As Fullerton medical marijuana criminal defense attorneys, we were pleased to read some good news or the medical marijuana community for once. The news came Sept. 13 from the San Diego Union-Tribune, which said the City Council has taken a step toward approving zoning laws that would allow dispensaries in certain non-residential areas. Currently, there are no zones at all in the city that allow medical marijuana dispensaries, which means all dispensaries are illegal within city limits. The council did not change the law in its vote Monday night, but it did approve moving forward with the ordinance in a 6-1 vote. Councilman Carl DeMaio was opposed and Councilwoman Marti Emerald was absent. The city said a final vote could happen in January.
The city department in charge of finding violators has said that there are 125 dispensaries operating illegally within city limits. Under the proposed ordinance, none of these would be grandfathered in; all of them would have to comply with the terms of the ordinance. That law would require all dispensaries to have a nonprofit legal structure; to be located in commercial or industrial zones; and to be at least 1,000 feet from other dispensaries, parks, youth centers, religious buildings, day care centers and schools. The council considered adding colleges and universities to that list, after receiving a petition from the University of California at San Diego; the University of San Diego; and Point Loma Nazarene University. That measure failed because some of the councilmembers wanted to study the effect before approving it; Councilwoman Donna Frye said she did not want to create a "de facto ban."
Our Leucadia medical marijuana criminal defense lawyers are pleased that the councilwoman and others are considering these issues without intentionally seeking a de facto ban. This issue has become huge in our home base of Orange County, where many cities have outright legal bans despite a recent court ruling saying bans are not necessarily legal. The zoning restrictions laid down in San Diego's proposed ordinance are certainly restrictive, but they do allow patients to avoid driving over the city border into neighboring cities like La Mesa or Chula Vista. Similarly, we appreciate that the council is considering allowing patients to fill prescriptions at nonprofit dispensaries. State law does not exactly require a nonprofit legal structure, although the attorney general has said that dispensaries must not be for profit. This is far more restrictive than the rules for other types of pharmacy or even for liquor stores, but it does at least allow patients to get their medicine.
Howard Law, P.C. tracks medical marijuana laws and rulings all across California because we have an active practice defending people accused of crimes in connection with medical marijuana. Our clients include people who are accused of violating the restrictions on medical marijuana patients, collectives or cooperatives, as well as people who followed the law but found themselves up against a police officer who does not like marijuana. Unfortunately, this is a real problem for some medical marijuana patients, who have been accused of crimes for possessing, smoking, transporting or selling marijuana when they have a legal right to do so. Our Ladera Ranch medical marijuana criminal defense attorneys defend these clients aggressively, which often means simply showing the paperwork to a judge or a prosecutor. We also argue for lenience in cases where clients unintentionally broke the law.
If you have a California medical marijuana card but were charged with a marijuana crime anyway, you should call Howard Law, P.C. for help. To learn more or set up a free consultation, call us today at 1-800-872-5925 or send us a message online.
