Tuesday, June 10, 2014

The Future of Medical Marijuana Dispensaries in Santa Ana

Updated 9/16/15:  The California State Legislature has approved a package of laws that will create a comprehensive new system to regulate medical marijuana.  Click on the link for more information about the Medical Marijuana Regulation and Safety Act.  

Updated 11/10/14:  Both proposed ordinances passed, but the Council's measure garnered more total votes.  The new ordinance will take effect December 19.  The city's Director of Planning will now prepare an application packet that each dispensary must submit.  Once all qualified applications are received, the city will hold a lottery to randomly select 20 dispensaries that will be permitted to operate within 2 designated areas.  

Updated 7/24/14:  The OC Register is reporting that the Santa Ana City Council recently voted to earmark $500,000 for a task force devoted specifically to shutting down illegal dispensaries in the city.  According to the author, SA police cited or arrested 42 people over the course of 2 days for crimes related to working in, owning, managing or volunteering at illegal shops.  Stay tuned for more details as they become available.  

The future of Santa Ana's bustling medical marijuana industry hangs in the balance, as activists and local leaders grapple with the city's proliferation of storefront dispensaries.  

As of today, nearly 50 active pot shops operate within Santa Ana, mostly concentrated around "the green mile" -- 17th Street, between Grand & the 55 Freeway.  That number has fluctuated wildly over the past couple years, due largely to inconsistent enforcement and market forces.  

Santa Ana imposed an official ban on storefront dispensaries in 2007.  Since that time, enforcement actions have shuttered 177 collectives.  Despite the city's efforts, though, clubs are often operating again within days. 

The high turn-over in "fly-by-night" pot shops has frustrated observers on both sides of the debate. City leaders and code enforcement officials complain that, despite their best efforts, the lure of quick money attracts new dispensaries faster than law enforcement can shut them down.  Seriously ill patients complain about the safety, security and lack of regulation at "less-than-legitimate" collectives.  

We all agree that the current status of medical marijuana in Santa Ana is not sustainable.  Only a clear, concise set of reasonable regulations will bring some order to Santa Ana's green mile. Residents need assurances that the pot shops in their backyards aren't attracting crime or degrading the quality of life in their neighborhoods.  Patients need a safe, affordable and reliable source for their medicine.  

Medical marijuana activists have gathered enough signatures to qualify a ballot initiative for the November election.  If approved by voters, The "Medical Cannabis Restriction and Limitation Initiative" would establish a process for collectives to register with the city and to pay a 2% sales tax.  It would prohibit loitering and smoking on the premises and would restrict areas where pot shops could operate. Kandice Hawes, president of OC NORML, says, "We feel that people do want medical marijuana collectives.  They want them to be controlled and safe, and they want the participation of the city and the police departments."

The City Council is now debating whether or not to place its own, competing measure on the ballot.  The city's proposal would impose a 5-10% tax and would cap the total number of licensed shops, and would restrict dispensaries to two industrial zones within the city.

If we've learned anything from our country's failed social experiment called "prohibition", it should be that the government cannot simply make something go away by making it illegal.  The market forces of supply and demand are far more powerful than any local code enforcement agency. Driving the market underground causes more problems than it solves.  When the product is outlawed, the government turns its citizens into outlaws.  I understand and support the city's need for comprehensive, effective regulation of this emerging industry.  Residents should feel secure in their homes, without excessive traffic, loitering and other nuisance behavior.  The Council's proposed ordinance could be counterproductive, though, if it overtaxes marijuana or places an artificial cap on the number of shops that are permitted to operate within the city.  Let the market decide how many shops will operate.  If dispensaries are overly restricted and taxed, prices are likely to climb and many consumers will turn back to the black market.

Unlike the Council's proposed ordinance, the Medical Cannabis Restriction and Limitation Initiative (or MCRLI) sounds like an effective way to address the community's concerns while ensuring that qualified patients have safe and convenient access to their medicine.  It will protect children, generate revenue for the city without imposing burdensome taxes, and reduce the harmful impact that some collectives have had on their surrounding neighborhoods.

This November, vote to save medical marijuana in Santa Ana. Vote "yes" on the Medical Cannabis Restriction and Limitation Initiative.  If the Council votes to place its own, competing measure on the ballot, tell them to butt out and let the free market do what it does best.

Disagree?  Let me know in the comments section, below.

Thank for reading.  

Monday, June 2, 2014

Appearing in Court on Catalina Island (Avalon Courthouse)

Save yourself the time, hassle and expense of traveling back to the island for a court appearance -- Have an experienced, knowledgeable, local attorney do it for you.

Catalina Island, located approximately 22 miles off the coast of Orange County and Los Angeles, California, is home to a small, one-room courthouse. The courthouse is open on alternating Fridays. It generally hears only misdemeanor criminal cases, infractions (minor traffic matters, etc.) and restraining orders. Felony cases and more serious matters are usually sent to Long Beach.

The City of Avalon, nestled on the southeast corner of the island, is only home to about 2,200 full-time residents, but the population swells between the months of April and September. Tourists, fishermen, divers, hikers, families, boaters and adventure-seekers descend upon the community to enjoy the island's temperate climate and unspoiled, scenic beauty. Each fall, the town of Two Harbors also hosts its Buccaneers Weekend pirate party, a legendary festival that marks both the unofficial end of tourist season on the island and the official beginning of lobster season statewide.

Catalina and its surrounding waters are home to world-famous fishing and diving. It also hosts several marine reserves and designated "conservation areas". These areas are not clearly marked, but fishing within one of them will result in heavy fines and possible forfeiture of your gear. Many visitors are surprised to learn that they've accidentally strayed into a protected area. They're equally surprised when Fish & Wildlife agents show up, cite them, and confiscate their valuable fishing equipment. Remember, it is the individual fisherman's responsibility to know and comply with all local laws and regulations. Ignorance of the law is no defense to the crime of fishing within a protected area.

Visitors are also responsible for correctly identifying their catches and complying with local rules regarding limits, allowable sized fish, season restrictions, etc. California fishing laws are no joke. As mentioned above, they often carry stiff penalties that may include high fines, jail time, probation, forfeiture of your equipment and an embarrassing blemish on your criminal record.

If you've been arrested or cited while visiting Catalina Island, a quality, local attorney can guide you through the process to ensure that your rights are preserved and that you walk away with the best outcome possible. Our professional staff will work with you, the court and prosecutors to beat your case or to negotiate a fair disposition. Our goal is always to make the process as painless and stress-free as possible for you.

Our firm has extensive experience in defending against all types of criminal issues that arise on Catalina Island -- Avalon, Two Harbors, and everywhere in between. The most common issues we see on the island include DUI (driving a car, a boat or a golf cart under the influence), domestic violence, assault / battery, disturbing the peace, being drunk in public, possession of drugs or paraphernalia, and various fishing violations. We can often make your appearances for you, without you having to be personally present in court. Save yourself the time, hassle and expense of traveling back to the island for a court appearance (or a series of court appearances) -- have a local attorney do it for you.

We're familiar with the local judge, court staff and prosecutors. We know "how the game is played" on Catalina Island and we typically get fantastic results for our clients. Of course, each case is unique. Past performance is no guarantee of future success. The results of your case will depend upon its specific facts and your criminal history.

You have a choice in hiring a lawyer. Many attorneys serve the Avalon courthouse and most of them tout their local knowledge and experience, but I actually know the difference between a Canary Rockfish and a Vermilion Rockfish.

If you've been cited or arrested on Catalina Island, call our office for a free attorney consultation. (714) 449 3335.

Thanks for reading.

Catalina Island Lawyer