Rights Reserved cash and handguns. Investigating officers counted 109 marijuana plants in various phases of cultivation inside the house, along with two digital scales and just under 4 pounds of cultivated marijuana 40 More recently in Colorado, Ken Gorman, a former gubernatorial candidate and dispenser of marijuana who had been previously robbed over twelve times at his home in Denver, was found murdered by gunshot inside his home. He was a prominent proponent of medical marijuana and the legalization of marijuana. 4 1 S, BURGLARIES In June of 2007, after two burglarizing youths in Bellflower, California were caught by the homeowner trying to steal the fruits of his indoor marijuana grow, he shot one who was running away, and killed him. And, again in January of 2007, Claremont Councilman Corey Calayce y went on record calling marijuana dispensaries "crime magnets" after a burglary occurred in one in Claremont, California, 43 On July 17, 2006, the El Cerrito City Council voted to ban all such marijuana facilities. It did so after reviewing a nineteen -page report that detailed a rise in crime near these storefront dispensaries in other cities. The crimes included robberies, assaults, burglaries, murders, and attempted murders. Even though marijuana storefront businesses do not currently exist in the City of Monterey Park, California, it issued a moratorium on them after studying the issue in August of 2006. After allowing these establishments to operate within its borders, the City of West Hollywood, California passed a similar moratorium. The moratorium was `prompted by incidents of armed burglary at some of the city's eight existing pot stores and complaints from neighbors about increased pedestrian and vehicle traffic and noise , . , " 4E C. TRAFFIC, NOISE, AND DRUG DEALING Increased noise and pedestrian traffic, including nonresidents in pursuit of marijuana, and out of area criminals in search of prey, are commonly encountered just outside marijuana di8pen=ic8, as well as drug- related offenses in the vicinity —like resales ofproductsjust obtained inside —since these marijuana centers regularly attract marijuana growers, drug users, and drug traffickers. Sharing just purchased inatijuana outside dispensaries also regularly takes place. Rather than the "seriously ill," for whom medical marijuana was expressly imanded, "'perfectly healthy' young people frequenting dispensaries" axe a much more common sight 51 Patient records seized by law enforcement officers from dispensaries during raids in San Diego County, California in December of 2005 "showed that 72 percent of patients were between 17 and 40 years old , . , . "$ Said one admitted marijuana trafficker, "The people I deal with are the same faces I was dealing with 12 years ago but now, because of Senate 3111420, they are supposedly legit. I can totally see why cops are bummed. 03 Reportedly, a security guard sold half a pound of marijuana to an undercover officer just outside a dispensary in Morro Bay, California," And, the more presence of marijuana dispensaries encourages illegal growers to plant, cultivate, and transport evermore marijuana, in order to supply and sell their crops to these storefront operators in the thriving medical marijuana dispensary market, so that die national domestic marijuana yield has been estimated to be 35,8 billion dollars, of which a 13,8 billion dollar share is California grown. It is a big business. And, although the operators of some dispensaries will claim that they only accept monetary contributions for the products they © 2009 California Police Chiefs Assn. 9 All Flights Reserved dispense, and do not sell marijuana, a patron will not receive any marijuana until an amount of money acceptable to the dispensary has changed hands. D. ORGANIZED CRIME, MONEY LAUNDERING, AND FIREARMS VIOLATIONS Increasingly, reports have been surfacing about organized crime involvement in the ownership and operation of marijuana dispensaries, including Asian and other criminal street gangs and at least one member of the Armenian Mafia. 56 The dispensaries or "pot clubs" are often used as a front by organized crime gangs to traffic in drugs and launder money. One such gang whose territory included San Francisco and Oakland, California reportedly ran a multi- million dollar business operating ten warehouses in which vast amounts of marijuana plants were grown. Besides seizing over 9,000 marijuana plants during surprise raids on this criminal enterprise's storage facilities, federal officers also confiscated three fireanns, which seem to go hand in hand with medical marijuana cultivation and dispensaries S 9 Marijuana storefront bushresses have allowed criminals to flourish in California. In the summer of 2007, the City of San Diego cooperated with federal authorities and served searchwaiTants on several marijuana dispensary locations. In addition to marijuana, many weapons were recovered, including a stolen handgun and an M -16 assaultrifle. The National Thug Intelligence Center reports that marijuana growers are employing armed guards, using explosive booby traps, and murdering people to shield their crops. Street gangs of all national origins are involved in transporting and distributing marijuana to meet the ever increasing demand for the drug." Active Asian gangs have included members of Vietnamese organized crime syndicates who have migrated from Canada to buy homes throughout the United States to use as grow house86 Some or all of the processed harvest of marijuanaplants nurtured in these homes then wind up at storefront marijuana dispensaries owned and operated by these gangs. Storefront marijuana businesses are very dangerous enterprises that thrive on ancillary grow operations. Besides fueling marijuana dispensaries, some monetary proceeds from the sale of harvested marijuana derived from plants grown inside houses are being used by organized mirne syndicates to fund other legitimate businesses for profit and the laundering of money, and to conduct illegal business operations like prostitution, extortion, and drug trafficking. Money from residential grow operations is also sometimes traded by criminal gang members for firearms, and used to buy drugs, personal vehicles, and additional houses for more grow operation8, and along with the illegal income derived from large -scale organized crime - related marijuana production operations comes widespread income tax evasion. 65 E. POISONINGS Another social problem somewhat unique to marijuana dispensaries is poisonings, both intentional and unintentional, On August 16, 2006, the Los Angeles Police Department received two such reports, One involved a security guard who ate a piece of cake extended to him from all operator of a marijuana clinic as a "gift," and soon afterward felt dizzy and disoriented. The second incident concerned a UPS driver who experienced similar symptoms after accepting and eating a cookie given to him by an operator of a different marijuana clinic. OO 2009 California Police Chiefs Assn. 10 All Rights Reserved OTUEA ADVERSE SECONDARY IMPACTS IN THE IMMEDIATE VICINITY OF DISPENSARIES Other adverse secondary pnpacts from the operation of marijuana dispensaries include street dealers lurking about dispensaries to offer a lowerprice for marijuana to arriving patrons; marijuana smoking in public and in front of children in the vicinity of dispensaries; loitering and nuisances; acquiring marijuana and /ox money by means of robbery of patrons going to or leaving dispensaries; an increase in burglaries at or near dispensaries; aloss of trade for other commercial businesses located near dispensaries; the sale at dispensaries of other illegal drugs besides marijuana; an increase in traffic accidents and driving under the influence arrests in which marijuana is implicated; and the failure of marijuana dispensary operators to report robberies to police. 68 SECONDARY ADVERSE IMPACTS IN THE COMMUNITY AT LARGE A. UNJUSTIFIED AND FICTITIOUS PHYSICIAN RECOMMENDATIONS California's legal requirement under California health and Safety Code section 11362.5 that a physician's recommendation is required for a patient or caregiver to possess medical marijuana has resulted in other rmdesirable outcomes; wholesale issuance of recommendations by unscrupulous physicians seeking a quick buck, and the proliferation of forged or fictitious physician recommendations. Some doctors link up with a marijuana dispensary and take up temporary residence in a local hotel room where they advertise their appearance in advance, and pass out medical marijuana use recommendations to a line of "patients" at "about $150 a pop.s Other individuals just make up thew own phony doctor recommendations, 0 which are seldom, if ever, scrutinized by dispensary employees for authenticity. Undercover DEA agents sporting fake medical marijuana recommendations were readily able to purchase marijuana firm a ciinic. Far too often, California's medical marijuana law is used as a smokescreen for healthy pot users to get their desired drug, and for proprietors of marijuana dispensaries to make money off them, without suffering any legal repercussions. 72 On March 11, 2009, the Osteopathic Medical Board of California adopted the proposed decision revoking Dr. Alfonso Jimenez's Osteopathic Physician's and Surgeon's Certificate and ordering him to pay $74,323.39 in cost recovery, Dr. Jimenez operated multiple marijuana clinics and advertised his services extensively on the Internet. Based on information obtained from raids on marijuana dispensaries in San Diego, in May of 2006, the San Diego Police Department ran two undercover operations on Dr. Jimenez's clinic in San Diego. In January of 2007, a second undercover operation was conducted by the Laguna Beach Police Department at Dr. Jimenez's clinic in Orange County. Based on the results of the undercover operations, the Osteopathic Medical Board charged Dr. Jimenez with gross negligence and repeated negligent acts in the treatment of undercover operatives posing as patients. After a six -day hearing, the Administrative Law Judge (ALJ) issued her decision finding that Dr. Jimenez violated the standard of care by co rtaitting gross negligence and repeated negligence in care, treatment, and management of patients when he, among other things, issued . medical marijuana recommendations to the undercover agents without conducting adequate medical examinations, failed to gain pxoper informed consent, and failed to consult with any primary care and /or treating physicians or obtain and review prior medical records before issuing medical marijuana recommendations. The ALJ also found Dr. Jimenez engaged in dishonest behavior by preparing false and /or misleading medical records and disseminating false and misleading advertising to the public, including representing himself as a "Cannabis Specialist" and "Qualified Medical Marijuana Examiner" when no such formal specialty or qualification existed. Absent any © 2009 California Police Chiefs Assn. 11 All Rights Reserved requested administrative agency reconsideration or petition for court review, the decision was to become effective April 24, 2009, B. PROLIFERATION OF GROW I ;OUSES IN RESIDENTIAL AREAS In. recent years the proliferation of grow houses in residential neighborhoods has exploded, This phenomenon is country wide, and ranges from the purchase for purpose of marijuana grow operations of small dwellings to "high priced McMansions .... " Mushrooming residential marijuana grow operations have been detected in California, Connecticut, Florida, Georgia, New Hampshire, North Carolina, Ohio, South Carolina, and Texas 7 In 2007 alone, such illegal operations were detected and shut down by federal and state law enforcement officials in 41 houses in California, 50 homes in Florida, and 1I homes in New Hampshire, Since then, the number of residences discovered to be so impacted has increased exponentially. Part of this recent influx of illicit residential grow operations is because the "THC -rich 'B. C. bud' strain" of marijuana originally produced in British Columbia "can be grown only in controlled indoor environments," and the Canadian market is now reportedly saturated with the product of "competin� Canadian gangs," often Asian in composition or outlaw motorcycle gangs like the Halls Angels, 6 Typically, a gutted house can hold about 1,000 plants that will each yield almost half a pound of smokable marijuana; this collectively nets about 500 pounds of usable marijuana per harvest, with an average of three to four harvests per year. With a street value of $3,000 to $5,000 per pound" for high- potency marijuana, and such multVe harvests, "a successful grow house can bring in between $4.5 million and $10 million a year ...." s The high potency of hydroponically grown marijuana can command a price as much as six times higher than commercial grade matijuana. C. LI F SAFETY HAZARDS CREATED BY GROW HOUSES In Humboldt County, California, structure fires caused by unsafe indoor marijuana grow operations have become commonplace. The city of Arcata, which sports four marijuana dispensaries, was the site of a house fire in which a fan had fallen over and ignited afire; it had been turned into a grow house by its tenant. Per Arcata Police Chief Randy Mendosa, altered and makeshift "no code" electrical service connections and overloaded wires used to operate high- powered grow lights and fans are common causes of the fires. Large indoor marijuana growing operations can create such excessive draws of electricity that PG &E power polo transformers are commonly blown. An average 1,500 - square -foot tract house used for growing marijuana can generate monthly electrical bills from $1,000 to $3,000 per month. From an environmental standpoint, the carbon footprint from greenhouse gas emissions created by large indoor marijuana grow operations should be a major concern for every community in terms of complying with Air Board AB -32 regulations, as well as other greenhouse gas reduction policies. Typically, air vents are out into roofs, water seeps into carpeting, windows are blacked out, holes are cut in floors, wiring is jury- rigged, and electrical circuits are overloaded to operate grow lights and other apparatus. When fires start, they spread quickly. The May 31, 2008 edition of the Los Angeles Times reported, "Law enforcement officials estimate that as many as 1,000 of the 7,500 homes in this Humboldt County community are being used to cultivate marijuana, slashing into the housing stock, spreading building- safety problems and sowing neighborhood discord." Not surprisingly, In this bastion of liberal pot possession rules that authorized the cultivation of up to 99 plants for medicinal purpose, most structural fires in the community of Arcata have been of late associated with marijuana cultivation. Chief of Police Mendosa clarified that the actual number of marijuana grow houses in Arcata has been an ongoing subject of public debate. Mendosa added, "We know there are numerous grow houses in almost every neighborhood in and around the city, which has been the source of constant citizen complaints." House fires caused by © 2000 California Police Chiefs Assn. 12 All Rights Reserved grower - installed makeshift electrical wiring or tipped electrical fans are now endemic to Humboldt County. ChiefMendosa also observed that since marijuana has an illicit street value of up to $3,000 per pound, marijuana grow houses have been susceptible to violent armed home invasion robberies. Large -scale marijuana grow houses have removed significant numbers of affordable houses from the residential rental market, When property owners discover their rentals are being used as grow houses, the residences are often left with major structural damage, which includes air vents cut into roofs slid floors, water damage to floors and walls, and mold, The Time 9, 2008 edition of the New York 77mes shows an unidentified Arcata man tending his indoor grow; the man claimed he can make $25,000 every three months by selling marijuana grown in the bedroom of his rented honse. Claims of ostensible medical marijuana growing pursuant to California's medical marijuana laws are being advanced as a mostly false shield in an attempt to justify such illicit operations, Neither is fire an uncommon occurrence at grow houses elsewhere across the nation. Another occurred not long ago in holiday, Florida. To compound matters further, escape routes for firefighters are often obstructed by blocked windows in grow houses, electric wiring is tampered with to steal electricity, and some residences are even booby - trapped to discourage and repel unwanted intruders 84 D. INCREASED ORGANIZED GANG ACTIVITIES Along with marijuana dispensaries and the grow operations to support them come members of organized criminal gangs to operate and profit from them. Members of an ethnic Chinese drug gang were discovered to have operated 50 indoor grow operations in the San Francisco Bay area, while Cuban- American crime organizations have been found to be operating grow houses in Florida and elsewhere in the South. A Vietnamese drug ring was caught operating 19 grow houses in Seattle and Paget Sound, Washington. 85 In July of 2008, over 55 Asian gang members were indicted for narcotics trafficking in marijuana and ecstasy, including members of the Hop Sing Gang that had been actively operating marijuana grow operations in Ells Grove and elsewhere in the vicinity of Sacramento, California. E, EXPOSURE OF MINORS TO MARIJUANA Minors who arc exposed to marijuana at dispensaries or residences where marijuana plants are grown may be subtly influenced to regard it as a generally legal drug, and inclined to sample it. In grow houses, children are exposed to dangerous fire and health conditions that are inherent in indoor grow operations, S7 Dispensaries also sell marijuana to minors. T. IMPAIRED PUBLIC HEALTH Indoor marijuana grow operations emit a slunk -like odor, and foster generally unhealthy conditions like allowing chemicals and fertilizers to be placed in the open, an increased carbon dioxide level within the grow house, and the accumulation of mold, 90 all of which are dangerous to any children or adults who may be living in the residence, 91 although many grow houses are uninhabited. © ?.009 California Pollee Chiefs Assn. 13 All Rights Reserved G. LOSS OF BUSINESS TAX REVENUE When business suffers as a result of shoppers staying away on account of traffic, blight, crime, and the undesirability of a particular business district known to be frequented by drug users and traffickers, and organized criminal gang members, a city's tax revenues necessarily drop as a direct consequence. H, DECREASED QUALITY OF LIFE IN DETERIORA'T'ING NEIGHBORHOODS, BOTH BUSINESS AND RESIDENTIAL Marijuana dispensaries bring in the criminal element and loiterers, which in tam scare off potential business patrons of nearby legitimate businesses, causing loss of revonues and deterioration of the affected business district. Likewise, empty homes used as grow houses emit noxious odors in residential neighborhoods, project irritating sounds of whirring fans, 92 and promote the din of vehicles coming and going at all hours of the day and night. Near harvest time, rival growers and other uninvited enterprising criminals sometimes invade grow houses to beat "clip crews" to the site and rip off mature plants ready for harvesting. As a result, violence often erupts from confrontations in the affected residential neighborhood, ULTIMATE CONCLUSIONS REGARDING ADVERSE SECONDARY EFFECTS On balance, any utility to medical marijuana patients in care giving and convenience that marijuanal dispensaries may appear to have on the surface is enormously outweighed by a much darker reality that is punctuated by the many adverse secondary effects created by their presence in communities, recounted here. These drag distribution centers have even proven to be unsafe for their own proprietors. POSSIBLE LOCAL GOVERNMENTAL RESPONSES TO MARIJUANA DISPENSARIES A. IMPOSED MORATORIA BY ELECTED LOCAL GOVERNMENTAL OFFICIALS While in the process of investigating and researching the issue of licensing marijuana dispensaries, as an interim measure city councils may enact date - specific moratoria that expressly prohibit the presence of marijuana dispensaries, whether for medical use or otherwise, and prohibiting the sale of marijuana in any form on such premises, anywhere within the incorporated boundaries of the city until a specified date. Before such a moratorium's date of expiration, the moratorium may then either be extended or a city ordinance enacted completely prohibiting or otherwise restricting the establishment and operation of marijuana dispensaries, and the sale of all marijuana products on such prem ses, County supervisors can do the same with respect to marijuana dispensaries sought to be established within the unincorporated areas of a county, Approximately 80 California cities, including the cities of Antioch, Brentwood, Oakley, Pinole, and Pleasant Hill, and 6 counties, including Contra Costa County, have enacted moratoria banning the existence of marijuana dispensaries. In a novel approach, the City of Arcata issued a moratorium on any new dispensaries in the downtown area, based on no agricultural activities being permitted to occur there. 94 © 2009 California Police Chiefs Assn. 14 All Rights Reserved B. IMPOSED BANS BY ELECTED LOCAL GOVERNMENTAL OFFICIALS While the Compassionate Use Act of 1996 permits seriously ill persons to legally obtain and use marijuana for medical purposes upon a physician's recommendation, it is silent on marijuana dispensaries and does not expressly authorize the sale of marijuana to patients or primary caregivers. Neither Proposition 215 nor Senate Bill 420 specifically authorizes the dispensing of marijuana in any form from a storefront business, And, no state statute In exists that expressly permits the licensing or operation of marijuana dispensanes. Consequently, approximately 39 California cities, including the Cities of Concord and San Pablo, and 2 counties have prohibited marijuana dispensaries within their respective geographical boundaries, while approximately 24 cities, including the City of Martinez, and 7 counties have allowed such dispensaries to do business within their jwisdictions. Even the complete prohibition of marijuana dispensaries within a given locale cannot be found to ran afoul of current California law with respect to permitted use of marijuana for medicinal purposes, so long as the growing or use of medical marijuana by a city or county resident in conformance with state law is not proscribed. In November of 2004, the City of Brampton in Ontario, Canada passed The Grow House Abatement By -law, which authorized the city council to appoint inspectors and local police officers to inspect suspacted grow houses and render safe hydro meters, unsafe wiring, booby traps, and any violation of the Fite Code or Building Cade, and remove discovered controlled substances and aacillary equipment designed to grow and manufacture such substances, at the involved homeowner's cost. And, after state legislators became appalled at the proliferation of for -profit residential grow operations, the State of Florida passed the Marijuana Grow House Eradication act (House Bill 173) in June of 2008. The governor signed this bill into law, making owning a house for the purpose of cultivating, packaging, and distributing marijuana a third- degree felony; growing 25 or more marijuana plants a second - dogree felony; and growing "25 or more marijuana plants in a home with cbildren present" a first - degree felmry. It has been estimated that approximately 17,500 marijuana grow operations were active in late 2007. To avoid becoming a dumping ground for organized crime syndicates who decide to move their illegal grow operations to a more receptive legislative environment, California and other states might be wise to quickly follow suit with similar bills, for it may already be happening. C. IMPOSED RESTRICTED ZONING AND OTHER REGULATION BY ELECTED LOCAL GOVERNMENTAL OFFICIALS If so inclined, rather than completely prohibit marijuana dispensaries, through their zoning power city and county officials have the authority to restrict owner operators to Iocate and operate so- called "medical marijuana dispensaries" in prescribed geographical areas of a city or designated unincorporated areas of a cormty, and require them to meet prescribed licensing requirements before being allowed to do so. This is a risky course of action though for would -be dispensary operators, and perhaps lawmakers too, since federal authorities do not recognize any lawful right for the sale, purchase, or use of marijuana for medical use or otherwise anywhere in the United States, including California. Other cities and counties have included as a condition of licensure for dispensaries that the operator shall "violate no federal or state law," which puts any applicant in a "Catch -22" situation since to federal authorities any possession or sale of marijuana is automatically a violation of federal law. Still other municipalities have recently enacted or revised comprebonsive ordinances that address a variety of medical marijuana issues. For example, according to the City of Arcata Community O 2009 Callfornla Police Chiefs Assn. 15 All Rights Reserved Development Department in Arcata, California, in response to constant citizen complaints from what had become an extremely serious community problem, the Arcata City Council revised its Land Use Standards for Medical Marijuana Cultivation and Dispensing, 7n December of 2008, City of Arcata Ordinance #1382 was enacted. It includes the following provisions: "Categories: 1. Personal Use 2. Cooperatives or Collectives Medical Marijuana for Personal Use: An individual qualified patient shall be allowed to cultivate medical marijuana within his /her private residence in conformance with the following standards: I. Cultivation area shall not exceed 50 square feet and not exceed ten feet (101 in height a. Cultivation lighting shall not exceed 1200 watts; b. Gas products (CO2, butane, etc.) for medical marijuana cultivation or processing is prohibited. e. Cultivation and sale is prohibited as a Home Occupation (sale or dispensing is prohibited), d. Qualified patient shall reside in the residence where the medical marijuana cultivation occurs; e. Qualified patient shall not participate in medical marijuana cultivation in any other residence. £ Residence kitchen, bathrooms, and primary bedrooms shall not be used primarily for medical marijuana cultivation; g. Cultivation area shall comply with the California Building Code § 1203.4 Natural Ventilation or § 402.3 Mechanical Ventilation. L The medical marijuana cultivation area shall not adversely affect the health or safety of the nearby residents. 2, City Zoning Administrator my approve up to 100 square foot: a, Documentation showing why the 50 square foot cultivation area standard is not feasible, b, include written permission from the property owner. c. City Building Official must inspect for California Building Code and Fire Code. d, At a minimum, the medical marijuana cultivation area shall be constructed with a I- hour firewall assembly of green board. e. Cultivation of medical marijuana for personal use is limited to detached single family residential properties, or the medical marijuana cultivation area shall be limited to a garage or self-contained outside accessory building that is secured, locked, and fully enclosed, .Medical Marijuana Cooperatives or Collectives. I. Allowed with a Conditional Use Permit, 2, In Commercial, Industrial, and Public Facility Zoning Districts, 3. Business form must be a cooperative or collective. 4. Existing cooperative or collective shall be in full compliance within one year. 5, Total number of medical marijuana cooperatives or collectives is limited to four and ultimately two. 6. Special consider'at'ion if located within a. A 300 foot radius from any existing residential zoning district, b. Within 500 feet of any other medical marijuana cooperative or collective. © 2009 California Police Chiefs Assn. 16 All Rights Reserved c. Within 500 feet from any existing public park, playground, day care, or school. 7. Source of medical marijuana. a. Permitted Cooperative or Collective. On -site medical marijuana cultivation shall not exceed twenty -five (25) percent of the total floor area, but in no case greater than 1,500 square feet and not exceed ten feet (10') in height. b. Off-site Permitted Cultivation. Use Permit application and be updated annually. C. Qualified Patients. Medical marijuana acquired from an individual qualified patient shall received no monetary remittance, and the qualified patient is a member of the medical marijuana cooperative or collective. Collective or cooperative may credit its members for medical marijuana provided to the collective or cooperative, which they may allocate to other members. 8. Operations Manual at a minimum include the following information: a. Staff screening process including appropriate background checks. b. Operating hours. c. Site, floor plan of the facility. d. Security measures located on the premises, including but not limited to, lighting, alarms, and automatic law enforcement notification. e. Screening, registration and validation process for qualified patients. f. Qualified patient records acquisition and retention procedures, g. Process for tracking medical marijuana quantities and inventory controls including on -site cultivation, processing, and /or medical marijuana products received from outside sources. h, Measures taken to minimize or offset energy use from the cultivation or processing of medical marijuana. i. Chemicals stored, used and any effluent discharged into the City's wastewater and /or storm water system. 9. Operating Standards. a. No dispensing medical marijuana more than twice a day, b. Dispense to an individual qualified patient who has a valid, verified physician's recommendation. The medical marijuana cooperative or collective shall verify that the physician's recommendation is current and valid. c. Display the client rules and /or regulations at each building entrance. d. Smoking, ingesting or consuming medical marijuana on the premises or in the vicinity is prohibited. C. Persons under the age of eighteen (18) are precluded from entering the premises. f. No on -site display of marijuana plants. g. No distribution of live plants, starts and clones on through Use Permit. h. Permit the on -site display or sale of marijuana paraphernalia only through the Use Permit. i. Maintain all necessary permits, and pay all appropriate taxes. Medical marijuana cooperatives or collectives shall also provide invoices to vendors to ensure vendor's tax liability responsibility; j. Submit an "Annual Performance Review Report" which is intended to identify effectiveness of the approved Use Permit, Operations Manual, and Conditions of Approval, as well as the identification and implementation of additional procedures as deemed necessary. k. Monitoring review fees shall accompany the "Annual Performance Review Report" for costs associated with the review and approval of the report. 10. Permit Revocation or Modification, A use permit may be revoked or modified for non- compliance with one or more of the items described above," 0 2009 California Police Chiefs Assn. 17 All Rights Reserved LIABILITY ISSUES With respect to issuing business licenses to marijuana storefront facilities a very real issue has arisen: counties and cities are arguably aiding and abetting criminal violations of federal law. Such actions clearly put the counties permitting these establishments in very precarious legal positions. Aiding and abetting a crime occurs when someone commits a crime, the person aiding that crime knew the criminal offender intended to commit the crime, and the person aiding the crime intended to assist the crminal offender in the commission of the crime. The legal definition of aiding and abetting could be applied to counties and cities allowing marijuana facilities to open. A county that has been informed about the Gonzales v. Raich decision knows that all marijuana activity is federally illegal, Furthermore, such counties know that individuals involved in the marijuana business are subject to federal prosecution. When an individual in California cultivates, possesses, transports, or uses marijuana, he or she is committing a federal crime, A county issuing a business license to a marijuana facility knows that the people there are committing federal crimes. The county also knows that those involved in providing and obtaining marijuana are intentionally violating federal law. This very problem is why some counties are re- thinking the presence of marijuana facilities in their communities. There is a valid fear of being prosecuted for aiding and abetting federal drug crimes. Presently, two counties have expressed concern that California's medical marijuana statutes have placed them in such a precarious legal position. Because of the serious criminal ramifications involved in issuing business permits and allowing storefront marijuana businesses to operate within their borders, San Diego and San Bernardino Counties filed consolidated lawsuits against the state seeking to prevent the State of Califomia from enforcing its medical mar�uama statutes which potentially subject tbem to criminal liability, and squarely asserting that California medical marijuana laws are preempted by federal law in this area, After Cali €ornia' & medical marijuana laws were all upheld at the trial level, California's Fourth District Court of Appeal found that the State of California could mandate counties to adopt and enforce a voluntary medical marijuana identification card system, and the appellate court bypassed the preemption issue by finding that San Diego and San Bernardino Counties lacked standing to raise this challenge to California's medical marijuana laws. Following this state appellate court decision, independent petitions for review filed by the two counties were both denied by the California Supreme Court. Largely because of the quandary that county and city peace officers in California face in the field when confronted with alleged medical marijuana with respect to enforcement of the total federal criminal prohibition of all marijuana, and state exemption from criminal penalties for medical marijuana users and caregivers, petitions for a writ of certiorari were then separately filed by the two counties seeking review of this decision by the United States Supreme Court in the consolidated cases of County of San Diego, County of San Bernardino, and Gary Penrod, as Sheriff ofthe County of'San Bernardino v. San Diego Normi, State of California, and Sandra Shewry, Director of the California Department of Health Services in tier official capacity, Ct.App, Case No. D -5-331) The High Court has requested the State of California and other interested parties to file responsive briefs to the two counties' and Sheriff Penrod's writ petitions before it decides whether to grant or deny review of these consolidated cases. The petitioners would then be emitted to file a reply to any filed response. It is anticipated that the U.S. Supreme Court will formally grant or deny review of these consolidated cases in late April or early May of 2009. ©2009 California Police Chiefs Assn. 18 All Rights Reserved In another case, City of Garden Grove v. Superior Court (2007) 157 CatAppAth 355, although the federal preemption issue was not squarely raised or addressed in its decision, California's Fourth District Court of Appeal found that public policy considerations allowed a city standing to challenge a state trial court's order directing the retain by a city police department of seized medical marijuana to a person determined to be a patient. After the court - ordered return of this federally banned substance was uphold at the intermediate appellate level, and not accepted for review by the California Supreme Court, a petition for a writ of certiorari was filed by the City of Garden Grove to the U.S. Supreme Court to consider and reverse the state appellate court decision. But, that petition was also denied, However, the case of People v. Kelly (2008) 163 Cal,App.4th 124 ---in which a successful challenge was made to California's Medical Marijuana program's maximum amounts of marijuana and marijuana plants permitted to be possessed by medical marijusa patients (Cal. H &S Code see, 11362,77 of seq.), which limits were found at the court of appeal level to be without legal authority for the state to impose —has been accepted for review by the California Supreme Court on the issue ofwhether this Iaw was an improper amendment to Proposition 215'8 Compassionate Use Act of 1996. A SAMPLING OF EXPERIENCES WITH MARIJUANA DISPENSARIES 1. MARIJUANA DISPENSARIES -THE. SAN DIEGO STORY After the passage of Proposition 215 in 1996, law enforcement agency representatives in San Diego, California met many times to formulate a comprehensive strategy of how to deal with cases that may arise out of the new law. In the end it was decided to handle the matters on a case -by -case basis. In addition, questionnaires were developed for patient, caregiver, and physician interviews. At times patients without sales indieia but large grows were interviewed and their medical records reviewed in making issuing decisions. In other cases where sales indieia and amounts supported a finding of sales the oases were pursued. At most, two cases a month were brought for felony prosecution. In 2003, San Diego County's newly elected District Attorney publicly supported Prop. 215 and wanted her newly created Narcotics Division to design procedures to ensure patients were not caught up in case prosecutions. As many already know, law enforcement officers rarely arrest or seek prosecution of a patient who merely possesses personal use amounts. Rather, it is those who have sales amounts in product or cultivation who are prosecuted. For the next two years the District Attorney's Office proceeded as it had before. But, on the cases where the patient had too many plants or product but not much else to show sales —the DDAs assigned to review the case would interview and listen to input to respect the patient's and the DA's position. Some cases were rejected and others issued but the case disposition was often generous and reflected a "sin no more" view. All of this changed after the passage of SB 420. The activists and pro - marijuana folks started to push the envelope. Dispensaries began to open for business and physicians started to advertise their availability to issue recommendations for the purchase of medical marijuana. By spring of 2005 the first couple of dispensaries opened up —but they were discrete. This would soon change. By that summer, 7 to 10 dispensaries were open for business, and they were selling marijuana openly. In fact, the local police department was doing a small buy /walk project and one of its target dealers said he was out of pot but would go gat some from the dispensary to sell to the undercover officer (UC); he did. It was the proliferation of dispensaries and ancillary crimes that prompted the San Diego Police. Chief (the Chief was a Prop, 215 supporter who spared with the Fresno DEA in his priorjob over this issue) to authorize his officers to assist DEA. © 2009 California police Chiefs Assn. 19 All Rights Reserved The Investigation San Diego DEA and its local task force (NTF) sought assistance from the DA's Office as well as the U.S. Attorney's Office. Though ompathetic about being willing to assist, the DA's Office was not sure how prosecutions would fare under the provisions of SB 420. The U.S. Attorney had the easier road but was noncommittal. After several meetings it was decided that law enforcement would work on using undercover operatives (UCs) to buy, so law enforcement could see exactly what was happening in the dispensaries. The investigation was initiated in December of 2005, after NTF received numerous citizen complaints regarding the crime and traffic associated with "medical marijuana dispensaries" The City of San Diego also saw an increase in crime related to the marijuana dispensaries_ By then approximately 20 marijuana dispensaries had opened and were operating in San Diego County, and investigations on 15 of these dispensaries were initiated. During the investigation, NTF learned that all of the business owners were involved in the transportation and distribution of large quantities of marijuana, marijuana derivatives, and marijuana food products. In addition, several owners were involved in the cultivation of high grade marijuana. The business owners were making significant profits from the sale of these products and not properly reporting this income. Undercover Task Force Officers (TFO's) and SDPD Detectives were utilized to purchase marijuana and marijuana food products from these businesses. In December of 2005, thirteen state search warrants were executed at businesses and residences of several owners. Two additional follow -up search warrants and a consent search were executed the some day. Approximately 977 marijuana plants from seven iudoor marijuana grows, 564,88 kilograms of marijuana and marijuana food products, one gun, and over $58,000 U.S. currency were seized. There were six arrests made during the execution of these search warrants for various violations, including outstanding warrants, possession of marijuana for sale, possession ofpsilocybin mushrooms, obstructing a police officer, and weapons violations, however, the owners and clerks were not arrested or prosecuted at this tune —just those who showed up with weapons or product to sell. Given the fact most owners could claim mistake of law as to selling (though not a legitimate defense, it could be a jury nullification defense) the DA's Office decided not to file cases at that time. It was hoped that the dispensaries would fool San Diego was hostile ground and they would do business elsewhere. Unfortunately this was not the case. Over the next few months seven of the previously targeted dispensaries opened, as well as a slew of others. Clearlyprosecutions would be necessary. To gear up for the re- opened and new dispensaries prosecutors reviewed the evidence and sought a second round of UC buys wherein the UC would be buying for themselves and they would have a second UC present at the time acting as UC1's caregiver who also would buy, This was designed to show the dispensary was not the caregiver. There is no authority in the law for organizations to act as primary caregivers. Caregivers must be individuals who care for a marijuana patient. A primary caregiver is defined by Proposition 215, as codified in II &S Code section 11362.5(e), as, "For the purposes of this section, 'primary caregiver' means the individual designated by the person exempted under this section who has consistently assumed responsibility forthe housing, health, or safety of that person." The goal was to show that the stores ware only selling marijuana, and not providing care for the hundreds who bought from them. 0 2009 California Polloe Chiefs Assn, 20 All Rights Reserved In addition to the caregiver - controlled buys, another aim was to put the whole matter in perspective for the media and the public by going over the data that was found in the raided dispensary records, as well as the crime statistics. An analysis of the December 2005 dispensary records showed a breakdown of the purported illness and youthful nature of the patients. The charts and other PR aspects played out after the second take down in July of 2006. The final attack was to reveal the doctors (the gatekeepers for medical marijuana) for the frand they were committing, UCs from the local PD went in and taped the encounters to show that the pot does did not examine the patients and did not render care at all; rather they merely sold a medical MJ recommendation whose duration depended upon the amount of money paid. In April of 2006, two state and two federal search warrants were executed at a residence and storage warehouse utilized to cultivate marijuana. Approxhnately 347 marijuana plants, over 21 kilograms of marijuana, and $2,855 U.S. currency were seized. Due to the pressure from the public, the United States Attorney's Office agreed to prosecute the owners of the businesses with large indoor marijuana grows and believed to be involved in money laundering activities. The District Attorney's Office agreed to prosecute the owners in the other investigations. In Tune of 2006, a. Federal Grand Any indicted six owners for violations of Title 21 USG, sections 846 and 841(a)(1), Conspiracy to Distribute Marijuana; sections 846 and 841(a), Conspiracy to Manufacture Marijuana; and Title 18 USC, Section2, Aiding and Abetting, In July of 2006, 11 state and I I federal search warrants were executed at businesses and residences associated with members of these businesses, The execution of these search warrants resulted in the arrest of 19 people, seizure of over $190,000 in U.S. currency and other assets, four handguns, one rifle, 405 marijuana plants from seven grows, and over 329 kilograms of marijuana and marijuana food products. Following the search warrants, two businesses reopened. An additional searehwatrant and consent search were executed at these respective locations. Approximately 20 kilograms of marijuana and 32 marijuana plants were seized. As a result, all but two of the individuals arrested on state charges have pled guilty. Several have already been sentenced and a few are still awaiting sentencing, All of the individuals indicted federally have also pled guilty and are awaiting sentencing. After the July 2006 search warrants a joint press conference was held with the U.S. Attorney and District, Attorney, during which copies of a complaint to the medical board, photos of the food products which were marketed to children, and the charts shown below were provided to the media. Directly after these several combined actions, there were no marijuana distribution businesses operating in San Diego County. Law enforcement agencies in the San Diego region have been able to successfully dismantle these businesses and prosecute the owners. As a result, medical marijuana advocates have staged a number of protests demanding DFA allow the distribution of marijuana. The closure of these businesses has reduced crime in the surrounding areas. © 2009 California Police Chiefs Assn. 21 All Rights Reserved The execution of search warrants at these businesses sent a powerful message to other individuals operating marijuana distribution businesses that they are in violation of both federal law and California law. Press .Materials; 18 16 14 12 10 8 2 n Reported Crime at Marijuana Dispensaries From January 1, 2005 through June 23, 2006 xr ' s� � :- a �t 1 ?k'r •1 } .�irSl � �.- ' .� � r xY ',t +i 1 } Burglary Attempted Criminal Attempted Armed Battery Burglary Threat Robbery Robbery Information showing the dispensaries attracted crime; The marijuana dispensaries were targets of violent crimes because of the amount of marijuana, cimoncy, and other contraband stored inside the businesses. From January 1, 2005 through Tune 23, 2006, 24 violent crimes were reported at marijuana dispensaries. An analysis of financial records seized from the marijuana dispensaries showed several dispensaries were grossing over $300,000 per month from selling marijuana and marijuana food products: The majority of customers purchased marijuana with cash, Crime statistics inadequately reflect the actual number of cr imes comet tted at the marijuana dispensaries, These businesses were often victims of robberies and burglaries, but did not report the crimes to law enforcement on account of fear of being arrested for possession of marijuana in excess of Prop. 215 guidelines. NTF and the San Diego Police Department (SDPD) received numerous citizen complaints regarding every dispensary operating in San Diego County. Because the complaints were received by various individuals, the exact number of complaints was not recorded. The following were typical complaints received; • high levels of traffic going to and from the dispensaries • people loitering in the parking lot of the dispensaries • people smoking marijuana in the parking lot of the dispensaries © 2009 California Police Chiefs Assn, 22 All Rights Reserved vandalism near dispensaries threats made by dispensary employees to employees of other businesses citizens worried they may become a victim of crime because of their proximity to dispensaries In addition, the following observations (from citizen activists assisting in data gathering) were made about the marijuana dispensaries: • Identification was not requested for individuals who looked under age 18 • Entrance to business was not refused because of lack of identification • Individuals were observed loitering in the parking lots • Cbild- oriented businesses and recreational areas were situated nearby • Some businesses made no attempt to verify a submitted physician's recommendation Dispensary Patients By Age Ages 66.70,19,1 % Ages 61 -65, 47, 2°/ Ages 56 -60, 89, 3 Ages 71 -75, 4, 0°% Ages 7680, 0, 0% Ages 81.85, 0, 0% No Age Ilsted, 118, 4% Ages 81.55, $17 Ages 17 -20, 364, 12% Ages 46-50,210,7%o Ages 41- 45,175, 6 Ages 36.40, 270, 9Ages 21 -25, 719, 23% Agea 31 -35, 30 Ages 26.30, 504, 17% An analysis of patient records seized during search warrants at several dispensaries show that 52% of the customers purchasing marijuana were between the ages of 17 to 30, 63% of primary caregivers purchasing marijuana were between the ages of 18 through 30. Only 2,05% of customers submitted a physician's recommendation for AIDS, glaucoma, or cancer, Why these businesses were deemed to be criminal- -not compassionate; The medical marijuana businesses were deemed to be criminal enterprises for the following reasons! + Many of the business owners had histories of drug and violence - related arrests. The business owners were street -level marijuana dealers who tools advantage of Prop, 215 in an attempt to legitimize marijuana sales for profit. • Records, or lack of records, seized during the search warrants showed that all the owners were not properly reporting income generated from the sales of marijuana, Many owners were involved in money laundering and tax evasion. • The businesses were selling to individuals without serious medical conditions, • There are no guidelines on the amount of marijuana which can be sold to an individual, For © 2009 California Police Chiefs Assn. 23 All Rights Reserved example, an individual with a physician's recommendation can go to as many marijuana distribution businesses and purchase as much marijuana as he /she wants. • California law allows an individual to possess 6 mature or 12 immature plants per qualified person. However, the San Diego Municipal Code states a "caregiver" can only provide care to 4 people, including themselves; this translates to 24 mature or 48 immature plants total. Many of these dispensaries are operating large marijuana grows with far more plants than allowed under law. Several of the dispensaries bad indoor marijuana grows inside the businesses, with mature and/or immature marijuana plants over the limits. State law allows a qualified patient or primary caregiver to possess no more than eight ounces of dried marijuana per qualified patient. However, the San Diego Municipal Code allows primary caregivers to possess no more than two pounds of processed marijuana. Under either law, almost every marijuana dispensary had over two pounds of processed marijuana during the execution of the search warrants. • Some marijuana dispensaries force customers to sign forms designating the business as their primary caregiver, in an attempt to ciroumvant the law. 2, EXPERIENCES WITH MARIJUANA DISPENSARIES IN RIVERSIDE COUNTY There were some marijuana dispensaries operating in the County of Riverside until the District Attorney's Ofce took a very aggressive stance in closing them. In Riverside, anyone that is not a "qualified patient" or "primary caregiver" under the Medical Marijuana Program Act who possesses, sells, or transports marijuana is being prosecuted. Several dispensary closures illustrate the impact this position has had on marijuana dispensaries. For instance, the Palm Springs Caregivers dispensary (also known as Palm Springs Safe Access Collective) was searched after a warrant was issued. All materials inside were seized, and it was closed down and remains closed. The California Caregivers Association was located in downtown Riverside. Very shortly after it opened, it was also searched pursuant to a warrant and shut down. The Cannallelp dispensary was located in Palm Desert. It was searched and closed down early in 2007. The owner and two managers were then prosecuted for marijuana sales and possession of marijuana for the purpose of sale. However, a judge granted their motion to quash the search warrant and dismissed the charges. The District Attorney's Office then appealed to the Fourth District Court of Appeal. Presently, the Office is waiting for oral arguments to be scheduled. Dispensaries in the county have also been closed by court order. The healing Nations Collective was located in Corona. The owner lied about the nature of the business in his application for a license. The city pursued and obtained an injunction that required the business to close, The owner appealed to the Fourth District Court of Appeal, which ruled against him. (City of Corona v. Ronald Meru& el. al., Case No. B042772.) 3. MEDICAL, MARIJUANA DISPENSARY ISSUES IN CONTRA COSTA COUNTY CITIES AND IN OTHER BAY AREA COUNTIES Several cities in Contra Costa County, California have addressed this issue by either banning dispensaries, enacting moratoria against them, regulating them, or taking a position that they are simply not a permitted land use because they violate federal law. Richmond, El Cerrito, San Pablo, Hercules, and Concord have adopted permanent ordinances banning the establishment of marijuana dispensaries. Antioch, Brentwood, Oakley, Pinole, and Pleasant Hill have imposed moratoria against dispensaries. Clayton, San Ramon, and Walnut Creels have not taken any formal action regarding the establishment of marijuana dispensaries but have indicated that marijuana dispensaries © 2009 California Police Chiefs Assn. 24 All Rights Reserved are not a permitted use in any of their zoning districts as a violation of federal law. Martinez has adopted a permanent ordinance regulating the establishment of marijuana dispensaries. The Counties of Alameda, Santa Clara, and San Francisco have enacted permanent ordinances regulating the establishment of marijuana dispensaries. The Counties of Solano, Napa, and Marin have enacted neither regulations nor bans. A brief overview of the regulations enacted in neighboring counties follows. A. Alameda County Alameda Comity has a nineteen -page regulatory scheme which allows the operation of three permitted dispensaries in unincorporated portions of the county. Dispensaries can only be located in commercial or industrial zones, or their equivalent, and may not be located within 1,000 feet of other dispensaries, schools, parks, playgrounds, drug recovery facilities, or recreation centers. Permit issuance is controlled by the Sheriff, who is required to work with the Community Development Agency and the Health Care Services agency to establish operating conditions for each applicant prior to final selection. Adverse decisions can be appealed to the Sheriff and are ruled upon by the same panel responsible for setting operating conditions. That panel's decision may 'be appealed to the Board of Supervisors, whose decision is final (subject to writ review in the Superior Court per CCP sec. 1094.5). Persons violating provisions of the ordinance are guilty of a misdemeanor. B. Santa Clara County In November of 1998, Santa Clara County passed an ordinance permitting dispensaries to exist in unincorporated portions of the county with permits first sought and obtained from the Department of Public Health. In spite of this regulation, neither the County Counsel nor the District Attorney's Drug Unit Supervisor believes that Santa Clara County has had any marijuana dispensaries in operation at least through 2006. The only permitted activities are the on -site cultivation of medical marijuana and the distribution of medical marijuana /medical marijuana food stuffs. No retail sales of any products are permitted at the dispensary, Smoking, ingestion or consumption is also prohibited on site. All doctor recommendations for medical marijuana must be verified by the County's Public Health Department, C. San Francisco County In December of 2001, the Board of Supervisors passed Resolution No. 012006, declaring San Francisco to be a "Sanctuary for Medical Cannabis." City voters passed Proposition S in 2002, directing the city to explore the possibility of establishing a medical marijuana cultivation and distribution program run by the city itself. San Francisco dispensaries must apply for and receive a permit from the Department of Public Health. They may only operate as a collective or cooperative, as defined by California Health and Safety Code section 11362.9 (see discussion in section 4, under "California Law" above), and may only sell or distribute marijuana to members, Cultivation, smoking, and making and selling food products may be allowed. Permit applications are referred to the Departments of Planning, Building Inspection, and Police. Criminal background checks are required but exemptions could still allow the operation of dispensaries by individuals with prior convictions for violent felonies or who have had prior parrnits suspended or revoked, Adverse decisions can be appealed to the Director of © 2009 Colifornla Police Chiefs Assn, 26 All Rights Reserved Public Health and the Board of Appeals. It is unclear how many dispensaries are operating in the city at this time, D. Crime states in the Vicinity of 1klarlCare Sheriff s data have been compiled for "Calls for Service" within a half -mile radius of 127 Aspen Drive, Pacheco. However, in research conducted by the El Cerrito Police Department and relied upon by Riverside County in recently anaeting its ban on dispensaries, it was recognized that not all crimes related to medical marijuana take place in or around a dispensary. Some take place at the homes of the owners, employees, or patrons. Therefore, these statistics cannot paint a complete picture of the impact a marijuana dispensary has had on crime rates. The statistics show that the overall number of calls decreased (3,746 in 2005 versus 3,260 in 2006). However, there have been increases in the numbers of crimes which appear to be related to a business which is an attraction to a criminal element. Reports of commercial burglaries increased (14 in 2005, 24 in 2006), as did reports of residential burglaries (13 in 2005, 16 in 2006) and miscellaneous burglaries (5 in 2005, 21 in 2006), Tender Holistic Care (THC marijuana dispensary formerly located onN. Buchanan Circle in Pacheco) was forcibly burglarized on June 11, 2006. $4,800 in cash was stolen, along with marijuana, hash, marijuana food products, marijuana pills, marijuana paraphernalia, and marijuana plants, The total loss was estimated to be $16,265. MariCare was also burglarized within two weeks of opening in Pacheco, On April 4, 2006, a window was smashed after 11:00 p.m, while an employee was inside the business, working late to get things organized. The female employee called "911" and locked herself in an office while the intruder ransacked the downstairs dispensary and stole more than $200 worth of marijuana. Demetrio Ramirez indicated that since they were just moving in, there wasn't much inventory. Reports of vehicle thefts increased (4 in 2005, 6 in 2006), Disturbance reports increased in nearly all categories (Fights: 5 in 2005, 7 in 2006; Harassment: 4 in 2005, 5 in 2006; Juveniles: 4 in 2005, 21 in 2006; Loitering: 11 in 2005, 19 in 2006; Verbal: 7 in 2005, 17 in 2006). Littering reports increased from 1 in 2005 to 5 in 2006. Public nuisance reports increased from 23 in 2005 to 26 in 2006. These statistics reflect the complaints and concerns raised by nearby residents. Residents have reported to the District Attorney's Office, as well as to supervisor Piepho's office, that when calls are made to the Sheriff's Department, the offender has oftentimes left the area before law enforcement can arrive. This has led to less reporting, as it appears to local residents to be a futile act and residents have been advised that law enforcement is understaffed and cannot always timely respond to all calls for service. As a result, Pacheco developed a very active, visible Neighborhood Watch program. The program became much more active in 2006, according to Doug Stewart. Volunteers obtained radios and began frequently receiving calls directly from local businesses and residents who contacted them instead of law enforcement. It is therefore significant that there has still been an increase in many types of calls for law enforcement service, although the overall number of calls has decreased. Other complaints from residents included noise, odors, smoking/consuming marijuana in the area, littering and trash from the dispensary, loitering near a school bus stop and in the nearby church parking lot, observations that the primary patrons of MariCare, appear to be individuals under age 25, © 2009 California Police Chiefs Assn. 26 All Rights Reservod and increased traffic, Residents observed that the busiest time for MariCaro appeared to be from 4:00 p.m. to 6:00 p.m. On atypical Friday, 66 cars were observed enteringMariCare's facility; 49 of these were observed to contain additional passengers. The slowest time appeared to be from 1:00 p.m, to 3:00 p.m. On a typical Saturday, 44 cars were counted daring this time, and 29 of these were observed to have additional passengers. MariCare has claimed to serve 4,000 "patients." E. Impact of Proposed Ordinance on MedDelivery Dispensary, EI Sobrante It is the position of Contra Costa County District Attorney Robert J. Kochly that a proposed ordinance should terminate operation of the dispensary in El Sobrante because the land use of that business would be inconsistent with both state and federal law, However, the. Community Development Department apparently believes that MedDelivery can remain as a "Iegal, non- conforming use." F. Banning Versus Regulating Marijuana Dispensaries in Unincorporated Contra Costa County It is simply bad public policy to allow the proliferation of any type of business which is illegal and subject to being raided by federal and/or state authorities. In fact, eight locations associated with the New Remedios dispensary in San Francisco and Alameda Counties were raided in October of 2006, and eleven Southern California marijuana clinics wore raided by federal agents on January 18, 2007. The Los Angeles head of the federal Drug Enforcement Administration told CBS News after the January raids that "Today's enforcement operations show that these establishments are nothing more than drug - trafficking organizations bringing criminal activities to our neighborhoods and chugs near our children and schools." A Lafayette, California resident who owned a business that produced marijuana -laced foods and drinks for marijuana clubs was sentenced in federal court to five years and 10 months behind bars as well as a $250,000 fine. Several of his employees were also convicted in that case. As discussed above, there is absolutely no exception to the federal prohibition against marijuana cultivation, possession, transportation, use, and distribution. Neither California's voters nor its Legislature authorized the existence or operation of marijuana dispensing businesses when given the opportunity to do so, These enterprises cannot fit themselves into the few, narrow exceptions that were created by the Compassionate Use Act and Medical Marijuana Program Act. Further, the presence of marijuana dispensing businesses contributes substantially to the existence of a secondary market for illegal, street -level distribution of marijuana. This fact was even recognized by the United States Supreme Court; "The exemption for cultivation by patients and caregivers can only increase the supply of marijuana in the California market. The likelihood that all such production will promptly terminate when patients recover or will precisely match the patients' medical needs during their convalescence seems remote; whereas the danger that excesses will satisfy some of the admittedly enormous demand for recreational use seems obvious." (Gonzales v. Reich, supra, 125 S.Ct. atp. 2214.) As outlined below, olear evidence has emerged of such a secondary market in Contra Costa County In September of 2004, police responded to reports of two men pointing a gun at cars in the parking lot at Monte Vista High School during an evening football game /dance. Two 19- year -old Danville residents were located in the parking lot (which was full of vehicles and pedestrians) and in possession of a silver Ansoft pellet pistol designed to replicate a © 2009 CalllQmla Police Chlefs Assn, 27 All Frights Reserved real Walther semi - automatic handgun. Marijuana, hash, and bash oil with typical dispensary packaging and labeling were also located in the car, along with a gallon bottle of tequila (1/4 full), a bong with burned residue, and rolling papers. The young men admitted to having consumed an unknown amount of tequila at the park next to the school and that they both pointed the gun at passing cars "as a joke." They fired several BBs at a wooden fence in the park when there were people in the area. The owner of the vehicle admitted that the marijuana was his and that he was not a medicinal marijuana user. He was able to buy marijuana from his friend `Brandon," who used a Proposition 215 card to purchase from a cannabis club in Hayward. In February of 2006, Concord police officers responded to a report of a possible drug sale in progress, They arrested a high school senior for two outstanding warrants as he came to buy marijuana from the cunnabis club located on Contra Costa Boulevard. The young man explained that he had a cannabis club card that allowed him to purchase marijuana, and admitted that he planned to resell some of the marijuana to friends. He also admitted to possession of nearly 7 grains of cocaine wbicb was recovered. A21-year-old man was also arrested on an outstanding warrant. In his car was a marijuana grinder, a baggie of marijuana, rolling papers, cigars, and a "blunt" (hollowed out cigar filled with marijuana for smoking) with one end burned. The 21 -year -old admitted that he did not have a physician's recommendation for marijuana. Also in February of 2006, a 17- year -old Monte Vista High School senior was charged with felony furnishing of marijuana to a child, after giving a 4- year -old boy a marijuana - laced cookie. The furnishing occurred on campus, during a child development class. In March of 2006, police and fire responded to an explosion at a San Ramon townhouse and found three young men engaged in cultivating and manufacturing "honey oil" for local pot clubs. Marijuana was also being sold from the residence. Honey oil is a concentrated form of cannabis chemically extracted from ground up marijuana with extremely volatile butane and a special "honey oil" extractor tube. The butane extraction operation exploded with such force that it blew the garage door partially off its hinges. Sprinklers in the residence kept the fire from spreading to the other homes in the densely packed residential neighborhood, At least one of the men was employed by Ken Estes, owner of the Dragonfly Holistic Solutions pot clubs in Richmond, San Francisco, and Lake County. They were malting the "honey oil" with marijuana and butane that they brought up from one of Estes' San Diego pot clubs after it was shut down by federal agents. Also in March of 2006, a 16- year -old El Cerrito High School student was arrested after selling pot cookies to fellow students on campus, many of whom became ill, At least four required hospitalization . The investigation revealed that the cookies were made with a butter obtained outside a marijuana dispensary (a secondary sale). Between March of 2004 and May of 2006, the El Cerrito Police Department conducted seven investigations at the high school and junior high school, resulting in the arrest of eight juveniles for selling or possessing with intent to sell marijuana on or around the school campuses. • In June of 2006, Moraga police officers made a traffic stop for suspected driving under the influence of alcohol. The car was seen drifting over the double yellow line separating north and southbound traffic lanes and driving in the bike lane. The 20 -year -old driver datried having consumed any alcohol, as he was the "designated driver," When asked about his bloodshot, watery, and droopy eyes, the college junior explained that he had © 2009 California Police Chiefs Assn. 28 All Rights Reserved smoked marijuana earlier (confirmed by blood tests). The young man had difficulty performing field sobriety tests, slurred his speech, and was ultimately arrested for driving Linder the influence, He was inpossession of a falsified California Driver's License, marijuana, bash, a marijuana pipe, a scale, and $12,288. The marijuana was in packaging from the Compassionate Collective of Alameda County, a Hayward dispensary. He explained that he buys the marijuana at "Pot Clubs," sells some, and keeps the rest. He only sells to close friends. About $3,000 to $4,000 of the cash was from playing high - stakes poker, but the rest was earned selling marijuana while a freshman at Arizona State University, The 18- year -old passenger had half an ounce of marijuana in her purse and produced a doctor's recommendation to a marijuana dub in Oakland, the authenticity of which could not be confirmed, Another significant concern is the proliferation of marijuana usage at community schools. In February of 2007, the Healthy Kids Survey for Alameda and Contra Costa Counties found that youthful substance abuse is more common in the East Bay's more affluent areas, These areas had higher rates of high school juniors who admitted having been high from drugs. The regional manager of the study found that the affluent areas had higher alcohol and marijuana use rates. USA Today recently reported that the percentage of IP Grade students who said they had used marijuana has increased since 2002 (from 33.6% to 36.2% in 2005), and that marijuana was the most -used illicit drug among that age group in 2006. KSDK News Channel 5 reported that high school students are finding easy access to medical marijuana cards and presenting them to school authorities as a legitimate excuse for getting high. School Resource Officers for Monte Vista and San Raman Valley High Schools in Danville have reported finding marijuana in prescription bottles and other packaging from Alameda County dispensaries. Marijuana has also been linked to psychotic illnesses. °t A risk factor was found to be starting marijuana use in adolescence. For all of the above reasons, it is advocated by District Attorney Kochly that a ban on land uses which violate state or federal law is the most appropriate solution for the County of Contra Costa. 4. SANTA BARBARA COUNTY According to Santa Barbara County Deputy District Attorney Brian Cots, ten marijuana dispensaries are currently operating within Santa Barbara County. The mayor of the City of Santa Barbara, who is an outspoken medical marijuana supporter, has stated that the police must place marijuana behind every other police priority, This has made it difficult for the local District Attorney's Office. Not many marijuana cases come to it for filing. The District Attorney's Office would like more regulations placed on the dispensaries. However, the majority of Santa Barbara County political leaders and residents are very liberal and do not want anyone to be denied access to medical marijuana if they say they need it. Partly as a result, no dispensaries have been prosecuted to date. 5, SONOMA COUNTY Stephan R. Passalocqua, District Attorney fair the County of Sonoma, has recently reported the following information related to distribution of medical marijuana in Sonoma County. In 1997, the Sonoma County Law Enforcement Chiefs Association enacted the following medical marijuana guidelines; a qualified patient is permitted to possess three pounds of marijuana and grow 99 plants in a 100- square -foot canopy. A qualified caregiver could possess or grow the above - mentioned amounts for each qualified patient. These guidelines were enacted after Proposition 215 was overwhelmingly passed by the voters of California, and after two separate unsuccessful prosecutions in Sonoma County, Two Sonoma Countyjuries returned "not guilty" verdicts for three defendants 0 2009 California Police Chiefs Assn, 29 All Rights Reserved who possessed substantially large quantities of marijuana (60 plants in one case and over 400 plants in the other) where they asserted a medical marijuana defense. These verdicts, and the attendant publicity, demonstrated that the community standards are vastly different in Sonoma County compared to other jurisdictions. On November 6, 2006, and authorized by Senate Bill 420, the Sonoma County Board of Supervisors specifically enacted regulations that allow a qualified person holding a valid identification card to possess up to three pounds of dried cannabis a year and cultivate 30 plants per qualified patient. No individual from any law enforcement agency in Sonoma County appeared at the hearing, nor did any representative publicly oppose this resolution. With respect to the People v, Sashon Jenkins case, the defendant provided verged medical recommendations for five qualified patients prior to trial. At the time of arrest, Jenkins said that he had a medical marijuana card and was a care provider for multiple people, but was unable to provide specific documentation, Mr. Jenkins had approximately I0 pounds of dried marijuana and was growing 14 plants, which number of plants is consistent with the 2006 Sonoma. County Board of Supervisors' resolution. At a preliminary hearing held In January of 2007, the defense called five witnesses who were proffered as Jenkins' "patients" and who came to court with medical recommendations. Jenkins also testified that he was their caregiver, After the preliminary hearing, the assigned prosecutor conducted a thorough review of the facts and the law, and concluded that a Sonoma County jury would not return a "guilty" verdict in this case. Hence, no felony information was filed. With respect to the return of property issue, the prosecuting deputy district attorney never agreed to release the marijuana despite dismissing the case. Other trial dates are pending in cases where medical marijuana defenses are being alleged, District Attorney Passalacqua has noted that, given the overwhelming passage of proposition 215, coupled with at least one United States Supreme Court decision that has not struck it down to date, these factors present current challenges for law enforcement, but that he and other prosecutors will continue to vigorously prosecute drug dealers within the boundaries of the law. 6. ORANGE COUNTY There are 15 marijuana dispensaries in Orange County, and several delivery services. Many of the delivery services operate out of the City of Long Beach in Las Angeles County. Orange County served a search warrant on one dispensary, and closed it down. A decision is being made whether or not to file criminal charges in that case. It is possible that the United States Attorney will file on that dispensary since it is a branch of a dispensary that the federal authorities raided in San Diego County, The Orange County Board of Supervisors has ordered a study by the county's Health Care Department on how to comply with the Medical Marijuana program Act. The District Attorney's Office's position is that any activity under the Medical Marijuana Program Act beyond the more issuance of identification cards violates federal law. The District Attorney's Office has made it clear to County Counsel that if any medical marijuana provider does not meet a strict definition of "primary caregiver" that person will be prosecuted. © 2009 Callfornla Police Chiefs Assn. 30 All Rights Reserved PENDING LEGAL QUESTIONS Law enforcement agencies throughout the state, as well as their legislative bodies, have been struggling with how to reconcile the Compassionate Use Act ( "CUA"), Cal. health & Safety Code sees_ 11362.5, et seq., with the federal Controlled Substances Act ( "CSA "), 21 U.S.C. sec. 801, et seq., for some time. Pertinent questions follow. QUESTION 1. Is it possible for a storefront marijuana dispensary to be legally operated under the Compassionate Use Act of 1996 (Health & Saf. Code see. 113615) and the Medical Marijuana Program Act (Health & Sat. Code sees. 11362.7- 11362.83? ANSWER 1. Storefront marijuana dispensaries may be legally operated under the CUA and the Medical Marijuana Program Act ( "MMPA "), Cal. Health & Safety Code sees. 11362,7 - 11362.83, as long as they are "cooperatives" under the MMPA. ANALYSIS The question posed does not specify what services or products are available at a "storefront" marijuana dispensary, The question also does not specify the business structure of a "dispensary." A "dispensary" is often commonly used nowadays as a generic term for a facility that distributes medical marijuana. The term "dispensary" is also used specifically to refer to marijuana facilities that are operated more like a retail establishment, that are open to the public and often "sell" medical marijuana to qualified patients or caregivers. By use of the term "store front dispensary," the question may be presuming that this type of facility is being operated. For purposes of this analysis, we will assume that a "dispensary" is a generic term that does not contemplate any particular business structure,' Based on that assumption, a " dispensary" mightprovide "assistance to a qualified patient or a persona with an identification card, or his or her designatod primary caregiver, in administering medical marijuana to the qualified patient or person or acquiring the skills necessary to cultivate or administer marijuana for medical purposes to the qualified patient or person" and be within the permissible limits of the CUA and the MMPA. (Cal. Health & Safety Code sec. 11362.765 (b)(3).) t As the team "dispensary" is commonly used and understood, marijuana dispensaries would not bepermitted under the CUA or the MMPA, since they "sell" medical marijuana and are not operated as true "cooperatives." 0 2009 California Police Chiefs Assn. 31 Alf Rights Reserved The CUA permits a "patient" or a "patient's primary caregiver" to possess or cultivate marijuana for personal medical purposes with the recommendation of a physician. (Cal. Health & Safety Code sec. 11362.5 (d).) Similarly, the MMPA provides that "patients" or designated "primary caregivers" who have voluntarily obtained a valid medical marijuana identification card shall not be subject to arrest for possession, transportation, delivery, or cultiva.titon of medical marijuana in specified quantities. (Cal. Health & Safety Code sec. 11362.71 (d) & (e).) A "storefront dispensary" would not fit within either of these categories. However, the MMPA also provides that "[q]ualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who a&rociate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under section 11357 [possession], 11358 [planting, harvesting or processing], 1I359 [possession for sale], 11360 [unlawful transportation, importation, sale or gift], 11366 [opening or maintaining place for trafficking in controlled substareas],11166.5 [providing place for manufacture or distribution of controlled substance; Fortifying building to suppress law enforcement entry], or 11570 [Buildings or places deemed nuisances subject to abatomont]." (Cal. Health & Safety Code sec. 11362.775.) (Emphasis added).) Since medical marijuana cooperatives are permitted pursuant to the MMPA, a "storefront dispensary" that would qualify as a cooperative would be permissible under the MMPA. (Cal, Health & Safety Code sec. 11362.775. See also People v, Urziceanu (2005) 132 Cal. App. 4th 747 (Finding criminal defendant was entitled to present defense relating to operation of medical marijuana cooperative).) In granting a re -trial, the appellate court in Urziceanu found that die defendant could present evidence which might entitle him to a defense under the MMPA as to the operation of a medical marijuana cooperative, including the fact that the "cooperative" verified physician recommendations and identities of individuals seeking medical marijuana and individuals obtaining medical marijuana paid membership fees, reimbursed defendant for his costs in cultivating the medical marijuana by way of donations, and volunteered at the "cooperative." (Id. at p. 785.) Whether or not "sales" are permitted under Urziceanu and the MMPA is unelear, The Urzieeanu Court did note that the incorporation of section 11359, relating to marijuana "sales," in section 11362.775, allowing the operation of cooperatives, "contemplates the formation and operation of medicinal marijuana cooperatives that would receive reimbursement for marijuana and the services provided in conjunction with the provision of that marijuana." Whether "reimbursement" may be in the form only of donations, as were the facts presented in Urziceanu, or whether "purchases" could be made for medical marijuana, it does seem clear that a medical marijuana "cooperative" may not make a "profit," but may be restricted to being reimbursed for actual costs in providing the marijuana to its members and, if there are any "profits," these may have to be reinvested in the "cooperative" or shared by its members in order for a dispensary to 0 2009 California Police Chiefs Assn. 32 All Rights Reserved be truly considered to be operating as a "cooperative."' If these requirements are satisfied as to a "storefront" dispensary, then it will be permissible under the MMPA. Otherwise, it will be a violation of both the CUA and the MMPA, QUESTION 1 If the governing body of a city, county, or city and county approves an ordinance authorizing and regulating marijuana dispensaries to implement the Compassionate Use Act of 1996 and the Medical Marijuana Program Act, can an individual board or council member be found to be acting illegally and be subject to federal criminal charges, including aiding and abetting, or state criminal charges? ANSWER If city, county, or city and county authorizes and regulates marijuana dispensaries, individual members of the legislative bodies may be held criminally liable under state or federal IaW. ANALYSIS A, .Federal Law Generally, legislators of federal, state, and local legislative bodies are absolutely immune from liability for legislative acts. (U.S, Const,, art. I, see. 6 (Speech and Debate Clause, applicable to members of Congress); Fed. Rules Evid., Rule 501 (evidentiary privilege against admission of legislative acts); Penney v. Bmndhove (1951) 341 U.S. 367 (legislative immunity applicable to state legislators); Bogan v. Scott - Harris (1998) 523 U.S. 44 (legislative immunity applicable to local legislators),) However, while federal legislators are absolutely immune from both criminal and civil liability for purely legislative acts, local legislators are only immune from civil liability under federal law. (United States v. Gillock (1980) 445 U.S. 360.) Where the United States Supreme Courthas held that federal regulation of marijuana by way of the CSA, including any "medical" use of marijuana, is within Congress' Commerce Clause power, federal law stands as a bar to local action in direct violation of the CSA, (Gonzales v. Raich (2005) 545 U.S. 1.) In fact, the CSA itself provides that federal regulations do not A "cooperative" is defined as follows: An enterprise or organization that is owned or managed jointly by those who use its facilities or services. T1IE AMERICAN HmTmE DICTIONARY OF THE ENGLISH LANGUAGE, by Houghton Mifflin Company (4th Ed. 2000). 3 Indeed, the same conclusion would seem to result from the adoption by state legislators of the MMPA itself, in authorizing the issuance of medical marijuana identification cards. (Cal, health & Safety Code secs. 113 62,71, of seq.) 0 2009 California Police Chiefs Assn. 33 All Rights Reserved exclusively occupy the field of drug regulation "unless there is a positive conflict between that provision of this title [the CSA] and that state law so that the two cannot consistently stand together." (21 U.S,C, sec. 903.) Based on the above provisions, then, legislative action by local legislators could subject the individual legislators to federal criminal liability. Most likely, the only violation of the CSA that could occur as a result of an ordinance approved by local legislators authorizing and regulating medical marijuana would be aiding and abetting a violation of the CSA. The elements of the offense of aiding and abetting a criminal offense are: (1) specific intent to facilitate commission of crime by another; (2) guilty knowledge on the part of the accused; (3) that an offense was being committed by someone; and (4) that the accused assisted or participated in the commission of an offense. (United States v. Raper (1982) 676 F.2d 841; United States a Staten (1978) 581 F.2d 878.) Criminal aiding and abetting liability, under 18 U.S.C. section 2, requires proof that the defendants in some way associated themselves with the illegal venture; that they participated in the venture as something that they wished to bring about; and that they sought by their actions to make the venture succeed (Central Bank N.A. v. First Interstate Bank, N.A. (1994) 511 US, 164) Mere furnishing of company to a person engaged in a crime does not render a companion an cider or abettor. (United States v. Gargutlo (2d Cir. 1962) 310 F.2d 249.) In order for a defendant to be an aider and abettor he must know that the activity condemned by law is actually occurring and must intend to help the perpetrator. (United States v. McDaniel (9th Cir. 1976) 545 F,2d 642.) To be guilty of aiding and abetting, the defendant must willfully seek, by some action of his own, to make a criminal venture succeed. (United States v. ,Ehrenberg (ED. Pa. 1973) 354 F. Stipp. 460 cert. denied (1974) 94 S. Ct. 1612.) The question, as posed, may presume that the local legislative body has acted in a manner that affirmatively supports marijuana dispensaries. As phrased by Senator Kuehl, the question to be answered by the Attorney General's Office assumes that a local legislative body has adopted an ordinance that "authorizes" medical marijuana facilities. What if a local public entity adopts an ordinance that explicitly indicates that it does not authorize, legalize, or permit any dispensary that is in violation of federal law regarding controlled substances? If the local public entity grants a permit, regulates, or imposes locational requirements on marijuana dispensaries with the announced understanding that it does not thereby allow any illegal activity and that dispensaries are required to comply with all applicable laws, including federal laws, then the public entity should be entitled to expect that all laws will be obeyed. It would seem that a public entity is not intentionally acting to encourage or aid acts in violation of the CSA merely because it has adopted an ordinance which regulates dispensaries; even the issuance of a "permit," if it is expressly not allowing violations of federal law, cannot necessarily support a charge or conviction of aiding and abetting violation of the CSA. A public entity should be entitled to presume that dispensaries will obey all applicable laws and that lawful business will be conducted at dispensaries. For instance, dispensaries could very well not engage in actual medical marijuana distribution, but instead engage in education and awareness activities as to the medicall effects of marijuana; the sale of other, legal products that aid in the suffering of © 2009 California Police Chiefs Assn. 34 All Rights Reserved ailing patients; or even activities directed at effecting a change in the federal laws relating to regulation of marijuana as a Schedule I substance under the CSA. These are examples of legitimate business activities, and First Amendment protected activities at that, in which dispensaries could engage relating to medical marijuana, but not apparently in violation of the CSA. public entities should be entitled to presume that legitimate activities can and will be engaged in by dispensaries that are permitted and/or regulated by local regulations. In fact, it seems counterintuitive that local public entities within the state should be expected to be the watchdogs of federal law; in the area of controlled substances, at least, local public entities do not have an affirmative obligation to discern whether businesses are violating federal law. The California Attorney General's Office will note that the State Board of Equalization ( "BOE") has already done precisely what has been suggested in the preceding paragraph, In a special notice issued by the BOB this year, it has indicated that sellers of medical marijuana must obtain a seller's permit. (See http, / /www,boa.ca.gov /news /pdf/modse11er2007,pdf (Special Notice; Important Information for Sellers of Medical Marijuana).) As the Special Notice explicitly indicates to medical marijuana facilities, "[h]aving a seller's permit does not mean you have authority to make uulawfal sales. The permit only provides a way to remit any sales and use taxes due. The permit states, 'NOTICE TO PERMITTEE: You are required to obey all federal and state laws that regulate or control your business. This permit does not allow you to do otherwise, "' The above being said, however, there is no guarantee that criminal charges would not actually be brought by the federal government or that persons so charged could not be successfully prosecuted. It does seem that arguments contrary to the above conclusions could be persuasive in convicting local legislators. By permitting and/or regulating marijuana dispensaries by local ordinance, some legitimacy and credibility may be granted by governmental issuance of permits or aunxoriziug and allowing dispensaries to exist or locate within a jurisdiction,' All of this discussion, then, simply demonstrates that individual board or council members can, indeed, be found criminally liable under federal law for the adoption of an ordinance authorizing and regulating marijuana dispensaries that promote the use of marijuana as medicine, The actual likelihood of prosecution, and its potential success, may depend on the particular facts of the regulation that is adopted. ' Of course, the question arises as to how far any such liability be taicen. Where can the line be drawn between any permit or regulation adopted specifically with respect to marijuana dispensaries and other permits or approvals routinely, and often ministerially, granted by local public entities, such as building permits or business licenses, which are discussed infra? If local public entities are held responsible for adopting an ordinance authorizing and /or regulating marijuana dispensaries, cam local public entities also be subject to liability for providing general public services for the illegal distribution of "medical" marijuana? Could a local public entity that knew a dispensary was distributing "medical" marijuana in compliance with state law be criminally liable if it provided electricity, water, and trash services to that dispensary? How can such actions really be distinguished from the adoption of an ordinance that authorizes and /or regulates marijuana dispensaries? © 2009 California Police Chiefs Assn. 35 All flights Reserved B. State Law Similarly, under California law, aside from the person who directly commits a criminal offense, no other person !a guilty as a principal unless he aids and abets. (People v. Dole (1898) 122 Cal. 486; People v. Stein (1942) 55 Cal, App. 2d 417.) A person who innocently aids in the commission of the crime cannot be found guilty. (People v. Predoni (1910) 12 Cal. App. 685.) To authorize a conviction as an aider and abettor of crime, it must be shown not only that the person so charged aided and assisted in the commission of the offense, but also that he abetted the act — that is, that he criminally or with guilty knowledge and intent aided the actual perpetrator in the commission of the act. (People v. Terman (193 5) 4 Cal, App, 2d 345) To "abet" another in commission of a crime implies a consciousness of guilt in instigating, encouraging, promoting, or aiding the commission of the offense. (People v. Best (1941) 43 Cal. App. 2d 100.) "Abet" implies knowledge of the wrongful purpose of the perpetrator of the crime. (People v. Stein, supra.) To be guilty of an offense committed by another person, the accused must not only aid such perpetrator by assisting or supplementing his efforts, but must, with knowledge of the wrongful purpose of the perpetrator, abet by inciting or encouraging him. (People v, Le Errant (1946) 76 Cal, App. 2d 148, 172; People v. Carlson (1960) 177 Cal. App. 2d 201.) The conclusion under state law aiding and abetting would be similar to the analysis above under federal law. Similar to federal law immunities available to local legislators, discussed above, state law immunities provide some protection for local legislators, Local legislators are certainly immune from civil liability relating to legislative acts; it is unclear, however, whether they would also be immune from criminal liability. (Steiner v, Superior Court, 50 Cal.App.4th 1771 (assuming, but finding no California authority relating to a "criminal" exception to absolute immunity for legislators under state law).) Given the apparent state of the law, local legislators could only be certain that they would be immmne from civil liability and could not be certain that s Although the Steiner Court notes that "well�cstablished federal aw supports the exception," when federal case authority is applied in a state law context, there may be a different outcome, Federal authorities note that one purpose supporting criminal immunity as to federal legislators from federal prosecution is the separation of powers doctrine, which does not apply in the context offederal criminal prosecution of local legislators. However, if a state or county prosecutor brought crhninal charges against a local legislator, the separation of powers doctrine may bar such prosecution. (Cal. Coast., art. Ill, sec, 3) As federal authorities note, bribery, or other criminal charges that do not depend upon evidence of, and cannot be said to further, any legislative acts, can still be prosecuted against legislators, (See Bruce v. Riddle (4th Cir, 1980) 631 F.2d 272, 279 [ "Illegal acts such as bribery are obviously not in aid of legislative activity and legislators can claim no immunity for illegal acts. "]; United States v. Brewster, 408 U.S. 501 [indictment for bribery not dependent upon how legislator debated, voted, or did anything in chamber or committee; prosecution need only show acceptance of money for promise to vote, not carrying through of vote by legislator]; United States v, Swindall (I I th Cir, 1992) 971 F.2d © 2009 California Police Chiefs Assn. 36 All Rights Reserved they would be at all immune from criminal liability under state law, however, there would not be any criminal violation if an ordinance adopted by a local public entity were in compliance with the CUA and the MMPA. An ordinance authorizing and regulating medical marijuana would not, by virtue solely of its subject matter, be a violation of state law; only if the ordinance itself permitted some activity inconsistent with state law relating to medical marijuana would there be a violation of state law that could subject local legislators to criminal liability under state law, QUESTION If the governing body of a city, city and county, or county approves an ordinance authorizing and regulating marijuana dispensaries to implement the Compassionate Use Act of 1996 and the Medical Marijuana Program Act, and subsequently a particular dispensary is found to be violating state law regarding sales and trafficking of marijuana, could an elected official on the governing body be guilty of state criminal charges? ANSWER 3. After adoption of an ordinance) authorizing or regulating marijuana dispensaries, elected officials could not be found criminally liable under state law for the subsequent violation of state law by a particular dispensary. ANALYSIS Based on the state law provisions referenced above relating to aiding and abetting, it does not seem that a local public entity would be liable for any actions of a marijuana dispensary in violation of state law. Since an ordinance authorizing and /or regulating marijuana dispensaries would necessarily only be authorizing and /or regulating to the extent already permitted by state law, local elected officials could not be found to be aiding and abetting a vlolation of state law. In fact, the MMPA clearly contemplates local regulation of dispensaries. (Cal. Health & Safety Code sec. 11362.83 ( "Nothing in this article shall prevent a city or other local governing body from adopting and enforcing laws consistent with this article, "),) Moreover, as discussed above, there maybe legislative immunity applicable to the legislative acts of individual elected officials in adopting an ordinance, especially where it is consistent with state law regarding marijuana dispensaries that dispense crude marijuana as medicine. 1531, 1549 [evidence of legislative acts was essential element of proof and thus immunity applies],) Therefore, a criminal prosecution that relates solely to legislative acts cannot be maintained under the separation of powers rationale for legislative immunity, 0 2009 California Police Chiefs Assn, 37 All Rights Reserved QUESTION 4, Does approval of such an ordinance open the jutsdictions themselves to civil or criminal liability? ANSWER 4. Approving an ordinance authorizing or regulating marijuana dispensaries may subject the jurisdictions to civil or criminal liability. ANALYSIS Under federal law, criminal liability is created solely by statute. (Dowling v. Vnited states (1985) 473 U.S. 207, 213.) Although becoming more rare, municipalities have been, and still may be, criminally prosecuted for violations of federal law, where the federal law provides not just a penalty for imprisonment, but a penalty for monetary sanctions. (See Green, Stuart P,, The Criminal Prosecution of Local Governments, 72 N.C. L. Rev. 1197 (1994) (discussion of history of municipal criminal prosecution).) The CSA prohibits persons from engaging in certain acts, including the distribution and possession of Schedule I substances, of which marijuana is one, (21 U,S.C, sec. 841.) A person, for purposes of the CSA, includes "any individual, corporation, government or governmental subdivision or agency, business trust, partnership, association, or other legal entity," (21 C.I.R. sec. 1300.01 (34). See also 21 CF,R. sec_ 1301.02 ( "Any term used in this part shall have the definition set forth in section 102 of the Act (21 U.S.C. 802) or part 1300 of this chapter. ").)' By its very terms, then, the CSA may be violated by a local public entity. If the actions of a local public entity otherwise satisfy the requirements of aiding and abetting a violation of the CSA, as discussed above, then local public entities may, indeed, be subject to criminal prosecution for a violation of federal law. Under either federal or state law, local public entities would not be subject to civil liability for the more adoption of an ordinance, a legislative act. As discussed above, local legislators are absolutely immune from civil liability for legislative acts under both federal and state law. In addition, there is specific immunity under state law relating to any issuance or denial of permits, QUESTION 5. Does the issuance of a business license to a marijuana dispensary involve any additional civil or criminal liability for a city or county and its elected governing body? ANSWER 5, Local public entities will likely not be liable for the issuance of business licenses to marijuana dispensaries that plan to dispense crude marijuana as medicine. © 2009 Callfornia Police Chiefs Assn, 38 All Rights Reserved ANALYSIS Business licenses are imposed by cities within the State of California oftentimes solely for revenue purposes, but are permitted by state law to be imposed for revenue, regulatory, or for both revenue and regulatory purposes. (Cal, Gov. Code sec. 37101.) Assuming a business license ordinance is for revenue purposes only, it seems that a local public entity would not have any liability for the mere collection of a tax, whether on legal or illegal activities. However, any liability that would attach would be analyzed the same as discussed above. In the end, a local public entity could hardly be said to have aided and abetted the distribution or possession of marijuana in violation of the CSA by its mere collection of a generally applicable tax on all business conducted within the entity's jurisdiction. OVERALL FINDINGS All of the above further exemplifies the catch -22 in which locall public entities are caught, in trying to reconcile the CUA and MMPA, on the one hand, and the CSA on the other, In light of the existence of the CUA and the MMPA, and the resulting fact that medical marijuana is being used by individuals in California, local public entities have a need and desire to regulate the location and operation of medical marijuana facilities within their jurisdiction.6 102 However, because of the divergent views of the CSA and California law regarding whether there is any accepted "medical" use of marijuana, state and local legislators, as well as local public entities themselves, could be subject to criminal liability for the adoption of statutes or ordinances furthering the possession, cultivation, distribution, transportation (and other act prohibited under the CSA) as to marijuana. Whether federal prosecutors would pursue federal criminal charges against state and /or local legislators or local public entities remains to be seen. But, based on past practices of locally based U.S. Attorneys who have required seizures of large amounts of marijuana before federal filings have been initiated, this can probably be considered unlikely. 6 Several compilations of rescarch regarding the impacts of marijuana dispensaries have been prepared by the California Police Chiefs Association and highlight some of the practical issues facing local public entities in regulating these facilities. Links provided are as follows: "Riverside County Office of the District Attorney," [White Paper, Medical Marijuana: History and Current Complications, September 2006]; "Recent Information Regarding Marijuana and Dispensaries [El Cerrito Police Department Momorandure, dated January 12, 2007, from Commander M. Regan, to Scott C. Kirkland, Chief of Police]; "Marijuana Memorandum" [El Cerrito Police Department Memorandum, dated April 18, 2007, from Commander M. Regan, to Scott C. Kirkland, Chief of Police]; "Law Enforcement Concerns to Medical Marijuana Dispensaries" [Impacts of Medical Marijuana Dispensaries on communities between 75,000 and 100,000 population: Survey and council agenda report, City of Livermore]. © 2009 California Police Chiefs Assn. 39 All Rights Reserved CONCLUSIONS In light of the United States Supreme Court's decision and reasoning in Gonzales v. Balch, the United States Supremacy Clause renders California's Compassionate Use Act of 1996 and Medical Marijuana Program Act of 2004 suspect. No state has the power to grant its citizens the right to violate federal law. People have been, and continue to be, federally prosecuted for marijuana crimes. The authors of this White Paper conclude that medical marijuana is not legal under federal law, despite the current California scheme, and wait for the United States Supreme Court to ultimately rule on this issue, Furthermore, storefront marijuana businesses are prey for criminals and create easily identifiable victims. The people growing marijuana are employing illegal means to protect their valuable cash crops. Many distributing marijuana are hardened orimina[3. Several are. members of stepped crimmat street gangs and recognized organized crime syndicates, while others distributing marijuana to the businesses are perfect targets for thieves and robbers. They are being assaulted, robbed, and murdered. Those buying and using medical marijuana are also being victimized. Additionally, illegal so- called "medical marijuana dispensaries" have the potential for creating liability issues for counties and cities. All marijuana dispensaries should generally be considered illegal and should not be permitted to exist and engage in business within a county's or city's borders. Their presence poses a clear violation of federal and state law; they invite more crime; and, Choy compromise the health and welfare of law- abiding citizens. © 2009 California Police Chiefs Assn. 40 All Rights Reserved ENDNOTES 'U.S, Const. art. Vf, al. 2. 'U.S, Const., art. I, sec. 8, at. 3. ' Gonzales v Raich (2005) 125 S.Ct. 2195 at p, 2204. a Gonzales v. Raich. Sae also United States a Oakland Cannabis Boyers' Cooperative (2001) 121 SCt. 1711, 1718. 5 Gonzales x Raich (2005) I25 &Ct, 2195; see also United States v. Oakland Cannabis Ba yers' Cooperative 121 S.Ct. 1711, c Josh Meyer & Scott Glover, "U.S. won't prosecute medical pot sales," Los Angeles Rates, 19 March 2009, availablo at httpl /hvww latimas corn! news !local /la- me- meduotL 0,4Q87571 s or ° See People v. Mower (2002) 28 CalAffi 457, 463, s Health and Safety Code section 11362.5(b) (1) (A). All references hereafter to the Health and Safety Code are by section number only. 9 H &S Code sec. 113615(a). 1° H &S Code sec, 11362.7 et. seq. � H &S Code sea. 11362.7, H &S Code secs, 11362.71 -- 11362.76. n H &S Code sec. 1 1362,77, 'a H &S Code secs, 11362,765 and 11362.775; People v. Urzicea ni (2005) 132 Cal.App.4 "' 747 at p. 786. rs H &S Code sec, 11362.77; whether or not this section violates the California Constitution is currently under review by the California Supreme Court. See People v, Xelly (2008) 82 Cal.Rptr.3d 167 and People v. Phomphakdy (2008) 85 Cal.Rptr. 3d 693. 1fi H &S Code secs. 11357, 11358, 11359, 11360,11366, 11366.5, and 11570. 17 H&S Code see. 11362.7(h) gives a mare oomprehensive list —AIDS, anorexia, aethrilis, oachexia, cancer, chronic pain, glaucoma, migraine, persistent muscle spasms, seizures, severe nausea, and any other chronic or persistent medical symptom that either substantially limits the ability of a person to conduct one er more life activities (as defined in the ADA) or may cause serious harm to the patient's safety or physical or mental health if not alleviated. " s People a Mower (2002) 28 Ca[Ath 457 at p. 476. ",rd. Emphasis added. 20 Packel, Organization and Operation of Cooperatives, 5th ad. (Philadelphia: American Law Institute, 1970),4-5, Z ' Sam Stanton, "Pot Clubs, Seized Plants, New President — Marijuana's Future Is Hazy," Sacramento Bee, 7 December 2008, 19A. "For a statewide list, soebttp. z3 Laura McClure, "Fbrning Over the Pot Clubs," California Lawyer Magazine, June 2006. H &S Code sec, 11362.765(c); see, e.g„ People v. U'Ziecann, 132 Cal.App,4th 747 at p. 764. xs Gonzales a Raich, supra, 125 S.Ct, at page 2195. ' ze People v. Unleemnr (2005) 132 Cai.App.4th 747; see also H &S Code sec, 11362.765. 27 Israel Partial, 4-5. Italics added. zs H &S Code sec. 113623(d)(1), is See, e.g., McClure, "Fun ing Over Pot Clubs," California Lawyer Magazine, June 2006. 3o H &S Code secs. 11362,5(e) and 11362,7(d)(1), (2),(3), and (e); see also People ex rel. Lungren v. Peron (1997) 59 Cal.AppAth 1383, 1395. 31 People v. t4ower, 28 CalAth at 476, Emphasis added. 31 Glenda Anderson, "Laymnville, Marijuana Guru Shot to Death: 2 Others Beaten in Home; No Suspects but Officials BcllevelCilling Related to Pot Growing," Santa Rosa Press Democrat, 19 November 2005, avoilableat / /wwwi. press democrat. com / app p bes, dll/ article7A _M!/20051,L9/NEWS/5111903 311033/ 3a "Medical Marijuana Shop Robbed," Santa Barbara Independent, 10 August 2006, availabla at " Mark Scaramella, "No Good Deed Goes Unpunished," Anderson Palley rldveriis'er, 16 June 2004, available at http: / /www.fheava.co 4 /0616- c erelli,3tn1 © 2009 California Police Chiefs Assn, 41 All Rights Reserved as Ricci Graham, "Pelico Arrest Suspect in Deadly San Leandro Pot Club Robbery," Oalcland D'Ibune, 8 August 2006, available at httn:/ /flndarticles.com/plarticles/tn nn4 /is 20060808/ai 06659257 16 Ricci Graham, "Man Paces Murder Charge in Pot Robbery," Oakland Tribune, 24 August 2005, available at htt p://www.hijzlibeam.caiii/do( , JIP2-7021933.htint "Ricci Graham, "Another Medical Marijuana Clinic Robbed," Oakland Tribune, 10 September 2005, avail abl eathttp / /Yindatticles.eomlplarticleslmi 0417Uis 20050910/ai n15809189 /pri 38 Laara Clark, "Pot Dispensary Owner Siain at Home." Wriah Daily Journal, 19 November 2007, available at "Laura Clark, `Breaking News; Medical Marijuana Supplier Les Come Killed," Ukiah Daily Journal, 19 November 2005; Laura Clark, "Les Crane Murder Investigation Continues," Uldah Daily./burnal, 27 November 2005; Glenda Anderson, "Laymnville Marijuana Guru Shot to Death," Santa Rosa Press Democrat, 19 November 2005; Glenda Anderson, "Pot Activist Likely I(new Killers: Police Believe Gunmen Who Mobbed Laytonville Man Familiar With Home," Santa Rosa Press Democrat, 20 November 2005, available at http: / /www.ecivaWr hts4all.us /content /view /192 90 Mark Scaramella, "The Mende Pot Chromeles," Anderson Valley Advertise , 3 October 2007, available at ht ; /tp /www aicava com/04 /0616- cerelli hunt v Kirk Johnson, "Killing Highlights Risk of Selling Marijuana, Even Legally," Mew York Times, 13 March 2007, available at hit : ww nytimes coo/ 2007103 /02 /us /02cannabis html7 ex= 11818800008cen- c609936094adda50 &ei -5070 42 Tami Abdollah & Richard Winton, "Pot Theft Claimed in Boy's Shooting Death," Los Angeles :(tines, 23 January 2007, available at — Will Bigham, "Claremont Marjuana Dispensary Burglarized," Inland Valley Dally Bulletin, 27 January 2007, available at fittp://www.daitybulletin.com/ei 5104 ab Planning Commission Agenda, available at http:% /www .cl- cerrito.ag; see also Alan Lopez, "El Cerrito Moves to Ban Dispensaries," Contra Costa Times, 24 June2006, available at http: / /www.the- ministry net /forum/ archive /el- Cerrito - moves -to -ban- cannabis - clubs- 6974.htm as Fred Ortega, "City Bans Outlets for Medical Marijuana," San Gabriel Valley Tribune, 17 August 2006, available at ' Greg Beam, "Pot Clubs in Peril; Are San Francisco Zoning Boards a Bigger Threat to Medical Marijuana Than the DEA?" Reason Magazine, February 2007, available at lrtt , /p /wwW reason cony/ news /show /1183141rtml Craig T. Steckler, City ofFramont Police Department Memorandum ee Medical Marijuana Dispensarles -- Potential Secondary hnpaets, 20 June 2006; Tim Miller, City of diurl elm Police Department- Special Operations Division Memorandum re Medical Mar{Jaana Dispensary (MMD) Ban Ordinance, 13 Jurre 2007. -06 Jeff McDonald, "15 Held in Raids on Pot Stores," San Diego Union - Tribune, 7 July 2006, available at littu: / /wwW signonsaiidiMo uom/tmioiitrib /20060707 /news 7m7not html as McDonald; Scale. so Cal. H &S Code sec. 11362.5. sr Ethan Stewart, "The Medical Marijuana Movement Grows in Santa Barbara: Emerald Dreams and Smoky Realities," Santa Barbara Independent, 3 May 2007, available at Irttu: / /hidoueodent.conr/news/ 2007 /mayl03lrnedical- mariivaaa- movement - ¢rows - Santa- barbaral see also Adam Ashton, "DEA Busts Pot Stm e Day After Council Talk," Modesto Bee, 28 September 2006. McDonald. se Stewart. 5 ' r Stewart. ss Stewaa4. 58 National Drug Intelligence Center, Domesitc Cannabis Cultivation Assessment 2007, February 2007; available athtt p.//www.usdo j. nv /ndic ubs21/22432; Jaxon Van Derbeleni, Charlie Goodyear, &Rachel Gordon, "3 S.F. Pot Clubs Raided in Probe of Organized Crime; San Francisco Chronlcle, 23 June 2005, available of http: / /w4vwsfgate, can /cgi- bin /arGcle,egi ?file = /e /a /2005 /06 /23/MNGRODDG321.DTL; LAPD repair Information, 2007. - © 2009 California Police Chiefs Assn. 42 All Rights Reserved 59 Van Derboken, et al. 58 Kate Heneroty, "Medical mar,(juana indictment unsealed, ". 24 June 2005, available at htto• / /jurist law oitt edulpayerchase /2005/ Ob /mediaahma�tluana-indictment- unsealed ply Stacy Finz, "19 Named in Medicinal Pot Indictment: Moro Than 9,300 Marjumm Plants Were Seized in Raids," San Francisco Chronicle, 24 Tune 2005, available at " Organized Crime B ehind 'Medical'MarijumaDispensary in California," Pushingbach, 29 September 2006, available at http: / /pushinabaek eom/ bloeslpushing ,haelJu•chive/2006 /09/29/791 asnx "Ashton. 6° City of San Diego, Crime Statistics, 2007, available at btlp: //www,san(liego 61 National Drug Intelligence CenI or, Martjuana, January 200I, available at �rttp• /Iwwwusdoj gQv_ ex George Anastasia, "Viet Gangs on the Rise Again —The Emerging American Underworld— Gangs' Plant -filled Houses a Growing Part of Drug Tiade," Chronicle of$oredom, 18 April 2007. " Will Bigham, "Houses Linked to Asian Gangs, " Inland Palley Daily Bulletin, 23 September 2007, available at b itw:/ / www.dailylnrllotin com/newsci 6980682 ca Bigham, 23 September 2007. 65 Feds Came and Went —N ow What? Humboldt County News, 30 June 2008, available at http: / /nowshlimcp,m .com /arcliivn /2008/6 66 LAPD Report Number ))13#060625000, ld August 2006. "LAPD Report Number DR#060625001,16 August 2006. " Tim Miller, City of Anaheim Police Depattment: Special Operations Division Memorandum to Marijuana Dispensary (MMD) Ban Ordinance, 25 October 2006; Johnson; Craig T. Steckler, City of Fremont Police Department; Memorandum to Medical Marijuana Dispensaries - Potential Secondary Impacts, 20 June 2006, an Stewart. ao Jolmson, Ashton. n "What has the US, DEA said about medical marijuana? " Medical Marijuana ProCon.org, 2005; "What has federal law enforcement said about medical marijuana ?" Modica] Marijuana PruCon.org., 2009, available at http: / /medicahnarijuana n{ oeon. ora/viewanswers.asp74uestionID= 000630 " Jim Avila, "Marijuana McMansions: Cops Say Organized Crime Is Sending Families Into the Suburbs to Grow Marijuana," ABC News, 14 Jane 2007, available at http / /abcneu +s.eo.com/priut ?id =3242760 ss Avila; Anastasia; "DEA Raids Miami Grow House," CBS5 =rn, 30 April 2008, available at ht tp . / /cbs5 cOns/national/dea mid.mhurd 2.712958 btnil 7s Anastasia. re Bigfiam, 23 September 2007; Ethan Baron, "Angel Linked to Grow -op," The Province (C.Y8Q, 22 May 2005, available at htlu•/ /www lnapi ❑c qr /s newstcl /v05 /n£ �2Ja02,h mt "Bigham, 23 September 2007. ' Bigham, 23 September 2007. Heather Allen, "Marijuana Grew Houses Flourish as Southwest Florida Market Drops," HerahlTribune,com, 24 July 2007, available at 61tp / /www heratdtt•ibuna corn /artieie/y0070724/N)3WS/7Q 40498 8° Eric Bailey and Tim Reiterman, "Where Mary Jane is the girl next door," Los Angeles Times, 31 May 2008, available at htt / /grtic(es latimes cmv/2008 /may /3 t /localhneu si Eureka Flottse Fire the Result of You - know- what," Humboldt County News, 7 Septembor 2008, available at ht�• / /news.lmmcounty.com / ; written remarks of Arcata Police Chicf Randy Mendosa, 1 Match 2009. " Jesse McKinley, "Marijuana Hotbed Retreats ou Medicinal Use;' New York Times, 9 June 2009, available at httpJ /www.nytimes.com/ 2008 /06 /09 /us/pot.hnnl' ?_r= l &em &ex= 1213329 $ ' n Deputies: Fire Damages Holiday Marijuana Grow Home, tampabay.com, 15 February 2008, available at http://blogs.tampabay.co ^news /2008 /02 /holiday- firo -ma html 94 Don Ruane, "Grow Houses Can Impact Utility Bills, Public Safety," News- press.com, 12 April 2008, available at http www. news- pt;ess"co {per s /rbp� ca,dll /art =/20080412/N y JS0103/804120 394 I DEA RaidsMimni Grow House." "Sandy Louey, "Arrests Take Toll on Local Gang," The Sacramento Bee, 14 August 2008, available at hn : /(ww sacbee rorrl/ellCVro /v -_ print /sEor y�310 hmd s 'Avils. 0 2009 California Police Chiefs Assn. 43 All Rights Reserved es Scott Glover, "Morro Bay PotDispensary Owner Found Guilty of Federal Charges," Los Angeles .Times, 6 August 2008, available at http• / /azticles latimes co2008 /aug/06 /locate -net6 es Bailey and Reiterman. 90 Tanis Ramsay, "Special Report; Grow -op House Can Still Be Dream Rome: Realtor Says," 7716 Barrie Advance, 25 August 2008, available at hf!p://www.imoine.org/dtqgqqws/vo8hj8l8/ s' Avila. 92 Bailey and Reiterman. 93 Steve Davis, "Grow Security; Cannabis Culeure Magazine, 6 August 2004, available at 1�'! /www eannabissultme oom/ /ertieles /3441 html 99 Bailey and Reiterman. " See People v. Umlceanu, 132 Cal.App.4th 747. 96 City of Pleasant Hill Presentation to Its Planning Commission by Planning Division Staff on April 24, 2007. "Office Consolidation: By -law 361 -2004 of the City of Brampton, Ontario, Canada. go BillMe.Collum, "Landmark Bill Targeting Marijuana Grow Houses Becomes Law," Attorney General Bill McCallum News Release, 17 Sure 2008, available at hit p t / /myfloridalegal. corn/ nowsrel. nsf /nowsroleases /AFAE7E2BCC1688D 18525746B007OD23B 99 "Asian Gangs Move Grow -ops," The Asian Pacific Post, 27 September 2007, available at http / /www.asi"i aclficgostcom/ portal 2/ ff808g8ll548063N11548240ld00003 asian gangs move crow o s e sign °0 See Asian Gangs Move Chow -cps. 101 See "Does Marijuana Contribute to Psycbotic Illnesses?' Current Psychiatry Online 6(2), February 2007, 1 02 See, e.g., bM. / /www.mhfomLapolicecluefg or /v nnv filers /research /ordinances htmL 103 National Drug Intelligence Center, © 2009 California Police Chiefs Assn. 44 All Rights Reserved NON -LEGAL Abdollah, Tami, and Richard Winton. "Pot Theft Claimed in Boy's Shooting Death," Los Angeles Times, 23 January 2007, Retrieved January 8, 2009, from Allen, Heather. "Marijuana Grow Houses Flourish as Southwest Florida Market Drops." HeraldTribune,com, 24 July 2007, Retrieved January 9, 2009, from http:/ /www heraldtribune. conVartiole /20070724/NEWS/707240498 Anastasia, George, "Viet Gangs on the Rise Again —The Emerging American Underworld— Gangs' Plant-filled houses a Growing Part of Drug Trade." Chronicle of Boredom, 18 April 2007. Retrieved January 8, 2009, from http: / /www.xan @a com/tihailua /584859568 /viet- gangs -on- the - rise- aeain.h Anderson, Glenda. "Laytonville Marijuana Guru Shot to Death: 2 Others Beaton in Home." Santa Rosa Press Democrat, 19 November 2005, Retrieved January 8, 2009, from hM: / /wwwl.Mo deincorat.com /apps /pbca.dlf /ar ticle ? AID= /20051119 /NEWS 511190303/ Anderson, Glenda. "Pot Activist Likely Knew Killers: Police Believe Gunmen Who Robbed Laytonville Man Familiar With Home." Santa Rosa Press Democrat, 20 November 2005. Retrieved January 8, 2009, from http: / /www,egrtalCights4alI us /content/v 92/ Ashton, Ashton, Adam. "DEA Busts Pot Store Day After Council Tall," Modesto bee, 28 September 2006. "Asian Gangs Move Grow -ops." The Asian Pacific Post, 27 September 2007. Retrieved January 8, 2009, from http:// www. asianp2cifienost, com( portal2/ ff8080811548063f0115482401d00003 asian Bane mov grow ops.do h tml Avila, Jim. "Marijuana McMansions: Cops Say Organized Crime Is Sending Families Into the Suburbs to Grow Marijuana." ABC News, 14 June 2007, Retrieved January 8, 2009, from lrtt Vabcnews go corn/print ?id= 3242760 Bailey, Eric, and'T'im Reiterman. "Where Mary Jane Is the Girl Next Door," Los Angeles Times, 31 May 2008, Retrieved January 8, 2009, from http: // articles .latimes.couV2008Lrray /31 /local /me -pot3 t Baron, Ethan. "Angel Linked to Grow -op." The Province (CNBC), 22 May 2005, Retrieved January 8, 2009, from hLtp://www.maiiiic,ory/nowstel/yO5/n823/aO2,htlill © 2009 California Police Chiefs Assn. 45 All Rights Reserved Beato, Greg. "Pot clubs in peril; Are San Francisco Zoning Boards a Bigger Tbreat to Medical Marijuana Than the AEA? Reason Magazine, February 2007, Retrieved January 8, 2009, from h-U://www.ieaso 18314 html Bigham, Will. "Claremont Marijuana Dispensary Burglarized." .Inland Palley Daily Bulletin, 27 January 2007. Retrieved January 9, 2009, from http: / /www.dailybulletin oomlci 5104514 Bigham, Will. "Houses Linked to Asian Gangs." Inland Palley Daily Bulletin, 23 September 2007, Retrieved January 8, 2009, from htro / /wwwdalvbulletin.com /newsci 6980682 Brown, Edmund G., Jr. Guidelines for the Security and Non - Diversion ofMarijuana Grown for Medical Use, August 2008. City of Pleasant Hill. Presentation to Its Planning Commission by Planning Staff, April24, 2007, City of San Diego. Crime Statistics, 2007, Retrieved January 9, 2009, from httnAwww sandiego gay Clark, Laura. `Breaking News; Medical Marijuana Supplier Les Crane Killed." Uldah Daily.fournal. 19 November 2005. Clark, Laura, "Les Crane Murder Investigation Continues." Uk ah Daily Journal. 27 November 2005. Clark, Laura, "Pot Dispensary Owner Slain at Homo." Ukaah Daily Journal, 19 November 2005. Retrieved January 9, 2009, from ht / /www. drug - war• - headline- news(24910 -ca- oa t- dispensary ow slain- home.html Davis, Steve, "Grow Security." Cannabis Culture Magazine, 6 August 2004, Retrieved January 8, 2009, from http; / /www,cau nabiscultore eo m/laxticl es /3 Atml "DEA Raids Miami Grow House." CBS News, 30 April 2008. Retrieved January 8, 2009, from l rth) : / /cbs5.com/nationa ami.2.712958.html "Deputies: Fire Damages Holiday Marijuana Grow .House," to rpabay.com, 15 February 2008, Retrieved January 8, 2009, from http:/ /b1oQs.tampaba�omJbrealcinnnews /2008 /02 /holiday- fire -ma htnil "Does Marijuana Contribute to Psychotic Illnesses?" Current Psychiatry Online 6(2) (February 2007), "Eureka I•Iouse Fire the Result of You -know- what," IZumboldt County News, 7 September 2008. Retrieved January 8, 2009, from httn:/ /news liunicounty com/ © 2009 California Police Chiefs Assn. 46 All Rights Reserved "Feds Came and Went— Now What?" Humboldt County News, 30 June 2008. Retrieved January 8, 2009, from hq:LLnews.A Finz, Stacy. "19 Named in Medicinal Pot Indictment: More Than 9,300 Marijuana Plants Were Seized in Raids." San Francisco Chronicle, 24 June 2005, Retrieved January 8, 2009, from http: / /sfaate,00m/c bin /ailicle.ogi ?file = /c /a /2005 /06 /24BACYV9J)EC4C1 DTL Glover, Scott. "Morro Bay Pot Dispensary Owner Found Guilty of Federal Charges." Los Angeles Times, 6 August 2008. Retrieved January 8, 2009, from http : / /wwwlatimes.com /ne /locaU me- pot6- 2008aug06 0 516054 story Graham, Ricci, "Man Faces Murder Charge in Pot Robbery." Oalcland Tribune, 24 August 2005. Retrieved February 28, 2009 from Mtn; / /www highboam.com/doo/IP2-7021933,hi RJ Graham, Ricci, "Another Medical Marijuana Clinic Robbed." Oakland Tribune, 10 September 2005. Retrieved February 24, 2009, from tt : / /findarticles corn p /articloshni quA 176 /is 200 n15809189 /print Graham, Ricci. "Police Arrest Suspect in Deadly San Leandro Pot Club Robbery." Oakland Tribune, 8 August 2006. Retrieved February 24, 2009, from htlp: / /findarticlos cozn/.� / articles /mi qu4176 /is 20060808/ai_n16659257 Pleneroty, Date. "Medical Marijuana Indictment Unsealed." Jurist, 24 June 2005, Retrieved January 8, 2009, from lrttp / /iurist law uitt edu/Raperchase /2005 /06 /nredfcal- rnariivana ndictment unsealed yhli Johnson, Kirk. "Killing highlights Risk of Selling Marijuana, Even Legally." New York Times, 13 March 2007, Retrieved January 8, 2009, from http;! /www,nytmes.cosn/ 2007 /03 /02 /us /02cannabis.hi =11818 80000 &en= c609936094a dda50 &ei -5070 LAPD Report Information, 2007, LAPD Report Number DR #060625000, 16 August 2006, LAPD Report Number DR #060625001, 16 August 2006. Lopez, Alan. "El Cerrito Moves to Ban Cannabis Clubs." Contra Costa .Times, 6 January 2008. Retrieved January 8, 2009, from htt/ ww w. thc- minishv .net/Forumlarchive /el- c moves -to- ban - cannabis - clubs- 6974.htm © 2009 California Police Chiefs Assn, 47 All Rights Reserved I Loney, Sandy. ".Arrests Take Toll on Local Gang." The Sacramento Bee, 14 August 2008, Redeved January 8, 2009, fiom hgp://www.sacbee,.rom//eltwoygYv-print/stgM/I 1523 10 html McClure, Laura. "Fuming Over the Pot Clubs," Callfornta Lawyer Magazine, June 2006, McCollum, Bill. "Landmark Bill Targeting Marijuana Grow Houses Becomes Law," Attorney General Bill McCollum News Release, 17 June 2008. Retrieved January 9, 2009, from http; 18525746BO07OD23B McDonald, Jeff. "15 Held in Raids on Pot Stores," San Diego union- Tribune, 7 July 2006. Retrieved .February 24, 2009, from http / /www signousandieao.com/uniontrib /20060707 /news 7m7pot hknil McKinley, Jesse. "Marijuana Hotbod Retreats on Medicinal Use." New York Times, 9 June 2008, Retrieved March 19, 2009, from http:/ /www nytimas com /2008 /06/09/us/09 ot,htrnl7 r- 1 &am =8cex= 1213329 "Medical Marijuana Shop Robbed." Santa Barbara Independent, 10 August 2006. Retrieved January 9, 2009, from hitp.: / /indW endont.coia/news /2006 /aus/ 10 /medical - marijuana -shoe- robbed/ Meyer, Josh, and Scott Glover. "U.S. Won't Prosecute Medical Pot Sales," 19 March 2009, Retrieved March 21, 2009, from http: / /www.latimes.o news/ tocaYla- me- modpotl9- 200 stow Miller, Tim. City of Anaheim Police Department: Special Operations Division Memorandum re Medical Marijuana Dispensary (MMD) Ban Ordinance, 25 October 2006, National Drug intelligence Center. Domestic cannabis cultivation assessment 2047, 26 February 2007. Retrieved January 9, 2009, from http://www.usdoi.goylgdigqMhEZIIZZIW Office Consolidation: By -law 361 -2004 of the Corporation of the City of Brampton, 22 November 2004. "Organized Crime Behind 'Medical' Marijuana Dispensary in California," Pushingback, 29 September 2006. Retrieved January 9, 2009, from http / /push n back com/6logs /Hushing back/archive /2006/09/29/791 aspx_ Ortega, Fred. "City Bans Outlets for Medical Marijuana," San Gabriel Valley Tribune, 28 August 2006. Retrieved January 9, 2009, from htto / /www.lca- uk_o rg/lcafonun/viewtopic phR?f 6 &t= 2436 &staart= 0& sid= 15b6da 115a0da43facb441 95cbb © 2009 California Police Chiefs Assn. 48 All Rights Reserved ,.f , Packet, Israel. The Organization and Operation of Cooperatives, 4rh ed. Philadelphia: American haw Institute, 1970. Ramsay, Janis. "Special Report: Grow -op House Can Still Be Dream Home: Realtor Says." The Barrie Advance, 25 August 2008, Retrieved January 9, 2009, from http' / /www mapinc.or /dg ri gnews /v08 /n8l8 /a06.ht Ruane, Don. "Grow Houses Can Impact Utility Bills, Public Safety," News- press.com, 12 April 2008. Retrieved January 9, 2009, from Scaramella, Mark. "The Mendo Pot Chronicles." Anderson Valley Advertiser, 3 October 2007, Retrieved January 9, 2009, from http: / /www.tlieava.com /07 /1003- inando op t,htinl Scaramella, Mark. "No Good Deed Goes Unpunished." Anderson Valley Advertiser, 16 June 2004, Retrieved January 9, 2009, from hft://www.gioava,00na/04/0616-oozolli,hW Stanton, Sam, "Pot Clubs, Seized Plants, New President Marijuana's Future Is Hazy." Sacramento Bee, 7 December 2008, 19A, Steckler, Craig T, City of Fremont Police Department Memorandum re Medical Marijuana Dispensaries — .Potential Secondary Impacts, 20 June 2006. Stewart, Ethan: (2007, May 3). "The Medical Marijuana Movement Grows in Santa Barbara: Emerald Dreams and Smoky Realities." Santa Barbara Independent," 3 May 2007. Retrieved January 9, 2009, from http: / /independent. com/ news / 2007 /may /03 /medical- marijuana - movement -gro ws -santa -barb ara/ Van Derbokon, Jaxon, Charlie Goodyear, and Rachel Gordon. "3 S.F. pot clubs raided in probe of organized crime." San Francisco Chronicle, 23 June 2005. Retrieved January 9, 2009, from http: / /www.sfga.te. com/cgi- bin /article.ogi ?fil /c /a /2005 /06 / 23 /MNGRODDG321.DTL "What has federal law enforcement said about medical marijuana?" Medical Marijuana ProComorg, 2009. Retrieved February 24, 2009, from http : / /medicalniari'uana.procon.ore vvitwanswers,as 000630 "What has the U.S. DEA said about medical marijuana ?" Medical Marijuana ProCon.org, 2005. 02009 California Police Chiefs Assn, 49 All Rights Reserved Attachment B 2014 Memorandum from the Santa Clara County District Attorney Reserved County of Santa Clara Office of the District Attorney 70 West HeddingStreet, West Wing,5u Moor San Jose, califoaua 95110 (408) 299 -7400 Jeffrey P, Rosen District Attorney Issues Surrounding Marijuana in Santa Clara County By Patrick Vanier, Supervisor of Narcotics Prosecution Team Business Practices that Epitomize the Problems with the Proliferation of Marijuana Dispensaries In 2014, the Santa Clara County District Attorney's Office prosecuted a case involving the transportation and possession for sale of six pounds of dried marijuana and twelve pounds of concentrated cannabis. The defendant told investigators he was delivering marijuana from a vendor on behalf of his San Jose -based marijuana club. During trial, the director of the marijuana club, described as a "marijuana dispensary," testified to the business practice and organization of the club. The club consists of approximately 14,000 members between 2 "stores" in San Jose. 50 "vendors" throughout California sourced this "dispensary" with marijuana. Within the marijuana industry, the term "vendor" refers to a person who supplies marijuana to dispensaries and receives compensation for the product. The director identified the 50 vendors as persons who have marijuana cultivation sites which he has neither visited nor inspected. This particular dispensary does not pay city or state sales tax, or any income tax. The club generates approximately $1 million a year in annual sales involving approximately 100 pounds of dried marijuana bud, 30 -40 pounds of wax (a form of concentrated cannabis) and varying quantities of cannabis products in other forms. The concentrated cannabis products are primarily manufactured using butane or other chemical solvents. This method of manufacturing is a crime under California Health and Safety Code section 11379.6 because of the hazards associated with production. The business practices and organization of this club epitomize the many problems resulting from the proliferation of marijuana clubs in Santa Clara County. Illegal marijuana cultivation operations generate a significant number of collateral crimes on the supply side. For example, marijuana clubs and dispensaries self-monitor in the absence of government oversight. Therefore, there is no way to be sure how and from whom the clubs are acquiring their inventory of cannabis products, Law enforcement agencies have gathered valuable intelligence that some clubs are selling marijuana harvested by illegal cultivation operations. This intelligence has been documented through arrested individuals, "vendor" membership agreements or Prop 215 notices referencing local dispensaries, and subpoenaed club records. Marijuana Case Trends The District Attorney's Office observed the following trends based on recent cases prosecuted by the Office. The following statistics include only issued cases, not pending investigations. Between 2011 and 2013, the Office issued criminal charges against I72 illegal marijuana growing operations. Of these cases, 118 were Page 2 identified as "indoor grows" and 54 were classified as "outdoor grows." Once again, these numbers only reflect a representative sample of cultivation operations within Santa Clara County. Indoor Grow Operations While indoor marijuana grow operations can be found in a variety of settings, including warehouses, barns, and back rooms of business establishments, the most common locations were single family homes in residential neighborhoods. These are locations where entire rental properties or vacant foreclosed homes are converted into clandestine greenhouses. The interior rooms for these homes are typically modified without construction permits, without permission from the banks (usually involving squatters) or knowledge of the rental property owners. With no regard to safety, structural integrity or value to the property, these former residences are generally ransacked. Often times the electricity to homes where cultivation operations are present have been haphazardly rewired or compromised in other forms to accommodate the equipment — e.g. grow lights, fans, irrigation pumps, timers. Electrical circuit boxes are modified to bypass electricity from the power company's meters (usually PG &E) resulting in the theft of millions of dollars in energy. House fires associated to residential marijuana gardens are frequently caused by the theft of power. Investigators also report tremendous amounts of moisture and standing water inside these indoor grows from leaking water sources, as well as humidity associated with the indoor process. Standing water is a breeding ground for caustic spores, black mold and fungus. Puddles of water combined with extension cords and exposed wiring create electrical hazards. First responders typically wear protective gear and respirators to avoid these dangers. Of 118 indoor mariivana grows over the last three voars: • 76 involved converted homes, • 2 involved converted warehouses, and • 41 of these locations were identified as rental properties. In at least 61 of these cases, electrical bypasses were observed where theft of power was deemed present and there were 5 house fires associated to indoor cultivations. The victim homeowners for these vandalized properties are by and large burdened with hundreds of thousands of dollars in clean up costs from indoor grows. Outdoor Grow Operations The other source of harvested marijuana comes from outdoor marijuana gardens. A large number of outdoor cultivation operations reviewed by the District Attorney's Office were investigated by the Santa Clara County Marijuana Eradication Team (MET). Over the last three years, the MET team reported the removal of 355,005 marijuana plants and the seizure of 1,838 pounds of processed marijuana bud derived mostly from outdoor grow locations. These outdoor grow sites were typically discovered by detectives in remote areas of unincorporated Santa Clara County — eastern foothills of Milpitas and San Jose, Gilroy and Morgan Hill foothills, the base of the Santa Cruz mountains and the eastern foothills of Los Gatos, Los Altos and Saratoga. Marijuana gardens have been found on public lands (e.g. Henry Coe State Park and Midpeninsula Regional Open Space District) and private property in varying sizes. These grows can have a few hundred plants over a small plot of land or tens of thousands of marijuana bushes spread over many acres. The number of marijuana plants will determine the yield potential for an operation. Most law enforcement experts conservatively estimate that a single marijuana plant can produce about 1 to 2 pounds of marijuana valued at $1,500 to $3,000 per pound (wholesale pricing). During harvesting periods for outdoor cultivations, May through October, the number of individual harvests for a single location can also impact Page 3 the profitability of the enterprise. Experienced growers can get two or three harvests on a single plot of land each year. The same is true for indoor marijuana locations, however, such locations can obviously grow year round. The level of sophistication of these outdoor grows can vary as well. Some outdoor operations have only one or two experienced cultivators, while others have teams of migrant farm workers tending to the crop. The single most important variable for any outdoor grow is a nearby water source. Many outdoor operations are set up near creeks, rivers or reservoirs. Water is diverted without regulatory permits or permission from landowners. There have been numerous instances of water diverted to illegal marijuana grows from nearby legitimate farms. Illegal outdoor marijuana cultivators pollute waterways with pesticides, rodent poisons, human feces, trash, and soil erosion, Wardens with the California Department of Fish and Wildlife assist MET detectives with these investigations and recommend the charging of environmental crimes associated with marijuana cultivation. Of the 54 outdoor marijuana gardens charged between 2011 -2013, at least 24 of the grow sites were on private land and 11 were on public property /open space. Environmental crimes were charged in 21 of these cases. Other Associated Crimes In addition to the crimes and social impacts unique to the two styles of marijuana cultivation, other alarming trends have been noted. Within the sample size of the 172 cases referenced above, firearms were located in 36 investigations. Other controlled substances, e.g. methamphetamine, were found in 25 cultivation sites, Children were reported present in 10 instances. Serious or violent felony crimes, e.g. burglary, robbery or assaults using deadly weapons, were reported in 8 investigations, In 2012, one investigation of an outdoor marijuana garden resulted in an officer involved shooting when one of the marijuana growers pointed a loaded .22 caliber semi - automatic rifle at a Fish and Wildlife Warden. Organized Crime Probably one of the least talked about issues involving marijuana grows has been the influence of organized crime. Law enforcement has documented numerous instances of organized crime controlling the cultivation of marijuana, Conservatively, at least 8 documented instances of Mexican National Drug Cartels and /or criminal street gangs have been tied to marijuana grows. At one outdoor marijuana operation, investigators found written references to the Sinaloa Drug Cartel and a drawing of "Jesus Malverde," the patron saint of drug traffickers. At another indoor - marijuana grow, officers found a "Santa Muerte" statute, a Mexican cult figure. associated with violence, criminality, and the illegal drug trade. Within the last five years, the U.S. Drug Enforcement Administration (DEA) and the Santa Clara County Sheriff s Office Multi - Jurisdictional Methamphetamine Enforcement Team (CAL -MMET) have identified multiple cartel drug trafficking cells operating within the county. These organizations are poly drug traffickers distributing methamphetamine, cocaine, heroin and marijuana. Through a variety of investigative techniques, DEA and CAL -MMET have learned that both indoor and outdoor marijuana cultivation is just one of many lucrative businesses operated by cartels to supplement the trafficking of methamphetamine and cocaine from Mexico. Mexican drug distributors will engage in human trafficking to bring farm workers up from the territorial regions the cartels control —Sinaloa or Michoacan —to tend to the cultivations, DEA and CAL -MMET investigations have resulted in the arrest of several high ranking drug distributors who have described to investigators firsthand how marijuana cultivation is a significant component to their overall business. Law enforcement has also seen the rise of multiple Vietnamese criminal street gangs distributing marijuana within Santa Clara County. In 2010, California Department of Justice, Bureau of Narcotics Enforcement, investigated the Insane Viet Thugs (IVT), a documented street gang distributing marijuana and other Page 4 narcotics, as well as firearms, Agents learned through the investigation that IVT was managing a network of grow houses and distributing drugs throughout the Bay Area — San Jose to Vallejo. The investigation of IVT resulted in the service of 22 search warrants throughout the Bay Area and the prosecution of 22 validated or associate gang members, the seizure of approximately 1,500 marijuana plants from 5 indoor grow houses (a total of 7 grow houses were identified during the investigation) over 71 lbs of harvested marijuana, 16 firearms (including 3 assault weapons), over $110,000 in U.S. Currency and various quantities of heroin, cocaine, methamphetamine and ecstasy, The information provided in this narrative demonstrates how the lack of any significant regulatory schemes to control the supply of marijuana to dispensaries is impacting public safety and quality of life within the county. DA Jeff Rosen supports Santa Clara County's efforts to establish comprehensive guidelines designed to prevent the dangerous and illegal activities from illegal cultivation and distribution of marijuana. Attachment C Various News Stories from Throughout the County Reserved 1012712016 Fire that destroyed dozens of homes sparkedby an illegal mariluannoperallon, oAtcials say - tAurnes Fire that destroyed dozens of homes sparked by an illegal marijuana operation, officials say By Associated Press AUGUST 17, 2016, 5:30 PM A fire that destroyed 43 homes last year in a largely rural area north of San Francisco was sparked by an illegal marijuana- growing operation, officials said Wednesday, but the two suspects fled the country before they could be questioned. The Rocky fire burned about 7 oS square miles in Lake, Yolo and Colusa counties, destroying 43 homes and 53 outbuildings before it was contained. It began near where firefighters are now battling an unrelated fire that investigators say was caused by a serial arsonist. Last year's fire was started by a faulty water heater near where about loo marijuana plants were being grown east of Clearlake, said California Department of Forestry and Fire Protection spokeswoman Janet Upton. httpt //www.lallmes.comAocai/cal rorrdaAa -me- Are- potoperation- 20160617- snap- storyhtml 1/2 Engineer David Irvine rests nextto a fire - ravaged hillside along Water Trough Road In Lake County south of C lea rlake on Aug. 5, 2015. (Gene ro Molina / Los Angeles Times) 10/2712016 Fire that destroyed dozens of homes sparked by an Illegal marijuana operation, officials say• LAilmes "It was strapped to a tree. Quite inventive, and why it was not very safe," she said. The fire was the second -most destructive in the Lake County area last year, behind the Valley fire that destroyed more than x,goo homes, The cause of a third nearby fine that burned six houses remains under investigation. In the current fire, Aamiu Pashilk, 40, of Clearlake, is charged with 17 counts of arson including setting the fire that has now burned a portion of the town of Lower Lake, But officials say he is not a suspect in any of last year's three big fires, The Rocky fire was one of at least five marijuana - related wildfires in Northern California last year, with four more reported so far this year, Southern California's climate isn't as favorable for growing marijuana at the lower elevations overseen by CalPire, Upton noted. Officials could not say whether the nine recent fires are an increase, But it's concerning enough that the department is considering breaking out such fires into a separate category when it revises its reporting system in 2ox8, Upton said. Copyright © 2016, Los Angeles Times htlp:// www, laiimes .00m /leoal/california+la -me fire potoWratioo-20160817- snap- story,html 212 10127/2015 Man allegedly sets fire to protect marijuana plants lrcm Jerusalem blaze- LATlmes Man allegedly sets fire to protect marijuana plants from Jerusalem blaze The fire is burning nearthe massive Rocky Fire, By Veronica Rocha AUGUST 11, 2015, 7',08 AM 0 n Sunday evening, firefighters were battling more than 1'. dozen fires across Northern California, including at new one called the Jerusalem fire that was exploding north of Napa in Lake County, Then they received reports of another fire nearby, intentionally by a man allegedly trying to protect his Juan Ramos Silva, 49, of Tower Lake was taken into custody on according to the California Department of Forestry and Fire Pre determined this fire had been set operation. of arson and setting a backfire, Silva started the large backfire at 5:43 P,m. Sunday, a couple of mil away from the Jerusalem fire in a rural, sparse area northeast of Middletown, said Lt. Steve Brooks of the L'zke County Sheriffs Office. Silva told deputies he started the blaze to prevent the Jerusalem fir from reaching his home. But officials concluded he set the fire behind the marijuana grow to "protect his plants, not his residence," Brooks said. http: / / WwWJalimes. coat /IocalAanow/ta- meln- jorUSalam- fire- 20150810slory,hlml 1/3 10127/2016 Man allegedly sets tiro to protect marijuana plants lrm Jerusalem blaze- 1,4 Times Silva told deputies he was a firefighter in Mexico years ago and "had attempted to conduct a controlled burn on the back of his property to protect it," As some firefighters dealt with that blaze, a much larger force was evacuating residents and trying to control the Jerusalem fire, which burned 5,000 acres in less than a day, fueled by drought conditions and winds, More than ro,000 firefighters are battling 18 fires in California. More than 5o fire engines from Arizona, Nevada and New Mexico were sent to California to bolster the army. Silva is the fifth person arrested on suspicion of arson in the last two weeks, according to CalFire. "Especially now with the dry conditions from the drought, we will absolutely not tolerate arson of any type and will track down those suspected of causing harm to our communities," CalFire Chief Ken Pimlott said in a statement. CalFire spokeswoman Amy Head said 95% of all fires are started by people. "If you live in California, you need to be prepared," she said, Because of the drought, firefighters are experiencing unprecedented fire activity that is aggressive and explosive, Head said, Fires are usually fanned by winds. But that's not the case this year. Bone -dry woodlands are driving flames, and fires are becoming unpredictable. The Jerusalem fire, she said, is the latest example of how dry brush and rugged terrain could be explosive. Residents in Lake County are now dealing with two large wildfires consuming thousands of acres of woodlands north of Napa: the Jerusalem fire and the Rocky fire. The causes of the fires are under investigation. The Jerusalem fire, named for its proximity to Jerusalem Road, came days after firefighters began to gain ground on the massive Rocky fire. The Jerusalem fire started at 3:42 p.m. Sunday, CalFire officials said, Firefighters battled the blaze as flames moved northeast in dense brush and steep terrain, toward nearby communities. Crews and additional resources were pulled away from the Rocky fire to help several miles south in the firefight. Residents living in the Jerusalem Valley area east of Spruce Grove Road are under mandatory evacuation orders. Firefighters were still battling the 69,636 -acre Rocky fire, which was 85% contained. The erratic blaze that burned across three counties destroyed 43 homes and 53 outbuildings; eight structures were damaged, The Rocky fire is the largest burning in California, MpA /www.latiman,ccM /local /lanow4a me-In- jerusalem- fire- 20150810-story,html 2/3 10/27/416 Man allegedly sets fire to protect marijuana plants frcm Jerusalem blaze - IA Times Strong winds are expected across northeastern California and parts of the northern Sierra Nevada, Parts of Del Norte, Humboldt, Sisldyou and Trinity counties will be under a red flag.warning and fire weather watch starting Monday afternoon because of gusty winds and possible dry lightning. Veronica,rQcha@Iatirnes.com Twitter; @VeronicakochaLA Copyrlghi @ 2016, Los Angeles Times UPDATE 7 a.m., Aug. 11: This article was updated throughout. 1:52 p.m., Aug. 10: This story has been updated throughout with now details, including an arrest being made. This story was originally published at 8;17 a.m. This article is related to: Crime, Arson, Droughts and Heat Waves, Weather http:// www. latimes. com llocai /lanowtla- mcln- jaruselem- fire- 20156810.siory.hlml 3/3 10/27/2016 Arrest made in cannabis robbery Recordnet.com . News worth sharing vn/rne Arrest made in cannabis robbery Manday Posted Oct 24, 2016 at 6:52 PM Updated Oct 24, 2016 at 6:52 PM By 4"Goldm Record Staff Writer FelieW SAN ANDREAS — Calaveras County sheriffs deputies arrested a man over the weekend wanted for a marijuana robbery and shooting that took place earlier last week. Kevin Louis Cucuk was arrested about 7:45 p.m. Saturday hiding out in a residence on Pine Cone Lane in West Point. He was charged with suspicion of attempted homicide, robbery, kidnapping, false imprisonment, assault with a deadly weapon and being a felon in possession of a firearm, according to the Sheriffs Office. Last Tuesday, Calaveras deputies responded to Bummerville Road near West Point on the report of a marijuana robbery at 2:50 a.m. A victim told the deputies that as he was trimming marijuana plants, a suspect appeared and pointed a gun at the victim's face, ordering him not to move. The assailant ordered the victim to walk a short distance and sit down while he placed a large amount of marijuana onto a tarp. He then ordered the victim to bring him a motorcycle. The assailant then took the motorcycle, valued at $2,500, and the marijuana, valued at $5,000, according to the report. httpJf www.recordnet.com /news/20161024 /arrest -m ads -in- cannabis robbery 1/2 1027/2016 Arrest made in cannabis robbery Atone point, the victim reportedly heard the assailant and an unknown person talking, but he could not see that other person. Within one minute after the robbery, the owner of the marijuana arrived, He and the victim walked to the edge of the property where they saw someone on the motorcycle. Shots were fired from two different types of firearms in their direction, the Sheriff's Office reported. One of the victims identified Cucuk as the robbery suspect as well as linked him to other crimes related to this case and investigation, according to the report. The Sheriff's Office believes Cucuk has been involved in other robberies of marijuana in the area. If anyone has been the victim of a similar crime, contact the Investigations Division at (209) 754 -6564 or (209) 754 -6500. — Contactreporter joe Goldeen at (209) 546-8278 orjgoldeen@arecordnet com. Followhim at and on Twitter .......... . ........................................................... ............................... CcdjoeGoldeen. htlp: //www. recce' dnetcom /newst20161024 /arresbmade lo-cannabis- robbery 212 1012712015 Explosion unveils merijuana extraction lab in Murrieta (UPDATE) - Press Enterprise Subscribe Today j Customerservlce . P- Edition . Advartlsa I Search Website Q Top Workplaces { UnidosSC.com Weather CARS JOBS HOMES DEALS CLASSIFIEDS NEWS NEWS NEWS NEWS Storm brings Now families of Don'thave DA'SOHiceseeks mudslide danger to Esperanza Halloween plans? death ponaltyfor Blue out fire burn firefighters marked Here are some Ideas man charged with area xo -year anniversary shooting, killing Palm NEWS Chiropractic Injury Care Explosion unveils marijuana extraction lab 951 -737 -1252 i n Murrieta (UPDATE) fll' , ersldeYellow Pages THINGS TO DO (i +1 I l.iHe Bharo Tweet By ANNE MILLERBERND /STAFF WRITER Gubrlshed;AUg. 26 2016Updated; AuL.2T, 2016636p.m. Updates with arrest details Most Popular Events See All A honey oil lab exploded inside a Murrieta home on Friday, Aug. 26, damaging a home but causing no injuries, News Sports T Entertainment I Business I Life I Opinion I Blogs I Photos I obits city News Politics 1 Topics i Environment j Education Announcements i Traffic ' Photos I Blogs possession of marijuana for sale and arson, according Do YOU KNOWA9OUT THIS to a news release from the Murrieta Police Department. Kiss CASE? p Anyone with inform ation on this A shotgun was recovered, the release Said, and the incidentis asked to call the watch commander at951- 896-3615. Police Department will ask that Delvecchio be charged Witnesses may also provide with being a felon in possession of a firearm. information anonymously through We Tip at809782 -7461 Detectives said they found 226 grams of marijuana Wax (honey oil) with a street value of at least $9,040. Detectives also located 7,389 grams of marijuana with a street value of at least $184,725. Press - Enterprise Rewards Oct 30 Mmon0o Casino, Resod & Spa Cannabis oil, also called honey oil, is a name forthe concentrated liquid extracted 800-514 -7253 from Bid rij Dana. It tends to be a gold ish yellow color. The process for making it- -using ADVERTISE YOUR Joe OPEN1N0 HERD a butane gas flame --can be dangerous. The fumes can ignite or explode, especially if the process is done indoors where the fumes collect instead of dissipate. http:IANww.pe.com/articlesihome 113 10/2712076 Explosion unveils marijuana extraction lab in Murriota (UPDATE) - Press Enterprise In this case, detectives determined that the explosion occurred as a result of the honey oil being placed in the refrigerator for the purposes of cooling it, which is part of t h e m anufacturing process. Traces of butane gas remain with the honey oil even after the process is completed. Butane gas is heavier than air and will settle at the lowest point, police said. Before the explosion Friday, the butane gas emitted from the honey oil settled at the bottom ofthe refrigerator nearthe compressor. Once the compressor was activated, the butane gas reacted to this ignition source, which resulted in an explosion. Anyone with information on this incident is asked to call the watch commander at 951 -696 -3615. Witnesses may also provide information anonymously through We Tip at800. 782 -7463. Sign up to get breaking news updates delivered to your inbox. Enteryouremail address Sign up DIGITAL & DRIVEWAY DELIVERY - 50% OFF News sports I Entertainment I Business I Life I opinion I Wags I Photos obits City News I Politics 1 Topics ' Environment Education Announcements i Traffic I Photos I Blogs MORE FROM BREAKING NEWS Idyllwild -area body, car crash may solve missing person case Pence plane slides off runway at NYC's LaGuardia Airport Hesperia deputies putl2 from burning car following crash Press - Enterprise Rewards http:pwww.pe.com/ articles /hom"11643-pwpfe honey.himl 213 10/2712016 Frightening Aleged Robbery of Marijuana Shop Ends Like'Dumbest Criminals Video ILaw News Lawyer Claims She Was - VafeRecord Nearly Violates ; . GOP Totally Ignores Clarence Ted Cruz Hints a GOP ,'. Racked Emalls Suggest I RIM L I FIVE HIGH PROFILE CELEBRITY CRAZY IMPORTANI SPORTS NEWSLETTER WATCH LIVE: JUSTIN ROSS HARRIS HOT CAR DEATH TRIAL Like 'Dumbest Criminals Vid by Chris White 112:11 pm, August gth, 2016 ze 1 L2,--1 11Ha submit rweat _ Gsi .W What began as a very dangerous armed robbery at a marijuana shop near Seattle on Sunday ended more like a scene from America's Dumbest Criminals, According to KOMONews.00m, police say two men, one of whom was armed, forced their way into the Have a Heart marijuana dispensary SIGN UP FOR THE LAWNEWZ NEWSLETTER Subscribe MORE FROM ABRAMS MEDIA Nashville Teacher Arrested After 3 Kids Found Stuffed in Her Trunk as'Reward' 'She Was in Love With ME %Trump Blasts Woman Who Claims He Sexually Assaulted Her Here Are the 7 Most Shocking Claims In Gretchen Carlson's Complaint Against Fox's Roger Ailes Woman Who Claims Trump Sexually Assaulted Her Goes on Anti - Donald Twitter Rampage by Teboota MORE PROM AROUND THE WEB Martinez told KOMONews.com, "When I saw them open the door, they immediately put a gun on one of the staff's face, put them on the ground, and f immediately called 911.." WATCH: This Site Will Completely Change the Way You 1 Buy Glasses OI¢ssesOSA.com 'Congress Give Homeowners Who Owe Less i Than $625kA Once -In -A- lifetime Mortgage...' LowerMy0ills New Denture Technology Now Available to Public Dentures Ace Sponsored Links by Tahosla WHAT'S POPULAR Woman Tried to Vote Straight GOP Ticket, But Machine Showed Hillary Clinton DNC Wants judge to Hold RNC In Contempt for Trump's Alleged Voter Scare Tactics http: / /Iawnewz.comNideolfrightening- alleged- armed - robbery -of- marijuana- shop-ends -like- dumbest- criminals- video! 116 10/27/2016 Frightening Alleged Robbery of Marijuana Shop Ends LJke'Dumbest Criminals Video 1 Law News Federal Judge Orders Hearing In Donald Trump Rape Lawsuit Man Legally Forced to Pay Child Support Even After DNA Test Proves He's Not Dad Ted Cruz Hints a GOP Controlled Senate Will Block Any Clinton SCOTUS Nominee TIPS Have a tip or story ideal Email us. Or ffi1':7 to keen it anonvmous- click here. 11 LIVE HIGH PROFILE CELEBRITY CRAZY IMPORTANT SPORTS NEWSLETTER °,Moms, WATCH LIVE: JUSTIN ROSS HARRIS HOT CAR DEATH TRIAL progress, police were able to set a secure perimeter around the building, according to Seattle police detective Mark Jamieson Meanwhile, the alleged robbers reportedly continued to go through the store, stuffing marijuana and cash into two duffle bags. According to Jamieson, the two masked men eventually exited the building, only getting a few steps from the door before being told to stop by responding officers. The two suspects were immediately taken into custody without incident and booked into the King County Jail. Police say they recovered a handgun and two duffle bags from the alleged suspects. "It was almost like the dumbest criminals videos,' Martinez told the news station, speaking about how the incident ended. The store employees were reportedly able to free themselves, and although still somewhat shaken up by the incident, none suffered any physical injuries. Marijuana dispensaries in the Seattle area have seen an increase in attempted robberies lately, according to the report. Seattle area Congressman Denny Heck told the news station the inereose in robbery attempts is a result of the fact that marijuana dispensaries are cash -only businesses. Nanking institutions, essentially, do not want to run afoul of federal law by accepting credit card payments for marijuana, which, under federal law, is still considered to be an illegal drug. All cash. That is a magnet for crime," Congressman Heck told the reporter. "And we ought to do away with it and provide these legally constituted businesses access to hanks." Ryan Hunkel, a co-owner of Have AHeart, also said he he fears marijuana shops will remain a target until the banking laws change. http:II Iawnewz ,comfvidaolfrightening- elleged- armed - robbery -of- marijuana - shop -onde -like- dumbest - criminals - video/ 2/5 10127/2016 Frightening Alleged Robbery of Marijuana Shop Ends Like'Dumbest Criminals Video I Law News Although, he added, thieves seem to have the wrong idea about how much cash the dispensaries actually keep in the stores. Follow LawNewz filed under marijuana robb s, eattle Washington Promoted Stories sponsored unk� by r.boola Shop UNIQLO Today! $40.90- .Wglo...m MIMI 1111E HIGH PROFILE CELEBRITY CRAZY IMPORTANT SPORTS NEWSLETTER >n..s- PrP�nemcx,com I__ Merau, WATCH LWE: JUSTIN ROSS HARRIS HOT CAR DEATH TRIAL Long Beach: This Meal Service Is Cheaper Than Your Local Store Home Chef American Tourister iLite Areme Spinner 21- Capri Breeze $99- buyara.com Relaxed Straight Jean, Men's $18.99- ae.com Thinking About Going Solar? 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Solar Q.otes The Gmajl Trick that Google Doesn't Want You to Know eoomerana for Gard More from LawNewz • There's Apparently Another Trump Video Coming, And This One Is Going To Sink His Candidacy • No More Flying, FAA Grounds Donald Trump's Jet • Nand Pelosi Just Had a Moment of Accidental Honesty About Clinton Investigation • Trump'sformer Lawyer Pens Massive Article Explaining Why He Mustn't Be president • Hacker Group anonymous Declares'War' on Donald Trump • We Fact Checked Trump's Claim That 'Virtually Every Single' Legal Expert Believes Clinton Committed a Crime • Clinton's'Right -Hand' Woman On Private F- malls Being Released: 'Terrifying' • Bill O'Reilly Plans to Sue Fx -Wife For $10 Million For'Misleadirl Him in Divorce • Yes, Donald Trump Was Accused of Raping a 13 Year Old, But This Lawsuit Has Little Chance of Succeeding hdp lfAawnewz,comNideolkightening- alleged- armed - robbery- aFinarijuana- sho"nds- like - dumbest- criminals - video/ 315 10128/2016 Hash oil burns a growing problem for California hospitals - Washington Times Hash oil burns a growing problem for California hospitals ay- Ma,dolvd Press - Sunday, June 7, 2015 SACRAMENTO, Calif. (AP)- Tracey Clark's two teenage sons landed in intensive tare, enveloped in gauze and their faces raw and red from burns aver 40 to 60 percent of their bad les suffered in afire, which prosecutors say was caused by an illegal hash -oil lab at their uncle's duplex. "I was scared they were going to die," said Clarl(. similar scenes have played out throughout California in recent years as intense fires from the illegal manufacture of butane hash oil = cheap and easy to make but extremely volatile -have exploded, the Sacramento Bee reported Sunday (http; 1/bitty /1lvDm1aJ), At two of Northern California's major burn treatment centers - UC Davis Medical Center In Sacramento and Shriners Hospitals for Children, Northern California - injuries from butane hash -oil explosions account for 8 to 10 percent of severe burn cases, a larger percentage than from car wrecks and house fires combined, said Dr. David Greenhalgh, chief burn surgeon at both hospitals. "It's kind of an epidemic for us," Greenhalgh said. There have been times when half of the 12 beds in UC Davis' burn unitwere filled with patients injured In hash -oil explosions, he said. Between 2007 and 2014,101 patients with suspected or confirmed burns from butane fires were admitted to the two hospitals, most of them in the past three years, according to Greenhalgh. Most were adults, but six of the admitted patients were under 18. SPONSORED CONTENT R.co mendedby Statewide, illegal manufacturing of hash oil has become a public health menace on a par with illegal methamphetamine labs In prior decades. While federal and state statistics on butane hash -oil explosions are not readily available, there are numerous reports of arrests and fires at the local level, In Butte County, for Instance, prosecutors said 31 illegal hash -oll operations were uncovered in 2014. "We're already on track to exceed thatthis year," District Attorney Michael Ramseysaid. The numbers are similar to the annual count of meth labs the county was breaking up in the 19805 arid 1 90s, he said. Butane hash oil, a highly concentrated form of cannabis, Is illegal to manufacture but is legal to sell under California's medical marijuana law, meaning dispensaries most get their supply from Illicit operations, according to law enforcement officials, Hash oil, made from discarded marijuana trimmings and used to make cooldes and candies, sells for $600 to $1,300 per pound wholesale and can have a retail street value of $22,000 per pound. The lucrative market is helping to drive hash -oil production, while the wide avallablllty of online videos and inexpensive supplies Is compounding the number of tragic fires, said law enforcement and medical professionals. Lawmaker; are looking at ways to regulate the sale of butane. A bill introduced in February would prohibit any Individual from buying more than 400 milliliters of butane in a month and impose reporting requirements on retailers, Similar limits on the cold medicine pseudoephedrine, a key Ingredient of methamphetamine, are credited with curbing meth production in California In recentyears. SPONSORED CONTENT http:JN✓ww.washingtontimos.com/ news /2015]jurdT /hash -oil- burns -area- growing - problem- for -calif hos/ 1/2 1027/2016 Marijuana labs spawn lethal explosions across the country - LA Times Marijuana labs spawn lethal explosions across the country By Verena Aobnik OCTOBER 1, 2016, 12:45 PM i REPORTING FROM NEW YORK n explosion that destroyed a New York City home and killed a veteran firefighter has drawn attention to marijuana - malting methods that are legal in many states — but can also be lethal. A New York fire battalion chief died responding to the blast Tuesday in a Bronx home that authorities say had been converted into an indoor marijuana farm. They're investigating whether the alleged growers tampered with gas lines and mishandled other materials in ways that caused the explosion. Indoor marijuana farmers can create potential fire hazards by using natural gas, propane or butane to power carbon dioxide generators that make the plants grow. In recent years across the country, similar methods used to produce more potent marijuana extracts have resulted in explosions and other catastrophes. Indoor gas use "is a standard way to grow marijuana," says Michael O'Hare, a professor at UC Berkeley who is an expert in cannabis cultivation. "I£ you raise the CO2 level, it'll grow faster." http:// www. ladmes ,com /natiorVnationnowfa -na- pot •labs - 20161001- snap-story,html 1/3 Firefighters and other emergency personnel at the scene of house explosion in the Bronx borough of New York. Authorities believe that the house was the site of on [ndoor marijuana growing operation. (Mary Altaffer /Associated Press) 10/27/2016 Marijuana tabs spawn lethal explosions across the country - LA Times Some growers rely on tanks of propane or butane gas because using large amounts of metered gas from a utility could draw the attention of authorities, O'Hare said. In those conditions, a gas leak could spell disaster, he said. An hour before the explosion at about 7:3o a.m. on Tuesday in the Bronx, dozens of nearby residents said they could smell gas wafting over the neighborhood. The house had already been evacuated and fire personnel were on the scene when the blast sent debris flying, killing Chief Michael Fahy, a x7-year fire department veteran and father of three. His funeral was held Saturday. Two suspects, GarivaIdi Castillo and Julio Salcedo, were arrested and are being held on drug charges while authorities try to determine whether there is evidence that could result in more serious counts related to Faby's death. Prosecutors said in court this week that the two -story Bronx property was full of combustible items related to the pot operation, including grow lamps and vats of liquid fertilizer. Windows were sealed and other areas covered with extra insulation to retain heat, Plants the size of "small trees" were growing in bedrooms on the upper floor, prosecutors said. Given that only about half of U.S. states have legalized marijuana, either for medical or recreational use, it's impossible to estimate how many such growth labs exist, O'Hare said. In marijuana production - related accidents, more than so people were injured last year in Colorado from butane explosions involving hash oil — a concentrated form of marijuana extracted from the plant's leaves and flowers. Last year, a marijuana dispensary in Santa Fe, N.M., was engulfed in flames after a blast that injured two workers, Fire department investigators said a butane leak met with an ignition source, causing an explosion powerful enough to separate the roof from the wall and melt fluorescent lights, And in Washington state, federal prosecutors have brought charges in five cases involving explosions during hash oil production. The former mayor of Bellevue died while trying to escape a fire linked to such activity. In the past year or so, an especially strong concentrate is appearing — "shatter," a form of cannabis wax derived from butane hash oil that is about five times more potent and faster - acting than unrefined smoked cannabis. It's legal for recreational use in states such as Colorado and Washington, and sold in medical marijuana dispensaries in other states. Dobnikwrites for Associated Press. Copyright © 2016, Los Angeles Times This article Is related to: Homicide, Crime hhp:// www. lallmes ,com /natiorVnationnowlla -na- pot -labs- 20161001- snap- story.html 2/3 1012712016 Most pot dispensaries are forced to be cash- only. Now lhey'reprime targets for violent robberies - IA Times Most pot dispensaries are forced to be cash -only. Now they're prime targets for violent robberies By Rick Anderson JULY 11, 2016, 3:00 AM he recent killing of a marijuana store security guard in Colorado and the wounding of another guard in San Bernardino are the latest examples of the crime lure posed by cash - onlypot dispensaries, industry observers say. But while those armed robbery attempts and a pot store shootout in Walnut Park in Los Angeles County were unfolding last month, Democratic- sponsored legislation that could have led to more dispensaries offering plastic and electronic payments in lieu of cash was blocked by House Republicans, "Moments such as this," said security expert Michael Jerome of Blue Line Protection Group, referring to the recent killing of 24.- year -old Colorado pot store guard Travis Mason, "remind us that the cash -based nature of the legal cannabis industryhere in Colorado makes these dispensaries and cultivation facilities prime targets." See the most -read stories this hour >> hltp: GW ww.latimes.com /natioNla- na-pot shops - 20160711- snap- slory.html 113 Members of the Los Angeles County Sheriffs Department ooIlect evidence at marijuana dispensary in Walnut Park In June. The shop's owner shot and wounded two men trying to rob the store, authorities said. (Mark Boater/ Los Angeles Times) 10/27(2016 Moat pot dispensaries are forced to be cash -only, Now they're primetargets for violent robberies - LA Times A former Marine with a wife and three children, Mason was shot in the head on June rg by two armed robbers at the Green Heart pot dispensary in Aurora, a Denver suburb. It was his second week on the job. The would -be robbers, who fled without any money, are still being sought. Rewards totaling $x2,000 have been offered for their capture. "This incredibly sad situation underscores the public safety risk faced by our industry due to the fact that we don't have access to banking," Michael Elliott, executive director of the Marijuana Industry Group, told the Aurora Sentinel. That risk was underscored on June 8 when a Walnut Park medical marijuana dispensary owner survived a shootout with two would -be robbers. On his security camera, the owner spotted the two men arriving with masks and armored vests, according to a Los Angeles County sheriffs spokesman. One was carrying an assault rifle. The owner drew his own gun and wounded the two as they entered. The owner escaped unharmed. Santa Ana police recently announced a $soo,000 reward for information leading to the arrest of a suspect in the shooting of another marijuana dispensary owner, Derek Worden, 48, who survived two bullet wounds outside his store in November. Police said anonymous donors provided the reward money after the investigation stalled. Worden's dispensary had been open for just four months. The shooter ran off without any money, officials said. Crime statistics concerning legal dispensaries are hard to come by as the industry expands, and, understandably, operators are reluctant to talk about how much cash they can have on hand. But in a late - night Seattle dispensary break -in last year, for example, thieves got away with $too,000 in cash, police said. Recreational use of marijuana is dominated by Western states — it's legal in Colorado, Washington, Oregon, Alaska and Washington, D.C. Altogether, 25 states and the District of Columbia allow some form of recreational or medical marijuana use. California, Nevada and six other states could make marijuana legal in a majority of U.S. states in November when they vote on legalization measures. Marijuana Business Daily reports that potential ballot measures loom in another six states, and predicts that legal pot could become an $8- billion industry in the U.S. by 2or8. But marijuana use remains illegal under federal law, causing most banks to steer clear of the industry. As a result, most dispensaries must deal in cash. The Senate recently approved legislation to protect banks against repercussions if they do business with marijuana dispensaries, but a Republican- controlled committee blocked a similar amendment in the house. http : /Iwww.latimes.com /natioManR- pot - shops- 201607il -snaj -story.htmi Ws 10/27/2096 Most pot dispensaries are forced to be cash -only. Now they're prime targets for violent robberies - LA Times One of the co- sponsors, Rep. Dennis Heck (D- Wash.), mentioned slain Colorado pot store guard Travis Mason after the GOP action. Heck told the National Journal that "every single member who opposed allowing this amendment ought to have that young man's name tattooed on their body to remind them." More banks are opening their vaults to pot entrepreneurs, the Associated Press reports. In March, 300 financial institutions were working with marijuana companies, based on federal data. That compares to 51 in March 2074. But cash -only remains a business hazard, Pour days after Mason's killing in Colorado, a 35- year-old San Bernardino medical marijuana dispensary guard was shot in the head, He survived but remains in critical condition. Three armed robbers got away with a haul of cash. That was similar to a robbery last year at a San Bernardino dispensary, except in that case, the guard, Anthony Victor Pineda, 25, died from his wounds, police said. The robbers fled with the cash. ALSO Woman driving with her :t5 -month -old son is shot several times Santa Clarita Valley brush fire grows to i,ioo acres and is 49% contained Memorial planned to mark 4o -year anniversary of Cal State Fullerton shootings Copyright© 2096, Los Angeles Times http;//www.laGmes.cominatiorOl na-pot- shops - 201607 7 9 - snap- storyhtml 3/3 Criminals target medical marijuana -US news - Crime & courts I NBC News ,�. _ .._ ...._. .....,— ...� .............. s Ncommmd 19 A7 ?��r iiiii lg target �me ical Wash, shootout involving mdryist highlights risk to growers * Avioss ,swans v,asti tl do BR➢m B W,eq Prier SAN,PRANCI3C,Q,— Patients, growers anddinlcs in some ofthesq states that allow medical marijuana are falling victim to robberies, home invasions, shootings and even murders at the hands allot thieves. 'there have bean dozens of cases inrecent months alone. Thefssua received more attention this week after a prominent medical marijuana activist m Washngton state nearly killed a robber in a sha lout— the eighth timethievesbad targeted his pot-growing operation. Critics say the balers and holdups prove that marijuana and crude are Inseparable, though marijuana advocates centendthNt further legalization is tho answer, News of crimes related to medical marijuana comes at an awkward time for California and Washington advocates who are pushing to pass ballot measures to allow all adults, dAjuaLthe seriously III, to possess the drug. Page 1 of 2 move Wide stands In a room used to grow central meridiest in his home in Wooed, Wash, Poll Iavestasaid a ohoowut buni epoch and arobbor to Mc homo an Mondry, sarich says hu ueos "Wheneveryou are dealing with cargo, and moray, there is going to be crime, Ifpeoplethink otherwise, they areveryneve;'said Scott Kirkland, the police ehiefin III Cerrito, Calif,, and a vocal critic of hie state's voter - approved an critical marijuana law. "People rides if we decriminalize it, the Mexican cartels And Asian gangs are going to walk away. Thalia net the world [Iva in," Kirkland said. Unwanted attandres Activists and law enforcement officials say it is dibkolt to got on ceramic picture of at hnes linked to medical marijuana because many drug users don't report the crimes to police for fear of arousing summed attention from the amlu rbica, But the California Police Chiefs Association need press clippings to compile 52 medical maOjuana- rclatad crimes — including seven homicides— from April scroll to March zooq, Thera also is plenty ad anecdotal widened: A man in Washington state was beaten to death last weekwith what is believed to he a crowbar after eonfrontli g an intruder on the rural properly where he was growing cannabis to treat painful back problems. Medical marijuana activist Steve Sarich exchanged gunfire with Intenders in Ids lrkland, Wash., home near Seattle on Monday, shooting and critically injuring one of them. In CallforWO, a boywos shat to death while allegedly trying to steal a cancer patient's pot plants from his home Settled, Arespected magazine crime one killed in cool by robbers who targeted his Northern California home for marijuana and money after heating that his teenage son was growing pot with a doctor's approval. Robbers killed a securityst and at a Las Angeles medical marijuana dispmresum aunt. Police and matijuann opponents say the violence is furtherproofthatthe proliferation of medical marijuana is a problem that will worsen if the drug is legalized or decriminalized. Pat activists say the opposite: that prohibition breeds crime and legalization would salve the problem, They dead say the robhmiies have expasedthe need for more regulation of medical marijuana laws in red. like California, Washington and Colorado. "The potential for people to get ripped offend for people to use gees to have to defend themselves against rdhbata to very ram," said Keith Stroup, founder and chieflegal counsel for the National Organization for the RCPotm oliMarliuma Laws. "nut he nothing to do wide medical marijuana. It is to do with the failure of states to regulate this." Marfjume,advocates say there is adequate regulation in NmvMexk,i where officials say there hard been no vialnnt medical marijuana robberies. Medical ommabls Is primarily a) own by asmall number of regularly inspected nonproRts in New Mexico, and the daft. keeps their names and locations aenfidemrd -The law includes extensive requirements covering security, quality control, staff training and education about the use oftho drug. bttp:// www ,nbQnews.conVidl359407561nslus_ news - crime_ and _courtslticritninals - target -.,. 10/27/2015 Criminals target medical marijuana - US news - Crime & courts I NBC News Page 2 of 2 Vague rules Most medical marijuana states have Huyvaguexules for caregivers or dispensaries participalingin a business with products that eanfeteb Soon an ounce•Rama tan", including California and Colorado, sea only guess hmvmany pat dispensariestlaylava bacaasathe businesses don't have to reglsor with the state. "This Is ridiculous, in my opinlon, to have medical marljuana sad no regulation Stroup said. "Ajewetrystore wauldn't open without security, and ifit did, a scuzzy person's going to break in and steal all their diamonddP Stephen Gutwillig, California director of the pro -pot Dnrg Policy Antares, said that while the rohberieaare d1ambi g, there is no way to conclude that hgalized marijuana breeds anymore crime than convenience stores, banks or homes awaked with expensivejewclryand electronics. In fuel, Denver police said the 25 robberies and burglaries targeting medienl mark Tana in the aryin the last half of zoog amounted to alower calm. ratethan whdtbanks orliquorstorm theca sufferad, T thhu(whatwe are seoingis a spate of crime Yhatreflects the Hardly ofinediwi mar Joana cultivation and distribution through unregulated means," Gutvdllig sold. Morijuauais dill illegal under federal law, but the Chance adminisYrat(ou lomemaed its guidelines forpmHemalons of medical put lad year. The Justice Department told Federal prosecutors thatmrgedng neovie who use or provide medical Rothman Lt strict compliance with state laws was not a good use of thew tinm. The decision energized the medical marijuana movement and came as Washington crate and California are trying to get pot legalization measures on the ballot Activists are still gathering signatures, and it's not yet known ifthe measured will qualip far 91e ballet. Meanwhile, California cities have been trying to rein in the drug in response to a medical nrarlju nom law that is the nation's most Murat Detective Robert Prfl des of the Los Angeles Police Department said he has investigated n het &dozen dispensary robberies In thalasryear, but he has earn the number of such crimes drop in recent weeks after the City Can Heil moved to close many stares. In all the canna Has investigated, armed robbers have stolen marijuana, cash and other items. They often recall the drug on the street. "They am going Into a business and using a threat of forte," Matins said. "Evan though they Rye, in an establishment that itself is questionably legal, its our duty to investigate." Cnpyrl111 zoo ThnAU<1100 PYWI, All 111101rvvervad. W NHHe Y101nop not bapahoshud, boardc"el, raR Hon m- I vat ibumd. 1 6H 1J 1{�pammand 14p<apla ratemaentllUVS. ebn up l"anewnat t yomfdendammmmeM. ,...... �. http: / /www.nbcnews.com/id /35940756 /ns /us_news -crime and_ courts /t /criminals - target... 10/27/2015 Marijuana Deliveryman Robbed in Richmond - The Bay Citizen FRONTPAGM NEWS MULTIMEDIA EVENTS More Toploe Page 1 of 2 i59aYah 6U1 CRIME The Say CllluOlhanks our spons.re Marijuana Deliveryman Robbed in Richmond daily news bdeMps sign Up hgs:llwww.baycitizen,org/ news /erimelmarijuana- delivery - man - robbed- richmond/ 11/2/2015 A9OUTU5 S UFFORTUS SENUATIP Adjust Text Size ri lIq ,o, ._ ........................................................................................................................... ............................... READ IT LATER $1,000 and one pound of pot missing by Oubs cs IYo7rev— .Nay28, 2010, 1208rtm, 0 About theAuxhox A $an Francisco State student who delivers medical mariJgaha door- to -daof was' robbed at gunpoint just nearmidIrghl Thursday in Richmond, The assallants lock $1,000 in cash and a pound at poi shoshanawntter Aaron Chandler. 33, runs Alternative Rx Solutions, a business he describes as a Crime Pulse of lha ROy, mobile medical marijuana dispensary catering to lower - Income, ill and disabisd Policing TU. Boy Clitzen thanks oor sponsors patent.. r Fallow @ehoeehis. Chandler, reached later by telephone, said he received a delivery order through his woheite around 9 p,m. Wednesday for a pound of marijuana tram a Richmond man. He traveled from San Francisco to an address on the 4800 block of Cutting Boulevard to deliver It. When he arrived at about 12 :16 a.m., police ` Rgs Used in this Story say he and two friends were robbed at gunpoint of the product and their cash. Tohecomea member of Chandler's LollooBVII, a patient must register Using a Richmond 29 medical morljuanaldentiflcaflen nuinberoruploada scan ofs dealer's Marijuana M recommendation. Chandler said he also asks for proof of Identification upon delivery. He said he never got that opportunity. Chandler said he usually olmos shop at about 7 p,m., but when he talked to the man on the phone, his story seemed credible. Oror: Not a valid Facebcok Page ad. "Its claimed to have his awn collective and said he had patients that were dlsawed and that he wanted to by to sea me, but he had his daughter with DID and his daughter was asleep and he had to leave early in the morning to most a sick patient,' Chandler raoalled. "He sounded really sincere, like a really good guy. I didn't think it would be a problem to go help him out," Chandler said he, his girlfriend and a friend hoppnd Into Chandler's truck with the pound ofmadjaana the man had requested. hgs:llwww.baycitizen,org/ news /erimelmarijuana- delivery - man - robbed- richmond/ 11/2/2015 A9OUTU5 S UFFORTUS SENUATIP Marijuana Deliveryman Robbed in Richmond - The Bay Citizen Page 2 of 2 "And than they kind of aurrcundod me. They ware just like, 'Welcome to Rtohmond; and somebody hit me one more time across the buck of my head and they took off funning across the stm V Having written about conducting safe tmnsuollona on his blog, Qmmdlersald the robbery hud his sense of trust more than his bi ainase, Richmond police said the incident could have been avoided with common sense. "We would dissuade people from trying to do these types of transactions, even if they're legal," said Lf. Mark Cagan of the Richmond police DepmimeoL "At face value, its a very serious crime thatihese people are victim, of. But If this was any type of iransaction on eBay, you wouldn't he buying no antique at midnight under a carport." Gagan said robberies at storefrontdispensadea are not uncommon, but mobile dispensaries are parilcularly vulnerable to crime. Chandler sold he won't make the same mistake again. I really like to help people and I kind of gat blinded by that sometimes.* The San Francisco State student has already ouWned new security measures. "There are some places weluat won't go, Don't do anything after dark unless you're already femlllar with the patient in your collective and only deal with patients In your eoliaolfve," he sold. Discuss & Contribute Sign Up or Log In to comment on this article. ., — Citizen Contribution amt Discm'sion There aren't any comments yet. 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Please read them. littps : / /www.bayci6zeiLorg/ news / crime /marijuana - delivery- man- robbed- rchmond/ 11/2/2015 — stolcmoneyirom- Ehendtefsgklfdendand thefrlarichTehandhir If"oekataandiol -- him ha wouldn't he able to And him because the medical marl(uana ID number he'd used to place the orderwas stolen, Places with More Marijuana Dispensaries Have More Marijuana - RelatedHospitalizations... Page 1 of 2 u cL A,MEDIC:.AL MAR.)JUANA RESEARCH Home I Aboutthe Study I Research Team I Research Findings Frequently Asked Questions l Contact Us I Featured Places with More Marijuana a Press Release Dispensaries Have More Marijuana- - Research Findings Related Hospitalizations Recent News PITTSBURGH, Aug. 10, 2015 — People who live In areas of Places with More Marijuana California with a higher density of marijuana dispensaries Dispensaries Have More experience a greater number of hospitalizations involving Marijuana- Related marijuana abuse and dependence, a University of Pittsburgh Hospitalizations (August, 2015) Graduate School of Public Health analysis discovered, Dispensaries /Delivey Services The National institutes of Health- funded research, published and Marijuana Use (September, online and scheduled for the Sept. 1 issue of the scientific 2014) journal Drug and Alcohol Dependence, could be informative as more states consider legalizing marijuana for medical and The Economic Geography of recreational use. It is the first analysts of the statewide impact of Medical Marijuana Dispensaries marijuana dispensaries on abuse and dependence, as well as In California (July, 2014) the first look at population characteristics associated with Mow Colleges Are Preparing marijuana- related hospitalization rates. Students for a Country Where "As marijuana is approved for medical or recreational use, we Pot Is Legal (January, 2014) need to carefully consider where we allow dispensaries to be 10 Things Medical Marijuana placed," said lead author Christina Mali, Ph.D., assistant Won't Tell You (August, 2013) professor in Pitt Public Health's Department of Behavioral and Community Health Sciences. "Our study indicates that there are Student Researchers on Front real problems associated with a higher density of marijuana Lines of Marijuana Issue dispensaries in neighborhoods. More study and monitoring, Panel; Medical Marijuana: coupled with thoughtful legislation and community discussion, Helpful or Harmful? (March, wli be prudent to ensure that marijuana laws have the fewest negative consequences for vulnerable populations." 2013) The ledger; Legal Medical In 1998, California was the first state to legalize medical Marijuana Has Some Worried marijuana, allowing physicians to prescribe the drug for medical (March, 2013) purposes. Since then, 22 states and Washington, D•C., have enacted similar laws, and four of those states also have Study; Pot Shop Security Could legalized recreational use. Pennsylvania doesn't allow either, Reduce Crime (February, 2013) though it is considering permitting medical marijuana. Washington City paper: Vice Dr. Mair and her team looked at data on California hospital Principles (January, 2013) discharges that had either a primary or secondary medical code Top Downloaded Article of for marijuana dependence or abuse with at least one overnight November 2012 (November, hospital stay, The research covered 2001 through 2012, the 2012) most recent years for which consistent data were available, NBC • Number of LA Pot Shops Hospitalizations with marijuana abuse or dependence codes In question (September, 2012) Increased from 17,489 In 2001 to 68,408 in 2012. More than 85 http:// www. uclamedicalmarijuanare ,gearch.com/node /33 11/2/2015 Places with More Marijuana Dispensaries Have More Marijuana - Related Hospitalizations.., Page 2 of 2 MyFoxLA - Ban on Pot percent of marijuana- related hospitalizations were coded as Dispensaries on Hold abuse, rather than dependence, and 99.2 percent were (September, 2012) secondary codes, meaning the person was primarily hospitalized for something other than marijuana. 89.3 KPGC Southern California Public Radio (September, 2012) When the research team mapped the location of marijuana Woodland Hills Patch dispensarles and cross - referenced it with the ZIP code of each (September, 2012) patient's home, they found that each additional dispensary per square mile in a ZIP code was associated with a 6.8 percent Increase in the number of hospitalizations linked to marijuana abuse and dependence, In additlon, Dr. Malr and her team found that marijuana dispensaries and hospitalizations were more likely to be located In areas with lower household incomes and lower educational attainment, "It's unclear If the marijuana dispensaries are simply locating in neighborhoods that tend to be more disadvantaged and already have underlying problems with marijuana abuse, or If the presence of the dispensaries is causing an increase In abuse and hospitalizations," said Dr. Mair. "It could be a combination of both factors." Dr. Malr noted that research on the location of marijuana dispensaries has a parallel precedent in the location of liquor stores. This gives policymakers and public health practitioners the opportunity to learn from previous studies on the health effects of density and location of liquor stores In order to design studies that can provide similar data on marijuana dispensaries, "Once dispensaries open, It is much harder to go back and create regulations to guide their location and density," said Dr, Main "Passage of laws permitting marijuana use and sale is likely to continue, so it is critical that we continue to research the impact of dispensaries on the health of local communities to provide guidance on regulations and public health outreach to prevent abuse." Additional researchers on this project include senior author Bridget Freisthler, Ph.D., of UCLA's Luskin School of Public Affairs. Co- authors are Andrew Gaidus, M,E.M., and William R. Ponickl, M,A„ of the Prevention Research Center in Oakland, California. This research was funded by the NIH's National Institute on Drug Abuse grant R01 -DA- 032715. http : / /wwvv.o pmo. com /mediatNewsReleas es /2015 /Pages /m air - marijuana.aspx © 2011 UCLA Medical Marijuana Research. All Rights Reserved. http;// www. uclatnedicalrnarjjuanareseasch .com/node /33 11/2/2015 Regulating marijuana delivetq services — not just dispensaries — could help address recr... Page 1 of 2 U LA MEDICAL AA}1RI,tt.!ANr't I CRESEARCH Home I About the Study ( Research Team I Research Findings 2013) Froquently Asked Questions I Contact Us I — as measured by the density of dispensaries and Featured Regulating marijuana delivery • Press Release services — not Just dispensaries — • Research Findings could help address recreational use Recent News Banning medical marijuana dispensaries or Places with More Marijuana regulating their number and density in a given city Dispensaries Have More may not be sufficient to lower marijuana use if Marijuana- Related medicinal purposes but gives regulatory control of Hospitalizations (August, 2015) delivery services open In their place, according to Dispensaries /Delivery Services UCLA research. and Marijuana use (September, 20 14) The new study, led by UCLA social welfare professor The Economic Geography of Bridget Freisthler and co- authored by Paul Medical Marijuana Dispensaries Gruenewald of the Pacific Institute for Research and In California (July, 2014) Evaluation, compares self - reported marijuana use How colleges Are Preparing by almost 9,000 people In 50 California titles where Students for a Country Where Pot Is Legal (January, 2014) medical marijuana Is available through storefront 10 Things Medical Marijuana dispensaries and delivery services. The study's Won't Tell You (August, 2013) authors say the results can help lawmakers Student Researchers on Front understand how regulatory practices affect Lines of Marijuana Issue marijuana use across cities. Panel; Medical Marijuana: Helpful or Harmful? (March, A key finding from the study was that people In 2013) cities with greater availability of medical marijuana The Ledger; Legal Medical — as measured by the density of dispensaries and Marijuana Has Some Worried (March, 2013) delivery services — reported more current marijuana use and more frequent use. In addition, Study: Pot Shop Security Could Reduce Crime (February, 2013) the number of storefront dispensaries In a Washington City Paper Vice community was more closely related to frequency of Principles (January, 2013) marijuana use than the availability of de)lvery Top Downloaded Article of services was,Californta allows marijuana use for November 2012 (November, medicinal purposes but gives regulatory control of 2012) dispensaries to local jurisdictions. But, Freisthler NBC - Number of LA Pot shops said, despite heightened interest from public health In question (September, 2012) littp;// www. uelanie4icalinari juanuesearch.corn/node /30 11/2/2015 Regulating marijuana delivery services —not just dispensaries —could help address reer.., Page 2 of 2 MyFoxLA - San on Pot Dispensaries on Hold (September, 2012) i 89.3 KPCC Southern California j Public Radio (September, 2012) i Woodland Hills Patch i i (September, 2012) researchers and an emerging understanding of statewide policies, little is known about how access to marijuana through dispensaries corresponds to patterns of use on a city -by -city basis — and whether marijuana legalization is actually leading to greater use. "The relationship between the physical availability of marijuana and the number of medical and recreational users could suggest a supply -and- demand relationship In which dispensaries and delivery services are opening in locations with higher demand," said Frelsthler, a faculty member at the UCLA Luskin School of Publ(c Affairs. "In terms of future policy, this could mean that banning storefront dispensaries or regulating the number and density of dispensaries may not be sufficient ways to reduce marijuana use If delivery services open In their place," she said. "The Implication is that regulating delivery services needs to occur along with the regulation of storefront dispensaries." Researchers also found that 18- to 29- year -olds were more likely to use marijuana currently and frequently than any other age group, which suggests that that concerns about young people's access to marijuana may be warranted. The study was published Sept. 2 In Drug and Alcohol Dependence, It was funded by the National Institute on Drug Abuse. © 2011 UCLA Medical Marijuana Roseorch, All Rights Reserved, http:(/ www, uclamedicalrnarijuanaresearoh ,com/node /30 11/2/2015 Medical Marijuana Deliveryman Robbed by Baton - Wielding `Ninja Warriors' Page 1 of 3 un0oa,aarnnvnon Aberdeen l' a STUDY: ath healed us in medieval ffinea -- before human 002 REPORT: Children 61 times more like ' r Ivfofjaya ftlentltV Sloler e I e one ..............._,.......,_.._..__..__....__.,........._.....,__._.--------------- ........_....._...._,------------- _ ------- ..__........_._. ........... Medical Marijuana Deliveryman Mobbed by Baton-Wielding Warriors' Submitted by IWB, on March 20th, 2012 Ahan G. fl Tweo�Q2 Up. [t WEST COVINA (CMS) —A medlosl marijuana cloliveryman was still shaken up on Monday after What he descrlbad as a mbhery by two men ollaeodly dragged as ninia warriors. KNX 1070 ?s John Brook reparte the robbers used the an AMA[ arts gelup to canoeal their Ids ntity as they got away with a big bag of marijuana. Free TeChnighe From Former Goldman Sachs Traam' Former Goldman Sachs Trader Scott Mauer reveals the strategyy be can't live wlthoutl Learn how to limit your risk and maximize the laverage of stock options using this short -term strategy that requires refativaly small capital. Get It now - FREEl This offer Is available for a limited Limo. Trading Advantage 7ha esaailante wen repurted dressed in all blank war masks over their faces endwlolded martial arts bacons —known as tenors —to Intimidate the dsliveryman around 10 p.m. last Friday at a0 apatlmant house along the 000 block of South Sunset Avenue in West COVIne poliaeaald. "After he made his del Nary, he was walking back to his vehicle and was approached by two males In their 20s wearing nmja cesium as and holds no while batons," cold W. Travis Tlbbats. The vlotim dropped the bag of madjuena and sled the scene, said Tlbbats. The dsliveryman was not hurt in the repoded robbary , which took plaoa jvat a short distance from the pollco station. Police said the suspects are in their 20s, approximately 58? in height, and thin In stature. Anyone with Information on the robbery Is asked to call West Covina poll, at(626)939 -8667. f } } Trade with Trnde9tallan Voted boat for aptiona trod are by MarYbn'a 2076 More From Us From Our Partners http:llinvestmentwatchblog.com /medical - marijuana- deliveryman- robbed -by- baton- wieldin,,, 11/2 /2015 Marijuana doliveryman robbed in Santa Maria B iome Uncovered SLO Daily Briefs Discovered Sa ins end Dual e opinion Evn an the Coact Login Events Event Locations Weather D°� Advertise Emgiovelent Search JIj& Store 4 Nov 2035 El 1> S M T W T r S 61 02 03 04 05 06 07 Da as iD ii tz is t4 t5 ifi i7 la I9 20 23 22 23 24 25 26 27 28 2g 30 Things to Do, People to see - - - - -- aangaryi7,2g13 Event Calendar A man robbed o medical marijuana dullvery man at gupleunt Wednesday Dvening In Santa Marla [jik z »wk Police Sgt, Russ Mengel. An employee of the Go Green Compassionate Care Collective was delivering medical marijuana to a patient when the robber approached him with a handgun In the 50D block of East Cook Street around 7:30 p.m. "The suspect demanded two space full of mar(ivana products the victim was attempting to deliver to a patient;' said Santa Marla No Injuries occurred. The suspect, who was In his early 20s, tied by foot and remained at large. ...� ^ou4. v rt uw a - 'n ie i eu im.w LIN• »puaplo llkv lhla. 16 Gfl 2 0 4 Print M POF @1 72 K- PYeylg rs Turn in AK -47 aand't one c aydljit The comments below represent the opinion of the writer end do net represent the views or policies of CaICgastN»w4.e0m. ( modWgtu,A.koastnewscom Comment Guidelines 10 ' Comments............. _. .............................................._..........._......... ................_..........._.. p / 7(2013 at 3.00 om eMyso sensa says; The robber must have either known the patient, or the delivery driver. How else would be know what was In the cases? Elthm that or he has a slope ky sense of smell. tit (s) 1 5Total Votes -5 up-0 down Page 1 of 4 events • Scaurc Fro ugh EV D • mi Promote vour Event here far Preel Sponsored Links BlAl 1 °BTA 11 Recent And Most Commented . kec nka r k=vlawea r Most commented . Sponsored Links gvt>l2oia at 122 am bummerrora says: Now let ma gat this straight? in the previous article a man Working for a collective gets arrested after being palled over while delivingi Than Ih this article the police Or olooking for a robber who stole probably the same amount of barb from the ceps took from Chance at Ebotamca. What a crack of shit t tell youli Crock of Shlt this wench I ai (9) Of oTotel Votes -goo -odown http,Healcoastnews.00m /2013/01/ marijuana- delivQryman- robbed -in- santa- maria/ 11/2/2015 Search Cal Coast Nevis.com Search Sponsored Links Search for 2 men who robbed medical marijuana delivery drivers - CBS News 8 - San Die,.. Page 1 of 1 Search for 2 men who rob bad medical marl liana delivery drivxra paa.,.'A. u,.,a.1 nWMT 0,0*4; A, 22, 1010s'03FFIVST IMPERIAL Beane (Gleo- ALIh01Alo5 wol0 on loo hunt TOoadny (.rWO=1 Wlla roDLad Ma&dJ Mell)u¢pe dOM,y dd"fo of pmlPainl In anpn6019.a,r, Tha ddvan%oat.Ilamplfan to deliver modlnel mgdld.oa e1 Case en Wev fvot Wool.5 µm Monday Cohen Wo man aopraaa el on root, acanpinV M Lon nwou oounlyxhedffa 6aL Jool9lmnA r. Ono alUo men MI.Wonad the ddvala W10 abloak e ml gulemalld FOndALn and took o halpaok oon01nl0B ar9Flaouveo almedf..u the aemegntaaW ln. ald'a ant The aa'a. than ➢ad an Not, la.NnA rim ddvors Wh.aeed.9FenAeraeltl. MINAIM" deaodbod all" .1%o auapLGe - brook, 5 reel 10 and 150 Pound', WIN a IFin mosrmoaond Boeloa. He aeH Fla a.- Woo 'Amob'ondhewore a b990Y0my Son bIllu aloW aW..Whld, b"Y brue loons end a bleak bazeball oap, oo oN ng la rho somaehl, His ocaraprroo Woe daacdhod ax dlmk, 6 reel tallnnd 220 parade, Iadt9uon Wait, fired T IhR and do* flans, AOY 109 lhinlarmallou on tho roDba..a a'kod Ia aal Ih. 9Folp(s papntlmantb Impanel negate aubslall" at War OnQ L0. wa'ld All ountenlaa0apydAh12000- 2016 WoddNaW and MMvasl Tal9YWOR lac. All PlAhls Reso'.d. now Far mar -14a .orlon on 111"11o, pieese load wr Pdveav Palley old T?"- at L.n ea . http:// www. ebs8.Qom/storyl2O6490211seareh- for- 2 -nien- who - robbed - medical- marijuana -.., 10/27/2015 Medical marijuana delivery person held up in High Desert robbery Page 2 of 7 • Obituaries • Place an Obituary Opinion Col�ur y Home 9f' News Medical marijuana delivery person held up in High Desert robbery By Aeahiz V. Valenzucle, Staff writer Posted: 04A2/13, 12;01 AM PDT 0 Comments HESPERIA • -A man suspected of holding up a medical marijuana delivery matt Thursdaynlght in Hesperia is behind bars today. Christopher Sheet, 27, of Montrose is being held at the Victor Valley Jail on suspicion of robbery, according to San Bernardino County Sheriffs booking information. Dcpatles received a 91l oall from a man who said he hedjnst been robbed at gunpoint by a man, later identified as Street, at a home in the 19700 block of Live Oak Street around 6:30 p.m., according to sheriffs ofi3oiels. Initial dispatch reports indicate the roan was delivering medical marijuana to the Live Oak Sheethome. The man reported he was invited into the home to make the delivery when Street reportedly pulled a rifle out and pointed athim, officials said. Frightened, the delivery man dropped the marijuana and managed to escape through a bedroom window than called deputies. The man was not injured in the incident. Dapnties went to the home and were able to identify Stuart, according to Sue Rose, spokeswoman for the Hesperia station. Investigators also managed to locate the rifle and the marijuana dropped by the delivery man. Street was arrested without incident, Street is scheduled to he in Viotorvlllo Superior court on Monday. http: / /www.dailybullotin.c orn / geiieral- news /20130412/ medical - marijuana - delivery- pe,rso.,. 10/27/2015 Sneelel Sections < Readers Choico MarketolA One Dead After Failed Robbery At San Diego Medical Marijuana Dispensary I KPBS Page 1 of 2 y rt One Dead After Failed Robbery At San Diego Medical Marijuana Dispensary Friday, April 25, 2014 By City News Service An attempted holdup at a North Park medical marijuana dispensary erupted in gunfire Friday, Ieaving a security guard wounded and a suspected robber dead, authorities reported. The shootout at the shop near the intersection of 30th Street and University Avenue occurred shortly before 12 :30 p.m., according to San Diego police. One of three suspected thieves died at the scene, a dispatcher said, The other two ran off and sped out of the area in a white sedan, Medics took the wounded security officer to Scripps Mercy Hospital, SDPD public-affairs Officer Mark Herring said. The victim's condition was not immediately available. CITY NEWS SERVICE Related Content San Diego's First Legal Medical Marijuana Dispensary Passes Last Test I January 29, 2015 Sheriff; 2Injured In Medical Marijuana Shop Robbery ( December 9, 2014 Oceanside Planning Commission Votes To Zone For Medical Marijuana Dispensaries I May 9, 2014 Comments JeanMarc f April 2S, 2014 at 3:14 p,m. —1 year, 6 months ago Thank you security guard, get well soon. Only guns can stop armed thugs who decide to take things from other people instead of working and earning them on their own. http:llwww.kpbs. orglnews /2014 /apr /25 /attempted - holdup- medical- inarij uana- dispensary -... 10/27/2015 One Dead After Failed Robbery At San Diego Medical Marijuana Dispensary I KPBS Page 2 of 2 muckapool I April 26, 2014 at 11:26 a.m. —1 year, 6 months ago Congratulation on the kill shot. Get well soon. sdreefer2l I April 26, 2014 at 11:53 a.m. —1 year, 6 months ago For some weed really....... Some people need to be cleansed fiem the earth. muckapool I April 26, 2014 at 12:53 p.m. —1 year, 6 months ago One was. Lock and load for the rest. http: / /Www,kpbs, org /news /2014 /aprl25lattempied- holdup- medical - marijuana- dispensary -,.. 10/27/2015 I killed in botched robbery at medical marijuana shop near LAX - LA Times Page 1 of 2 LOCAL/ L.A. Now 1 killed in botched robbery at medical marijuana shop near LAX Ruben Pives • Contact Reporter SHARE THIS Attempted robbery at medical pot shop near LAX leaves 1 man dead; f V I another sought by police JUNG 25, 2014, 3:20 PM 0 ne man was killed and another was being sought Wednesday after an attempted robbery of a medical marijuana dispensary near Los Angeles International Airport, The two men entered the Nature's Cure Inc. dispensary at 530o W. Century Blvd. about 12:18 p.m. and were involved in an exchange of gunfire with the security guard, according to the Los Angeles Police Department, One of the men was struck in the stomach during the incident and was later pronounced dead, police said. The second man, wearing a beige shirt, green pants and a brown baseball cap, fled in a black BMW, according to authorities. Police were searching for him. Artlols continues below y Follow mte @LA;TVives Get essential California headlines delivered daily > > Enter your email a SIGH UP Privacy P011cy http:// www. latimes ,com/local /lanow /la- nxa -ln- l- killed- medical- marijuana -lax- 20140625 -... 10/27/2015 I killed in botched robbery at medical marijuana shop near LAX - LA Times Page 2 of 2 Copyright O 2015, Los Angeles Times This article is related to: Los Angeles International Airport BE THE FIRST T6 COMMHNT Content Continues Below http: / /www.latimes, coin /localllanow /la- me -ln -l- killed- medical - marijuana -lax- 20140625 -.,, 10/27/2015 2 killed in robbery of California marijuana grow - Yahoo News Page l of 16 ,r. da C. News Home U.S. World Polillcs Tech Sclence Health Odd News Local Dear Abby Comics ABC News Katie Courts Trending Photos Rseommended Games i More games n RATE$FROM $89/NIGHT Follow Yahoo News WITH FREE W 1 ! f V t S 2 killed in robbery of Cali- fornia marijuana grow Qf 3 Augu9 d, 201412:09 AM t f y F U I [Y I _J__ {.1I__ -1 FRESNO, Calif, (AP) — The rob- bery of a Central California house with a marijuana - growing operation triggered a flares gunbattle in which two suspects Ware killed and a IS- yesrold girl was used as a human shield by fleeing rabbets, aulhorlBes said Thursday, Two suspects were arrested and three remained at large after the pre -down violence south of Fresno, Fresno County Sheriff Margaret Mims sale. "We have several children who were terrorized In their own home," Mims said." The teenage girt was used as a human shield as the suspects were leaving the residence, and ]hey kidnapped her, pulling her in the oar," What to read next admx ,i? nMa Introducing One Plan. Pick a Size, Simple, ;bg Vadeon Wfireleaa Sponsored Toni Cruise And Katie Holmes'Left Baby Sort Crying On The Floor' elephenle 3olenou Seven armed men posed as law enforcement officers and forced their way Into the house around 4 a.m., she said. During the home http : // news, yahoo.eoml2 - killed- robbe"alifoi marijuana- grow- 033708284.htinl;ylt =... 1112/2015 Rejected Dog Returned To Animal Sheller Is Now So Sad She Refuses To Go On Walk Andy Walls Hera Is The Most Wide -Open NFL Wide Re- ceiver Ever Hurnuabn Post 2 killed in robbery of California marijuana grow - Yahoo News invaslon, a man in the house was pistol-whipped and the robbers and victims exchanged gunfire. Deputies who responded to calls of the robbery saw two cars speed away. They were only able to stop one of the vehlclas when it pulled up to a hospital with a wounded man In a ski mask, The deputies gave him CPR, but he died a short time later Inside the hospital, Mims said. Two other men in the vehicle were taken into custody. Suspects In the other car took the girl hostage and took her a dan- gerous rid topping 100 mph before dropping her off unharmed near downtown Fresno, Investigators found several shotguns and handguns tossed out of ilia gateway vehlctas, Mims said, Another robber found near the house later died of gunshot wounds. The house had three marijuana plots and 150 plants, Mims said. Investigators were trying to determine whether the homeowner had medlcat- marijuana permits. F3 View Comments (319) t f y' 7M htfp:t /news.yahoo.00nU2 -kilo Recommended forYau Woman hospitalized after breaking Into Omaha zoo 'to pet'thres- lagged tiger A woman was hospitalized on Sunday for severe Injuries to liar left Christian sdenm Mooacr 20 Images You'll Only See In Dubal Dubai is a Place of Opulence and Luxury and These Images You Liretreliy rar sp.mo,sd Cruz hopes to build 2016 momentum after debate performance CBS MOINES, Iowa (AP) — For months, Texas son. Ted Cruz has Ucwn under the mrm In the ROpUUlicaa leaodaled Pr as seen Penn says Paris climate talks 'last great hope' Paris (APP)- Hollywood star Seen Penn said Sunday the upcoming durnate runs In parts were ilia "lest ,+ AM aemine ago SNAPPEDI Ranvoer Singh At Cub- bring Studio InMont i(n photos) Ranveer Singh was snapped outside Sunny Super Bound studio in Juhu, Mumba6 After wrapping up the GoeelpTlcker Carson puts nowapoUlght an sov. oath -day Adventist Church BROOMFIELD. Cola, (AP) —Thu sovonth -day Ad. vannst Church Is having a moment. Ast.oh ied Fr.. Page 2 of 16 I, A LAi i'n Mal 10 Me W Held] Klum Dressed as Jessica Rabbit Is Terrifying for All the Wrong Reasons FeUkea littp:llnews.yahoo,coml2- killed - robbery- california- marijuana - grow- 033708284.htm1;_ ylt 11(2!2015 30 Celabs Who Losi Their Fortune ¢x; LINDeilycpm epsnamid YOonis Cespedes Is "highly likely" to leave Mats and sign with another team WOO apods 10 NFL trades we'd like to see happen be- fore Tuesday's deadllne ahmdownaarner Polish court rejects U.S. extradition request for Roman Polansid Yahoo Newa video Sheriff 2 Injured In Medical Marijuana Shop Robbery I KPBS Page 1 of 2 Sheriff: 2 Injured In Medical Marijuana Shop Robbery Shooting occurred on Campo Road in Spring Valley Tuesday, December 9, 2014 By City News Service A holdup at an unlicensed East County medical marijuana shop erupted in gunfire Tuesday, wounding a good Samaritan and an alleged robber, who later was arrested along with a suspected accomplice. The shooting in the 9000 block of Campo Road in Spring Valley was reported about I I a.m., according to sheriffs officials. Deputies arrived to find a 32- year -old man suffering from a gunshot wound to the leg, Lt. Chris May said. The victim, a worker at a smoke shop next door, was shot while coming to the aid of the people being robbed, May said. A short time later, a deputy pulled over two suspects on a nearby street, The passenger, identified as 29- year -old James Crutcher, jumped out and escaped on foot, despite having been shot several times during the robbery, May said. The driver, 30- year -old Frank Daley, resisted arrest, according to Mays, but was eventually taken into custody after the patrolman sicced a service dog on him. Deputies eventually caught up with Crutcher in the 4100 block of Camino Paz and took him into custody. Both suspects were taken to a hospital. Sheriffs officials did not immediately disclose who fired the shots that wounded Crutcher and the smoke -shop employee. CITY NEWS SERVICE Related Content One Dead After Failed Robbery At San Diego Medical Marijuana Dispensary I April 25, 2014 Shot Fired At La Mesa Motel, Parolee Holed Up In Room Found Dead I April 21, 2014 Man Leads Police On Car Chase Then Flees On Foot I November 18, 2010 http : / /www.lcpbs. org/news[20141dec /09 /sheriffs- several - people- shot - medical - marijuana -s... 10/27/2015 Sheriff; 2 Injured In Medical Marijuana Shop Robbery I KPBS Please stay on topic and be as concise as possible. Leaving a comment means you agree to our Community Discussion Rules. We like civilized dtscourse, We don't like spare, lying, profanity, harassment or personal attacks. comments for this thread are now closed. 1 Comment KPBS Public Media Recommend l4, share Page 2 of 2 x .port by Newest p_h • nytarago Legalizing marijuana sure is reducing crime... 2 Sbgm r ALSO ON KPBS PUBLIC MEDIA San Diego "s Hot Solar Market May Cool Off ?ti oomments • 4 day, alto Will . ni dt— The utilities only allow you to access your stored power from solar In a TOTAL UTILITY POWER.- WHAS"S TinS? The Online College That's Helping Undocumented Students I coinment • 2 days aho Lt Tompo — do they meet with advisers? Construction Begins On Otay Mesa Border Freeway Connection 2 comments • @ rda.Y Otto Donlvo {act — When the SR 125 toll road was first proposed as a privately funded project, the toll road builders... China Condemns U.S. Destroyer's Maneuver In South China Sea 1 cornmemt > hours Carlo thcmpson,_ 71cha d — The cps are dangerous -- but necessary. http; / /www.kpbs.org/ news / 2014 /dec /09/ sheriffs - several - people - shot - medical- marijuana -s... 10/27/2015 Maxofh MIMS 11.k0 114111111,14 31 yIAVOIAI, mAWR"' COMMUNITY UUNth3WI LII , LIIME IV SG'((,OUU MaBINFU Two men face charges in deadly pot dispensary hold-up PPJ0.bd Jan PP. ]OPo >.09PMPSY Local News DUI to blame for 3 oe 1.8 Vt)dWed. NOV 7e pW Itvl,nwel mods and iii% _ , i Go _ ` V, ....... . ....... .. ..... _.......__.._.,_._ I 6_09 Video Report By Angle Lee, Reporter BAN DIEGO (CNS) . A security guard traced for his life when he fatally shot one of two robbers during an armed holdup at a North Perk merpuana dispensary. a San Diego police ostensive instilled Wednesday, Detective Jana Board dntd guard Henry Smith told her that he Related shot the alleged robber, identified as 18- year -old Marlon Thomas, alter Thomas and another tether hmatened to kill him (Deadly shootaut as pat and the dispensory owner during the armed holdup. slloprobberygoesbad 4A "He(ihe guard) thought he was going to die,' Beard testified during a preliminary hearing forauspects Karate Bell and Atiim Smith. "He was scared,.. petrified." The sec only guard was shot in his pelvis and survived, Bell, 18, Is charged with first- degrea murder, attempted murder and robbery in the holdup and fatal shooting that occurred about 12 :30 p,m- April 26, 2014, In the 3888 block of Hay street. SmBh, 22, Is charged with attempted murder and felony robbery, We fingerprints were found In a car Impounded by police after the robbery, a latent print eRaminerratitfied, Another person, 21- year -aid Jonathan Vincent Collins, pleaded guilty to a robbery charge With a gang allegation, Bell —who wen 17 at the time — Is also charged In the robbery of a smoke shop on Ef Cajon Boulevard four days before the dispensary robbery. He was arrested in May at a Los Angoles -eme motel and charged se an adult in the case. get leair mewabe across, an They "f -, alNhr °iS', L:cY:dlnaina,by al Wdn Lllega City Golloae, 8 weather update: Soatteced showers moving through San Diego a, Uµ Nov 10, 20M 6:40AMP5r - Thr. gnaryvrind ana min etlaullnn yan.ctgm 171eNo cae"b7oc nuymomep ale exncded to once as lsterin the aMmaon ahlmd dawannrne harp In., mill exq:ml inN il,naacom,nv ... kend, Family asks for help in finding missing Orange County teen Fsr ON- tbdf Nov 10, 2096 fi:97AAf NT A tGyear- elgpllns ancem y, and herlamdy ha.Ac. ray hAVC neoistd lc, 1n1a lM, lex bade, Alarw C.Mv, W, albe 0. pre by I..[. v,J JA,pftael nt nits W1ftOorMlt,ten Loslev ,c1 erl0,m.Orkv nvv0, padfie aemh rane0adlyvNh IVro oWnrn,w QWw 22 d„ o age DA: Shacting of mentally 111 homeless man lusgtled nr 1/pduled.1ft 90, 20M On" As! 1 W 4 lY$ %�* , Following the conclusion of the preliminary hearing tomorrow, Judge Jay Bloom will decide it Asm Faso. pmlAn miss, Was legnpy laali(Ird in.'<lur, enough evldance was presented for Bell and Smith to stand trial. 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Try This MOrtpapa Card Annual Make Industry Was TUm Iss Hesd S sd an Tekfnp AtivanlapeM _ "nt '11 ,a.,,W n awl ng dn T 0.8, Aek CempLq S mv oler psmk4 wnmuesstedae In V d l>5 °L v ^ sm .,A Jgra+ti sices+ hy,I BUIke, WFlemi &5pteryik.. i A, Home + �ry.ri; O +iaA bad mall •,�6'Pdlll +page+ Salety+ Tpels ++ Help+ CIF /Nmx pollliu Tapiq Emironmenl j Eduntieo Mnwmm�mta 9aKa PMbI Blop UOI WRI.t BASF6AUaFwme N:YYJ HItRARY:AsHeAn Y4A% IAMEF15HOpE: EtIlPlp p��41f�T p1VFI1SIpElClnenn PE$PCCNntloul Hammdlb Cq IIVT/ilq � mrv�nAem[4eaPr qu IuaAnl la R � do M autP"pi CuNUnsPMfon alebnta a<entl alms down gryyq ruldmbnmN Y<af M R. et, Ueu Mee, IDpkl PBti rvol - Edullebl MnoeOmmMt torn Few, UYSTEPNfNWaIIICOMRI9U ¶NGWPRFft ,Ti4+dJV.4, AViy.oelrmraJ,.n ArmedsuspecWrObbed aauplend marlpsm, dispensary Fdday night, Jan. 30, and banicadedthemeeives fnside.n apuruneA before surrendering to police elm. ] noun fate,, afra.lsseid, Officers got a call about ii p.m. Friday of. nmhety ato medleal madl ... a dispensary in [ha TOOblaak.RdannMin Avanueselduptand pollcC Lt, cIIRMathews, Two adults and two Teens- three efthem armed with bandgnns- approached three male employees lu the parktnglototthebusinessandshptom afore workers fn the leg besald. Thesispects forced the mnpleyees Inside the d1spenseryatganpoin.7hey tied up their hands end feet, then etelemadjuare ,cash and car betongl.gn, one ofthe warkars, Mathewesaf 1, Tlley fled In a dark Stay Lexm,whkin was fate, recovered. AVictim managed to code hluerelfmd coq police. Officers received info madon leadingthun to in opertmant in the 1300 block of Randy Street less than a mile away, They arrlved.hoM4,40..M. and determined the men had barricaded themselves inside the apartment Theygovecommonds but ware unsueeceslul in getting them to ... out, Mathewssald. Asa. Bernardino couutyclearftfs SWAT team responded and continued communicatingwllh the suppecta,At aboutil a.m., the pace men walked out and ere takm into scantly. They were ensured when they left the apartment, Mathews aid. EDP Vvi IlNE9None nvNlo,xerymmmlm� -arc WU12hILaaeYl11�k11fvlrW "Pao. PI Ul. Toc Pol np Ile WA Reen, ROUaey,wh.saUwn n M NI'remlde,ia a used role recoseryess"cmeat 0 YEa 'TOwyxtlmOneM1OUldazOaelPbestoap, DNepoFen pntlhaapatlenMfllle aetahalttla emDrMBlheltyppral6aeuly. C) N2aIX�,nV mnken.i AY110 nNtMM.O�rao ecjloeaNPeeponemsVu1nl tVlml JI., ohmrso lh.w.011"Co ermmea, G Noopnan W Menton bannister, upland policeleamed that a fourth suspeetwas hiding loan Carona We a&v opstaiesa partmorenextdoor ,(SHtceroenteredand thokeha uwuoutinhandmlfsat •f>�M'1�I PpCCt v W- v Ini5 P.M. a Lv"tl {s:I Sggqadad Srlas• .(3,]BOrkS Williams &Serena_ ! gH.Ml • Ofeeds(b -t13Readmaq Irpin nt - Rau- $of ly- Tgols+rQtHafp' n News don— Palala TIplu , brAnrvmat Eduuevn Mnauncem,nn TAIM, - No Anewae injured in Ihestandaff.ThemanwhowasOhotln Ihelegwav taken to a hospital. Nis Injuries Are natcoaddered life threatening, Mathewsraid. Pollee arrested Chnnopher9ace, 30, ofCAVlna, and blago SaneFez, 19, of Upland. Twc 15year-oldboysweretaken to a San Bernardino CouPVJuvanlle detentlon fadIRY, Mathewssald. Baca and Salrehaa face charges afrobbery, assault wIcb a deadly weapon and kidnapping, he said. Mathews card he didn'tiviowif Any guns, mndfvana or cosh was recovered, police has earlier evaeumed residents near the trlmeseene to a eNo(Ir setup by the Amedcan Red Cress at Magnall. R.reatlone Center In Upland. They were allowed to retum to their hemeeabeutA21a9 p.m. Stephanie Mornay, 13, liveeln an apartment neoto where the three smvexh banlcaded themselves, 5heaMdshewae w.p.hen she heard oHicersarder them to come out, police anlved and told herfamllyto go out the backdoI Menroyseid, al feitso wrmd,n IIAsaid,IaAtlety Is AmW today. Thank and nobody got hat" Maoroy,add A manwhe lived in the apartment nam,d ... Seemed like a friendly person Policesay they don't lmaw if the suspects lived In the aportmrnt. Upland prohibfMinudicel madluana dlspemsaries,and the buslnese where the robbery occurred will beshut down, MoUdwa said. ,y� n RAN, y V., 000 44 elm Village Medlaal Arta plaza 541 Magnolin Avo., Baits 9201 - Calonar ca 92970. TrantlinR �' ' "YI((rililf.:ee,a.auvlima,.l,av v,a1N \IQN'LWlaarwM1ri' a, ljno,dxsyf hNb \iF) UAFEuraDaV.: {M,nl: pule k.(y� Iwina.',esivro,uvlawu ., aW aa,aammmnaiM FW - F IaA IN111NNN11)RIO:Fanuty ii oa �i�ntivivonij ] S k9aLRl�rNw r ' v i 4 -C7i 5 Ul9 N'aleri Slles� lyT4_'JAUrke,WilNems &AOrense., Home - OFeeds(r) Y lAflead mail fAlb Pdnt � QaO, Safety Tpals* OHetp+ IE SWAT Standoff Ends in Arrests After Marijuana Dispensary Ambush Robbery: Police... Page i of 4 Alt,$WTlE�T1 N AUF Gia PRINTTHIS Powered by �Ux 1111, < %ty I SWAT Standoff Ends in Arrests After Marijuana Dispensary Ambush Robbery: Police Three people were zip-tied during the robbery ambush and one shot, said police, who tracked some of the suspects to a nearby Upland residence By Asher Klein and Jane Yamamoto An hours -tong standoff ended in the arrests of two men and two boys in the Inland Empire, where a medical marijuana dispensary was robbed. lane 'Yamamoto reports for the NBC4 News at 6 p.m, on Saturday, Jan, 31, 2015. (Published Saturday, Jan, 31, 2015) An hours -long standoff between a SWAT team and men believed to have violently robbed three other men at a nearby Inland Empire medical marijuana dispensary ended in four arrests Saturday morning, Two men and two boys were arrested after police used a claw device to rip open the facade of the Upland apartment where the suspects were holed up. Dog Rescued From Rain - Swollen LA River "1 saw cops, guns, rifles. I saw guys on the roofs, which I think were the sharpshooters," a witness said. Three were arrested in that house, while the fourth suspect was found and taken into custody at a nearby apartment complex, Upland police said, The four suspects allegedly had five handguns in their possession. http:// www. printthis ,olickability.com /ptlept? expire = &title- =IE +SWAT +Standoff +Ends +in,.. 11110122015 TE SWAT Standoff Ends in Arrests After Marijuana Dispensary Ambush Robbery; Police... Page 2 of 4 Earlier, police said five men in hoods took money and a car from the marijuana dispensary, but they later revised that number to four. The four suspects face charges of robbery, assault with a deadly weapon and kidnapping, police said. • 3- Month -Old Baby Found Safe, Father Arrested: Deputies The suspects are believed to have shot one of three men they tied up at the dispensary, in the 700 block of North Mountain Avenue, at about 10 p.m. Friday. The dispensary was about three miles from the apartment complex where the standoff took place. The men were able to break free from zip ties and spoke to police. • takers GM Talks Kobe. Surgery and Steve Nash A SWAT team arrived at the house in the 1400 block of Randy Street about 4:40 a.m. as police evacuated nearly 75 residents of the neighborhood. The long standoff ended at around 11 a.m. Diego Sanchez, 19, of Upland, and Christopher Baca, 30, of Covina, were arrested along with two boys who haven't been named because of their ages, police said. It wasn't clear what their relationship was, http:// www. printthis ,olickability.com /ptlept? expire= &title—IE, +S WAT+Standc)ff +Ends +in... 11 /t 0 /2015 IE SWAT Standoff Ends in Arrests After Marijuana Dispensary Ambush Robbery: Police... Page 3 of 4 • Updates: Download the FREE NRCLA APP Police responded to Cal Med Express, located at 759 North Mountain Avenue, in Upland, just after 11 p,m, for a robbery calf, Lt. Alan Ansara said. They found the three victims who had been tied up by the robbers, Ansara said. The three men were leaving the medical marijuana dispensary about 10 p,m. Friday, when they were approached by males wearing gloves and hoods over their faces, police said. The victims were forced back into the business and were immediately zip -tied. One of the victims suffered a non -life threatening gunshot wound to his leg and was later transported to Arrowhead Regional Medical Center, Ansara said. Another victim was pistol whipped during the incident but did not need any medical treatment, The suspects allegedly took off in one of the victims` 2007 dark grey Lexus IS 250 with cash and marijuana, police said. The shop was not zoned to sell medical marijuana, police said. NBC4 editor O/ee vra Woo contributed to this report. Published at 5:12 AM PST on Jan 31, 2015 Fo/% wNBCLA for the latest LA news, events and entertainment. APP I Facebook Twitter I Google+ [ Instagram I RSS j Email Alerts Find this article at; htip: / /www, nb alosangeles. com /newstioca VRobbe ry- Ambush -at -Up land- Mari)u ana�Dispansai y-- 290410511.html 0 Check the box to Include the list of Ilnke referenced in the art(cle. http:// www. printthis ,clickabifit)r,comlpticpt ?expire = &title =lE +SWAT +Stai,doff+Ends +in... 11 /10/2015 lE SWAT Standoff Ends in Arrests After Marijuana Dispensary Ambush Robbery: Police... Page 4 of 4 ® NBC Univempl, rnc. I All Rlghts Rmmed. http:!/ www. printthis. clicicability .com/pUept`lexpire= &title= IE +SWAT--Standoff-t Ends +in... 11/10/2015 Security Guard Fatally Shot in California Marijuana Dispensary Robbery Page I of I I Tfje OaiCp ��jrottic ( http : / /www.thedaltychronic.net/ MAW ie e i ronlane ca egory new ByTJ]3aker(http.'t/www.thadaitychronic.nettauthorttjbaker/)[ The Dally Chronic (http://www.thedallyGhronic.riet) February 17, 2015 3:52 PM 0 Q f ( http: / /www.facebook.eomisitarerphp? u- http: / /www.theda i lych ron ic. net/ 2016 /40907fse aurity fatally -s hot -in -co liforn ia- medical• marijuana - disponsary- robbery /&t- Security Guard Fatally Shot in California Medical Marijuana Dispensary Robbery) V (http : / /twifter.Gom /home? status= @da[ly_chronlc: Security Guard Fatally Shat in California Modica[ Marijuana Dispensary Robbery - http : /1www.thedailychronlc.net12015 /40907 /security - guard - fatally. shot-in- callfornia- medical - marijuana- dispensary- robbery/) to (http:] /www.reddit.com /r /trees /submit ?urf� http :lftclon.ws /?p =40907 &title = Security Guard Fatally Shot in California Medical Marijuana Dispensary Robbery) 0 04 (hrip:l /digg.com /su bmit ?url- http: /iwww.thedallyc hrunic.not/2016 /4 09 0 7 /security-qua rd- f atally- shot-in- callfornia-medical- marijuana- dispensary- robbery/ &titte- Securlty Guard http: / /Www.thedailyolir oriie.netl2O l 5l4O9O7lsecLirity- guard - fatally- shot- in- california- rated... 11/10/2015 Yttp; l /ylttt'F� °+tt'+�pr1Y�li"ijuana i (http: / /www.thedL' i"emQtyff a fte fychnologyl) ( http:l/ www .thedailychronle.neticategory /culture /) ' Security Guard Fatally Shot in California Marijuana Dispensary Robbery Page 2 of 11 Fatally Shot in California Medical Marijuana Dispensary Robbery) J4 ( http : /lwww, stumbleupon. com /submit? u rl= http: / /www,thL dallychro nic. not/2 01 814 0 9 0 7/$peo rity- guard - fatally - sitot -In -ca lifom ia- me(fical- marijuana - dispensary- robbery/ &title= Security Guard Fatally Shot in California Medical Marijuana Dispensary Robbery) In ( http: / /www.11nkedin.com /shareArticle? mini =true& url= http: / /www.thedailychronic. ne72015140907 /secu rity-g uard- fatally- shot -in- caiifornia- medical- martjllana- dispensary- robberyl &title= Security Guard Fatally Shot in California Medical Marijuana Dispensary Robbery&summary= &source =The Daily Chronic) 0 (http:/ /pinterest.cem /pin /create /bufton /? u rl =http: / /www.thedai lych ron (c.net/2016 /40907lsecu rity-gua rd- fatally -sh of -in- california. medlepi- marijuana -dis pensary- ro hbery/ &med ia= http : / /(1.wp.com /www.thedailychro nic.netlwp- content/uploadsl2015 /02/ San - Bernardino - dispensary- ahooting.jpg?reslze =1SD% 20150 &description =Security Guard Fatally Shot in California Medical Marijuana Dispensary Robbery) IN ( mailto:? subjoct�The %200aily %20Chrontc %20 %3A% 20SdGurity%200uard %2OFatally°f 20Shot% 20i n% 20Ca ltfornia %2OMedlcai %20Marijvana% 20Dispensary%2ORobbery &body =1° / 20saw %20this %20and %201 %20thought %20you% 20mlght %2011ke°! 20to% 20read% 2Oit% 3A% 2OSecurity%20GUard %2oratally /o2OShot% 20i n %29Californla %2OMedical %20Marijuana %20 Disp a nary%2ORobbery. %OAYou % 20can %20 read %20i(%20 on %3A %20h ttp %3A %2F %2Fwww.thedallyehren le.net %2 F2015 °!° 2F40907 %2Fsecunty- guard - fatally -s hot -in- california- madica I- marijuana- dlspene ary- robbery %2F) 11 1 0 411is Tweet G +1 SAN BERNADINO, GA — A security guard at a California medical marijuana dispensary was shot and killed Monday night during a botched robbery attempt, The shooting happened around 10 p.m. at an unnamed pot shop in the Star World Plaza strip mall on the 2800 block of West Rialto Avenue in San Bernadino. According to witnesses, two men were attempting to rob the dispensary when shots were fired. According to police, one of the men forced his way into a back room and started shooting at the security guard, who returned fire. The security guard, 25- year -old Anthony Victor Pineda, was pronounced dead at the scene. He may have shot one of the suspects before he died, http:// www ,thedailychronic.nQtl20l5l4O9O7 /security- guard- fatally - shot -i-t- california- med... 11/10/2015 Security Guard Fatally Shot in California Marijuana Dispensary Robbery Page 3 of I 1 according to officials who report a large pool of blood was discovered outside the business Police believed the wounded suspect, who remains at large, may have been critically injured. Local hospitals have been alerted to look for someone suffering from a gunshot wound. According to police, the suspects fled the scene following the shooting. It was not immediately known if the suspects got away with any cash or marijuana from the dispensary. It's unclear who else was in the building at the time of the shooting. Police say the employees and owners of the dispensary have not been cooperating with the Investigation, and the mortally wounded security guard was locked inside the building after being shot. "Somebody actually locked the business. We actually had to force entry to get to the victim and check his status," said San Bernardino police Lt. Rich Lawhead. Police say employees of the business —who described themselves as "volunteers" —have been uncooperative with the investigation, "We could do our job a lot better if everybody would be cooperative with us and just give us the information," Lawhead said. Detectives want to access security footage from the dispensary, but store employees are not cooperating. "We're hoping that the video gives us a lot more information," Lt. Lawhead added. "It's very frustrating. I mean I just think if It was your loved one in there." Medical marijuana dispensaries are not allowed in San Bernardino, and itwas not clear how long the unnamed dispensary had been operating. http: / /www, thedailychronic.net(20 1 514 0 9 0 7 /security - guard- fatally - shot- in- califonila- med.,. 11/10/2015 25 year old security guard Anthony Victor Pineda was shot and killed during a botched robbery attempt of a medical marijuana dispensary operating illegally in San San Bernardino. Security Guard Fatally Shot in California Marijuana Dispensary Robbery Page 4 of 11 Monday's shooting was the second to occur in that strip mall in the past year. A man was fatally shot in the parking lot last July, and police have not made an arrest in that case. TJ Baker ( http:/ twww. thedallychronic .netlauthor /tjbaker /) �ijtur�ir You may also like.... powered by MANTIS (http : / /www.mantisadnetwork.com /content- marketingi? utne source = mantis &utm_ medium = recommend &ulm_aampaign = powered) (http: / /mantodea,manttsadA ftNgq,Rn /track/ciick/09223587- f6ee- 4782 -9687- 5bcd8d3789c4) What's All The Fuss About Vaporizing? 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[ Home T Io •%.c9 Read mall rhrylglnt • P.9, SafeWy Tyols+ *)Help• a Highland Park Patch PlndvourPatch i6 51" anor pram,rat HA W Yaah 6neaisirram Advartlao With hs MARTnda 1Pn1To &Fire Robbers at a Pot Dispensary Shoot Employee in Leg ThexuspecrsJlushedrrearmr pndmade a / /WlNi muri%ouna, bunt's rmcleur! }(heyszofearp�mancy Huh la CA By MIPNA AVON50 MaN -BmB7 TNFNOwa NOWACRO55 PATCH 125% • ,y WATCH: Troy H Xn Woman Wrestles 900AOend Allinalor In Hanlon Mrfp Mall WATCH; n PPaund O- Ywr•Uld C➢Tr11e5MbN. unl emrWIeIJIngsltlBlanJ Rteoke vp IeaTRlawereighT UPUAN: POIIw 10 V.yonOld (BIT Killed In PIT Bull Attack an Ln'bland � nule yorrn one h For Sale 125% • ,y Amedical marijuana dispensary employes was shat In the leg as threemen robbed the mid.Wlishll'e area business, police said Sunday, May 24. At shout? p.m., the ]ItreesuspoRS entered the store in the 5000 bloc[ of Pica tJOUlevard, Los Angeles police Lt, Lonnie Tlano said. The suspects flashed ilrearinsand made off With marijuana, but its unclear if they stole any money, Tlano said. As they left, they fired oneshot that Struck an employee In a leg, hesald.Theviaim Was token to an a eta hodpitel for VeatmeoC, '-- --- --- -- - -- ° -- "- -'-" -- Thesuspectswere described asblack mafesin thel, More from Highland Pork Maent 206 Washington Patch t 7Man, l WamanAccused tr Numerous GMMVAot4s on Mete " RY News Service • Have You Seen HlffiYOUng Man , San O' ;go Based LiC CoastCoed Craw Mlssing5lnce September Rae.uee ca•Inr In MexUai Warne • 0FFICIALS!Ws Angeles0Ndren HSEA6ING•SeaWorltlSpedafs[s t o Lead Had AmoagiK EKpfeltedhy qt Rrfuq(o oils" Pomographr -rs .... _ Eo1lor+fogP,' ShtOgPlnp Hetnital . H,JyR . N�TNI Cute Cub? • 1IPC)ATEn• SusnettArrORed (n nreantda Water Homicide Nyyy Plils�?• RU Tway CC LiSjig s Into Ray, PJLnSFJecfs More IaoWANP PARK -MOUNT WASHINGTON. CA Woos 7 Man,t Woman Accused of Nmnaeous C9rafEtl Attacks on Matta "od'u le mrgMPU690 pr P . ringderCwnry. Have Youseon Him7Young Man Missing Since 5aptemw omirclAnanavnlw, wa[ 5,01 eaoot l P miePLl2u[fRb A.1 .1111 Avenue. — --------- .. . v 9125% • i µ ry't;iSUUilestuiSSef+ 432 Broke, Williams &SOmnse.., p He � ca0r i • L geed man €`fin Pont • Qape• Safely+ T¢ols• gHelp• F1(ghland M,)UntWathitigton PatCh. 41nt1YaurPtnrh - :b 51 ° Clear POSranVatt:n^ ONttht.ora{Stramn Arlverlfae With Us Rp Al1TaPI6s t?OIIta WPlfe Print Article: Armed men rob closed medical marijuana dispensary in Santa Ana Page 1 of i OXANG ' COUDVVY - REGISTER Armed men rob closed medical marijuana dispensary in Santa Ana BY LOUIS CASIANO JR. 2015 -07- 0210 :17 :23 A shuttered medical marijuana dispensary in Santa Ana with two people inside was robbed by two armed men Thursday afternoon, authorities said. At 2:46 p.m., two men with handguns broke into a building in the 1800 block of East Garry Avenue, where they found two people inside, said Cpl. Anthony Dertagna of the Santa Ana Police Department. The people inside were tied up with duct tape and the suspects took an undisclosed amount of cash, marijuna, and personal items from the victims. The suspects fled in a vehicle, and no one was injured. No description of the suspects was available. The business that operated In the building was closed in June after undercover police officers purchased marijuana there, Bortagna said. It was not clear how the suspect got inside the building or if the dispensary was still operating inside, Bertagna said. "I do know they had marijuana and money at the location, but I don't know if they were operating or not," he said. In November, voters approved a measure to repal the ban on medical marijuana dispensaries in the city. Twenty applicants selected from a public lottery were chosen in Febuary to move on to the next phase In opening a medical marjuna collective, All other facilities in Santa Ana are operating illegally, Bertagna said. Contact the writer: 714 -786 -2478 or leasianoCcDocregister.com © Copyright 2015 Freedom Communications, All Rlghis Reserved. Privacy Polley I UserAareameni I. Ma http: / /www.ocregister, con/ common / printer /view.php ?db= ocregi ster &id= 670080 11/10/2015 NOW> NKW$l PAWA10NONEWS Four wanted in connection with pot shop robbery byTtle eakeisfield CaRPonlian WN)NCKMY, IWG 19, Ln5 0 -1� Fourpeople are wanted in connection with the armed robbery of a medical marijuana dispensary Wednesday just south of downtown Bakersfield. Pnliee said two men:trmed with handguns entered the CNE Collective at t2o6 Callfornia Avc. and stole money and JI marijunw. No Injuries Were reported. II, II Two other suspects were In a red Chevrolet extended cal pickup the men entered after the robbery, v +t use �. W)C BA90fldb (fa [ifMian NEWS ABITS SPORTS VENTS MARKETPLACE HOMES JOBS CARS h Four people are wanted in connection with the armed robbery of a mudicalmadjuana dispensary Wednosdayjust south of downtown Bakersfield. Police said two men armed with Ihamiguns entered the CNL collective at1206 CallfornirrAvo, and stole money and marijuana, No injuries were reported. Two othersuspects were in a red Chevrolet extended cab pickup the men entered after tire robbery. Police said the suspects in the store were each described as black men, one in his early 908, the other about 25, 1110 suspect to his early 3os is ball, has a beard and was wearing a red and white polo shirt. '1'ba amao plavl Fs4.:: as abanca ri'de!o u iRf(lrba4�� b'I'�LLR <)f �� 7 is iyN VI'jµ0 LI9014 r�Urr� y ,.m art�t!tle� oio nnl ypl,pi The a that suspect wsswearing a blackbaseball cap, a black 65 °/w OFF and shorts. The two suspects in the pickup were described only as blaclr males, i s Anyteas with Information regarding this case is asked to call the Bakersfield police Department at 327 - 7111, d1F><i MEMORIAi U�f`rSl�� MtnrGe Looking for? Memay Q� amlre,Wlllinrrts 915amnsc.. �rhame Feuds (0 °iiG Reed mall t Pdn4 . rnge� Sa(ery� Tnolz�ryy.. n 4 t`- S Uga =Aea : Sr!as. � .._. __..�.__......,..._....._..__�_ '#Ne1a UJpllNE'.SaAY, r�el(y'f9,' /.pI5 rIJA {�M /� a Marijuana delivery man robbed in Altadena I Crime Scene The Audi A3 $500 New owner Acqutatdon Offer Audi m..—mylecA Ftd YOUr Aa oklol e Marijuana delivery man robbed in Altadena Posted on September 26, 2615 by Brian Day Sr etem e , 9/tab r ,Sl�ilh Maldea Ln &Bsyefly Way Maiden Ln b 6evedy Way, Aludam, 3eva - CA9IDet View larger map fthi6vl fl } b I x .. AdidahM& Ldfi0lann el .. neveny Way -' I s EnV'MI Insk ... .... ' Aliadenn'ru;,'lr, '{askdl5 ALTADFNA>> A men annalist to be deilvoring medical medpwro far a dispensary Was robbed of both oaonabls and aesh deny Thursday In a residential Alladeda ImlIndemood, amhodlles said. The crime Was reported Just before 2 M.M. at Seedily Way and Malden Lone. Las Angeles Counly sheriffs Lt. Cmz Solis said. Deputies first raepondetl to the neighborhood after fesldents reported a man knocking on doors, apparently In some sad of distress, the lieutenant said. The vio rre, 0 2&ymm old Pasadena man, told polka he was dollyedng for a toga] medical madju inim dispensary when a man grabbed him, threatened him and fobbed him of Implosion, uash and his car keys, Solis said. They keys turned up in eoma nearby bushes the fallowing day, he said. The amount ofmonay and modJuene stolen Wes not ii allsbla. A detailed suspect description was not avallabte, G IN R '© Imli This entry Was poslad In 211, Alledorm, mmlJuana by Brian Bay. Social the pernearink [ hllp: gwAVw. insitlasacaLcom/ sgvcrimol261516Al2snnarpuana• dollvaryman .robbed•in- slladenalj. Page 1 of 2 nocnamoslw http;l lwww .insidesocal.cornlsgverimel2015 /09/26 /marijuana- delivery- man - robbed- in- alta... 10/27/2015 Police Arrest Suspect In Armed Robbery Of Medical Marijuana Delivery Driver « CBS 5... Page 1 of 3 San Frandscov SIGN UP FOR NEWSLETTERS OSW.lnewards 2 Login I Register Search *CBS __ _ 67e *51lcPrx KICW FOLLOW US Home N @WS Traffic Weather Sports Health Eye on the Say Events Video Audio Directory Travel Deals Circulars Ames Latest Nbws Local Consumer LOST Politics EnvRomnant Health Tech eusinese National World entsdainmeht Education SHOP-SAVE ` AMERICAN CANCER SdCIETY J '-0 DISCOVER DIS OVER�`.SHOP ,' eNiLe1t O9AMY 9F SA" ti WARRIORS BEGIN TITLE DEFENSE • Game Preview vs. Pelicans - NBA Champs Targeted • Kerr Sidelined - Steph Curry A'Jeopardy Category e 2015.16 Schedule • Flashback; Dubs Win NBA Title • Shop Warriors Gear Police Arrest Suspect In Armed Robbery Of Medical Marijuana Delivery Driver LISTEN LIVE MONTEREY (CBS SF) —A man was arrested Friday on suspicion of robbing a medical marijuana delivery service driver at gunpoint last month in Monterey, according to the Peninsula Regional Violence and Narcotics Team. Detectives with the regional task force arrested 25- year -old Juan Alvarez when they served a search warrant at a home In the 1400 - block of North First Street in Salinas. z Alvarez was arrested on suspiclon of armed robbery, possession of a firearm as a prohibited person, possession of marijuana for sale, possession of a firearm while selling drugs and violation of a restraining order, according to the task force, officers with the Marina and Carmel police departments assisted task force detectives with the arrest. FOLLOW US ON http;l /sanfranciseo,ebslocal, com/2015 /09 /2 Slpolice- arrest- suspect -in- armed - robbery- of -m... 10/2712015 Filed under. Armaa robbery, A.me DON., 0&0,WORM Mhfll.0 e, Manrerev u Im -up f'orNews er Police Arrest Suspect In Armed Robbery Of Medical Marijuana Delivery Driver (< CBS S... Page 2 of 3 Around 5:45 p,m. on Aug. 20, Monterey police had responded to a report of an armed robbery in the 400 block of Del Rosa Avenue. When officers arrived, they foamed the suspect had robbed a medical marijuana delivery service driver at gunpoint, The suspect than fled on foot with marijuana and cash, according to the task force. Alvarez was booked Into Monterey County Jail following his arrest Friday and his ball was set at $40,000. ft Comments Promoted Stories Bakersfield Californian: An inside look at tracking (fho Bokersricid Californian) The Anti -Aging Pill from an MIT scientist (Technology Rcview) A popular new site reveals the truth about anyone's past. Simply (Intent Checkmate) More Promoted Stories We Recommend $200 Just For Getting Credit Card? While It - Nearly 200 Sickened From Shigalla Bacteria fast$ iNewdviso0 In 6 Bay Area Owntles 21 Colleges That Nobody Wants to Go to Anymore (alanClaea) Bikini Clad Woman Vs Texas Water slide: Watch What Happens Nextl¢nlrThreat, LEBENDS) Don't Got Stuck with a Lemon: 16 Cars Not to Buy (Fmco) BBoole for Job Hunters Over 69" p) Two Banks That Pay 10 Times The Interest on Your Bavingarw..Csa eccoml Poisonous Swimming Snakes From South Boas Found On California Beaches Possible Pufferrnsh Found On Monterey Say Beach Linked To El Niflo Attack On BART Train Ends in Struggle With Pollee, Systemwide Delays Son Francisco Scooter Riders Crash With 'Jaywar dng' Jogger Caught on Camera DMV Employee Files Grievance Over Agency's Stricl'Potty Policy' necaw.nded by MORE NEWS Motorcyclist Killed In Rear -End Crash With Minivan On 1.80 In Man Driving Home After Winning $9000 At NorCai Casino Robbed At 'Great Pumpkln' Asteroid Hurtling Past Earth On Halloween http : / / sanfrancisco.cbslocal.com /2015 /09/28 /police - arrest - suspect -in- armed - robbery- of -iu... 10/2712015 Police Arrest Suspect In Armed Robbery Of Medical Marijuana Delivery Driver o CBS S— Page 3 of 3 playa VOUP NEW PODCASTNETWORR xBRn WHny YY)U'vf. iA!'6ts Ai01IW6 NEWS WATCH +LISTEN SPORTS Business Heard On Raiders Local Sean On SP Giamis Politics Audio an Demand Sharks Health Muslo Warriors Tech Only CBS 9rkrs Entertainment Onoloes EEORepods Comam KPIX5 Contact KOBE Radio Deals KPIX- Npuhlta File r uss¢�.Wlo Is. seublm AU'R. "ouo, Vow FOLLOW US BEST OF CORPORATE An. &Culture About Us Family &Pale Aduenlsa Food &Drink Busineseoevelopment Nlghlllle &Music Contact Shopping & Style Mobile Travel OannsaI 6yv1 ewing our ddea content you as mapling the [arms olewVkre. Ssrvlaes Pokey P64acy Policy Tonnsaf Voe Your Calllomia Privacy R[gnta Mobile UserAguemenl Ad Onoloes EEORepods Comam KPIX5 Contact KOBE Radio Deals KPIX- Npuhlta File hitp : / /saryfranr-isco.ebslocal.com /2015/09/28 /police- arrest- suspect -in- armed- robbery- of -m,,. 10/27/2015 Print Article: Man shot near Santa Ana medical marijuana dispensary Page 1 of 1 REGISTER Man shot near Santa Ana medical marijuana dispensary A man was hospitalized Monday after he was shot near a medical marijuana dispensary in Santa Ana, police said. Santa Ana police officers responded at 3:35 pm. to reports of shots fired in a parking lot of the South Coast Safe Access marijuana dispensary in the 1900 block of East Warner Avenue, Cpl. Anthony Bertagna said. When they arrived, they found a man in his late 40s with a gunshot wound to his stomach. He was taken to a hospital and Is expected to survive. It is unclear how many times the man was wounded but multiple shots were fired, Bertagna said. Officers and an Orange County Sheriffs Department helicopter were searching for one suspect Authorities originally reported they were searching for two suspects, At the scene, Randall Longwith, an attorney for the dispensary, appeared frustrated by the events. He said there were multiple employees inside the store and one guard who, much to his disappointment, was unarmed. Safe Coast Safe Access was the first disoensery to open of the 20 that were chosen to apply for licenses from the city, "Theoretically we anticipated that this was going to happen," Longwith said. He claims to have asked the city to allow the store to have an armed guard but was denied. Fie believes that the store's inventory and money make it a target. "This is essentially a cash business ... we have a lot of cash on hand." He said he plans to approach the city once again to let the store have an armed guard. The name of victim was not released. Contact the writer: 714- 796 -2478 or icaslanofa2ocreoisteccom n Copyright 2016 Freedom Communications. All Frghte Reserved. Pdvacy Polley I ❑serAar6ement I Site Mao http: / / www.ocregister,coml common / printer /ViQw,php'?db= ocrcgister &id= 690304 11/10/2015 By LOUIS CASIANO Jr. 2015 -11 -02 16:19 :06 Attachment D Urgency Ordinance No. 969 Reserved ORDINANCE NO. 969 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADOPTING A MORATORIUM PERTAINING TO PRIVATE MARIJUANA CULTIVATION AND NON- MEDICAL MARIJUANA FACILITIES THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1 . Findings. A. As set forth in Municipal Code section 17.40.020, the City of Rosemead prohibits all medical marijuana dispensaries and marijuana cultivation facilities. The term "marijuana cultivation facility" includes any property where marijuana cultivation occurs. B. On November 8, 2016, the voters of the State of California approved Proposition 64, entitled the "Control, Regulate and Tax Adult Use of Marijuana Act." C. Proposition 64 legalizes and regulates recreational marijuana in California. Proposition 64 requires recreational marijuana businesses, including cultivators, manufacturers, distributors, retailers, and testing laboratories, to obtain a state license in order to operate lawfully. The state will not issue licenses if the proposed recreational marijuana business violates a local ordinance. The state anticipates that it will begin issuing licenses for recreational marijuana businesses on or about January 1, 2018. D. Business and Professions Code section 26200, which is part of Proposition 64, expressly recognizes the ability of cities to completely prohibit all recreational marijuana businesses or to regulate such businesses. E. Under Proposition 64, individuals may possess and use specified amounts of marijuana and may cultivate up to six marijuana plants per private residence. Under Health and Safety Code section 11362.2(b), cities may prohibit private outdoor marijuana cultivation, but may not prohibit completely private indoor cultivation of six marijuana plants or less. Cities, however, may reasonably regulate private indoor cultivation of six marijuana plants or less. F. It is imperative that the City maintain local control over all marijuana land uses to the fullest extent allowed by law. Within the past six years, multiple marijuana businesses have opened illegally in the City despite the prohibition against such land uses in Municipal Code section 17.40.020. The City anticipates that Proposition 64 may encourage the establishment of various marijuana businesses within the City. The Municipal Code does not currently address recreational marijuana businesses. While no such business can operate in the City lawfully without a state license, express Municipal Code regulations regarding recreational marijuana dispensaries, cultivation facilities, manufacturing sites, transporters, distributors, testing laboratories, and microbusinesses are necessary to provide clear guidelines regarding the scope of prohibited conduct and minimize the potential for confusion regarding the City's policies. G. Express Municipal Code regulations are also necessary to provide clear guidance regarding the scope of permissible private cultivation. The City anticipates that many individuals will begin to cultivate marijuana at their private residences following the passage of Proposition 64. H. The adoption of a comprehensive marijuana ordinance that addresses both private cultivation and commercial recreational marijuana businesses will take time and careful consideration and will require input from various community stakeholders and the general public. Until that process is complete, an interim urgency ordinance under Government Code section 65858(a) is necessary to protect the public health, safety, and welfare. I. Marijuana establishments and activities often present health, welfare, and public safety issues for cities. Several California cities and counties have experienced serious adverse impacts associated with and resulting from marijuana dispensaries, delivery services, and cultivation sites. According to these communities and according to news stories widely reported, marijuana land uses have resulted in and /or caused an increase in crime, including burglaries, robberies, violence, and illegal sales and use of marijuana in the areas immediately surrounding such marijuana activities. There have also been large numbers of complaints of odors related to marijuana cultivation and storage. Marijuana cultivation sites are often associated with illegal construction, unsafe electrical wiring, excessive water use, and fire hazards. J. A California Police Chiefs Association compilation of police reports, news stories, and statistical research regarding crimes involving medical marijuana businesses and their secondary impacts on the community is contained in a 2009 white paper report which is attached to the staff report presented to the City Council with this ordinance and on file with the City Clerk. The report details numerous violent crimes that occurred throughout the state in and around medical marijuana establishments. K. The Santa Clara County District Attorney's Office issued a May 2014 memorandum entitled "Issues Surrounding Marijuana in Santa Clara County," which outlined many of the negative secondary effects resulting from marijuana cultivation; a copy of this memorandum is attached to the staff report presented to the City Council with this ordinance and on file with the City Clerk. According to the memorandum, marijuana cultivation sites were often associated with illegal construction, haphazard electrical wiring, electricity theft, fires, mold and fungus problems, diversion of public water, pollution of waterways, firearm violations, crimes, and organized crime and street gang involvement. L. Manufacturing of cannabis products can involve the use of chemicals and solvents, and as a result, the manufacture of hash oil concentrate, often added to edibles, drink and liquids, carries a significant risk of explosion due to the distillation process utilized to extract tetrahydrocannabinol. Major burn treatment centers at two hospitals in Northern California reported in 2015 that nearly 10 percent of severe burn cases were attributed to butane hash oil explosions, which was more than burn cases from car accidents and house fires combined. M. News stories regarding adverse impacts of marijuana businesses, including dispensaries, cultivation sites, and delivery services, are attached to the staff report presented to the City Council with this ordinance and on file with the City Clerk. As detailed in these stories, marijuana establishments and cultivation sites are frequent targets of violent crimes, including robberies and assaults, in part because banking institutions will not accept credit card payments for illegal drugs under federal law, forcing such businesses to be cash -only. There is also significant evidence that marijuana delivery services are targets of violent crime and pose a danger to the public. N. Marijuana processing has led to explosions across the country because the processing of marijuana- related products, such as cannabis oils, often involves the use of butane gas flames. O. In 2015, there were at least five- marijuana- related wildfires linked to marijuana growing operations. P. In 2016, a New York firefighter died in an explosion at a residential marijuana cultivation site. Q. It is reasonable to conclude that marijuana businesses and private cultivation under Proposition 64 would cause similar adverse impacts on the public health, safety, and welfare in Rosemead. R. In order to protect the public health, safety, and welfare, the City Council desires to amend the Rosemead Zoning Code to address, in express terms, recreational marijuana businesses, marijuana deliveries, and private marijuana cultivation. The City Council hereby determines that the Municipal Code is in need of further review and possible revision to protect the public against potential negative health, safety, and welfare impacts and to address private marijuana cultivation and the new marijuana business models recognized under Proposition 64. S. An initial period of 45 days will permit City staff to undertake an initial investigation of these matters and recommend a course of action to the City Council, while avoiding the potential adverse impacts of non - medical marijuana facilities, private marijuana cultivation, and non - medical marijuana deliveries that may arise as the City develops permanent regulations. T. Government Code section 65858 authorizes the adoption of an interim urgency ordinance to protect the public health, safety, and welfare, and to prohibit land uses that may conflict with land use regulations that a city's legislative bodies are considering, studying, or intending to study within a reasonable time. U. Failure to adopt this moratorium would impair the orderly and effective implementation of contemplated amendments to the Municipal Code. V. The City Council further finds that this moratorium is a matter of local and City -wide importance and is not directed towards any particular person or entity that seeks to cultivate marijuana in Rosemead. SECTION 2. Environmental Findings. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not aproject as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed ordinance maintains the status quo and prevents changes in the environment pending the completion of the contemplated municipal code review. Because there is no possibility that this ordinance may have a significant adverse effect on the environment, the adoption of this ordinance is exempt from CEQA. SECTION 3. Imposition of Moratorium. In accordance with Government Code section 65858(a), and pursuant to the findings stated herein, the City Council hereby: (1) finds that there exists a current and immediate threat to the public health, safety, and welfare requiring this interim Urgency Ordinance; (2) finds that this Ordinance is necessary for the immediate preservation of the public peace, health, and safety as set forth herein; and (3) declares and imposes a temporary moratorium for the immediate preservation of the public health, safety and welfare as set forth below: A. For a period of 45 days from the 13 Day of December, 2016: 1. Non - medical marijuana facilities are prohibited in all zoning districts in the City and may not be established or operated anywhere in the City. 2. No person or entity may cultivate marijuana at any location in the City, except that a person may cultivate no more than six living marijuana plants inside his or her private residence, or inside an accessory structure to his or her private residence located upon the grounds of that private residence that is fully enclosed and secured against unauthorized entry, provided that the owner of the property provides written consent expressly allowing the marijuana cultivation to occur, the person conducting the marijuana cultivation complies with all applicable Building Code requirements set forth in Title 15 of this code, there is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of marijuana cultivation, and the marijuana cultivation complies with Health and Safety Code section 11362.2(a)(3). 3. A non - medical marijuana facility may not deliver marijuana from any fixed or mobile location, either inside or outside the city, to any person in the City. B. For purposes of this ordinance, the following definitions apply: "Cultivate" means to plant, grow, harvest, dry, cure, grade, and/or trim marijuana. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. "Marijuana" shall have the meaning set forth in Health and Safety Code section 11018. "Non- medical marijuana facility" means any building, property, business, establishment, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license or nonprofit license under Business and Professions Code sections 26000 and following, including but not limited to marijuana cultivation, marijuana distribution, marijuana transportation, marijuana storage, manufacturing of marijuana products, marijuana processing, the sale of any marijuana or marijuana products, and the operation of a marijuana microbusiness. C. City staff is directed to study appropriate modifications to the City's ordinances regarding non - medical marijuana facilities and marijuana cultivation. D. Pending the completion of such studies and the adoption of an ordinance to establish appropriate operational and zoning regulations, it is necessary for the immediate preservation of the public health, safety and welfare that this ordinance takes effect immediately. In the absence of immediate effectiveness, such uses in the City may conflict with existing regulations or requirements. E. This ordinance will take effect immediately upon adoption by a four -fifths vote of the City Council. F. A violation of this ordinance is a public nuisance per se, enforceable through any civil, criminal, or equitable remedy, including, but not limited to, civil actions, injunctions, administrative citations, or criminal penalties. SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. Effective Date and Duration. This ordinance is an urgency ordinance enacted under Government Code section 65858(a). This urgency ordinance is effective December 13, 2016 and will extend for a period of 45 days at which time it will automatically expire unless extended by the City Council under Government Code section 65858. SECTION 6. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law. SECTION 7. Study. Staff is directed to study and analyze issues related to the establishment or operation of recreational marijuana businesses and private marijuana cultivation within the City, including but not limited to, evaluating conflicts in state and federal law concerning the validity of the legislation, the potential impacts of such facilities or activities on public health, safety and welfare of the community, the desirability of such facilities or activities in various zones, and the extent of regulatory controls, if any, to impose on such facilities or activities. SECTION 8. Report. Staff is directed to provide a written report to the City Council at least ten days prior to the expiration of this ordinance, describing the study conducted of the conditions that led to the adoption of this ordinance, in accordance with state law. PASSED, APPROVED, AND ADOPTED this 13th day of December, 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Sandra Armenta, Mayor City of Rosemead, California ATTEST: Marc Donohue, City Clerk City of Rosemead, California APPROVED AS TO FORM Rachel H. Richman, City Attorney Burke, Williams & Sorensen, LLP