STIRRING THE POT

LONG BEACH - Proposed legal action by the Long Beach city attorney's
office is expected to ignite a new battle in the ongoing war over
medical marijuana.

Police have identified 11 locations in Long Beach where medical
marijuana is sold to patients by dispensaries, which, according to
the city attorney's office, are operating illegally.

City records obtained by the Press-Telegram show none of the 11
locations has been issued a business license or permit to operate as
a dispensary in Long Beach.

Of the 11 locations, four have licenses for unrelated businesses -
including a barber and beauty shop, retail clothing store, industrial
space and real estate. The remaining locations have no license or permit.

"Whether they have a license which was issued for another kind of
business, which is fraudulent, or they are operating without a
license, it's all ... in violation," said Deputy City Attorney Richard Anthony.

Anthony said earlier this month that the city has never issued a
license to any medical marijuana dispensary since the 1996 passage of
Prop. 215, the compassionate use act that legalized marijuana for
California patients suffering from debilitating conditions and disorders.

Federal law still prohibits the use of the drug in most cases and
questions regarding how the drug would be dispensed within California
began to arise not long after the state law's passage.

The issue of dispensaries and whether or not they should be permitted
came to a head in Long Beach in 2005, when the City Council placed a
six-month moratorium on the issuance of licenses while city staff
investigated potential legal problems.

Despite impassioned pleas by medical marijuana advocates, the city
attorney's office ultimately decided against allowing dispensaries or
clinics to operate and declared no licenses would be granted once the
moratorium expired, Anthony said.

Anthony did not know why action against the city's dispensaries has
not been taken since the 2005 decision, but added that Deputy City
Attorney Cristyl Meyers is preparing to take action now.

Meyers confirmed Friday the action is pending, but said she could not
discuss specifics until this week.

Timely Case

At least one California city that recently enacted a similar ban was
able to defend the move in the first round of litigation Friday.

The recent lawsuit filed by a dispensary against the city of Anaheim
for its new ban - which was scheduled to take effect earlier this
month until an Orange County Superior Court judge temporarily blocked
the law on Sept. 4 - is being closely watched by Long Beach
authorities and advocates.

Judge David Thompson ruled Friday that his temporary order against
Anaheim's ban was to be dissolved. The lawsuit, however, remains in effect.

In Friday's ruling, the judge noted that the plaintiff - The
Qualified Patients Association - failed to show the city ban on
clinics violated state law or patients' rights, said Anaheim City
Spokesman John Nicoletti.

Thompson also ordered both parties to return to his court on Oct. 16
to discuss the status of the pending trial, Nicoletti said.

Despite the recent push to limit medical marijuana dispensaries,
advocates, local owners and staff at dispensaries insist they are
operating within state law. They cite a state appellate court
decision that upheld the right of medical marijuana co-operatives and
collectives to provide patients with safe and reliable access.

They pay state taxes through the sale of the drug and pay federal and
state taxes for employee payroll. According to an analysis by the
California chapter of the National Organization for the Reform of
Marijuana Laws, marijuana sells for roughly $10 to $15 for a single
gram, the equivalent of one or two joints.

They say they are also regulated by the Los Angeles County Department
of Health, which oversees the issuance of medical marijuana ID cards
- - which cost $153 in Los Angeles County - to patients.

Patients seek permission to use marijuana from doctors under
California's voter-approved Prop. 215 and a follow-up 2003 law, which
clarified the original proposition and ordered counties to issue the
identification cards to patients.

As of Sept. 22, 35 California counties - including Los Angeles and
Orange counties - have signed up to participate in the identification
card system and 16,421 cards have been issued statewide, far below
the expected 150,000, according to the California Department of Public Health.

City Ban

However, federal law still forbids marijuana possession in most
cases, creating what Long Beach city officials, as well as many other
communities, say is a conflict between federal, state and local laws.

And local authorities maintain that, in order to operate within the
city, dispensaries must comply with the Long Beach ordinance as well
as state law. Because Long Beach has effectively banned dispensaries,
those within Long Beach are in violation of city law.

At the time the city enacted its moratorium, city officials were
aware of at least two locations, said Councilman Val Lerch - who
removed himself from voting on the matter two years ago because he
felt he was too personally involved in the issue.

Lerch explained then, and in an interview with the Press-Telegram
this week, that although he brought the matter to the council's
attention - along with then Councilman Dan Baker - he did not think
it would be appropriate to vote on the issue because of a personal connection.

The 9th District councilman's wife suffers from multiple sclerosis.
Although medical marijuana has been shown to be extremely effective
in treating debilitating symptoms of the chronic disease, she does
not use it, Lerch said Thursday.

"As long as federal law prohibits it, my wife will never use it,"
Lerch said, adding that she was raised the daughter of a probation
officer and believes strongly in following all laws.

Lerch also made it clear that if his wife were to change her mind, he
would support her decision to seek treatment.

"Someone who sells drugs next to a school should be hung from the
highest point," Lerch said.

"But I also support the legal use of a drug that was approved by
voters and, from all accounts, has a legitimate value for patients," he added.

Owner Talks

Staff at several of the dispensaries in the city said they received
letters threatening federal legal action by the U.S. Attorney's
Office at the beginning of the year. The letters were followed with
Drug Enforcement Agency raids at 10 medical marijuana clinics in Los
Angeles and West Hollywood and more than 13 dispensaries in San Diego.

None of the staff at any of the Long Beach dispensaries who agreed to
speak with the Press-Telegram was aware of pending action by the Long
Beach city attorney's office, however.

All of the locations cited by police were contacted for interviews.
Only one owner and manager was willing to speak with the
Press-Telegram and asked that only his first name, Mark, be used,
citing concerns of federal prosecution.

Mark has managed Herbal Solutions Compassionate Caregivers in Naples
for about a year and a half. He started the dispensary after
struggling to find safe and reliable locations to purchase medical
marijuana for his terminally ill grandfather.

City records show that he does not have a business permit for the location.

"I did this because of my grandfather, who died of colon cancer," he
said. "When I tried to find (medical marijuana) ... I had to go find
it illicitly and it was scary."

His patients regularly thank his staff for providing a safe place to
get their prescriptions filled, he said.

They are also constantly aware of the threat of raids and other legal
action by federal authorities, he added.

"I can't tell you how many patients ... walk in crying, talking about
their fear that they could lose their ability to get their medicine."

Mark criticized the city's ban, saying he and the other dispensary
owners would pay any business permit fees and could be a valuable
contributor to local sales tax coffers, he said.

"By not allowing us to apply for business permits they are forcing us
to operate illegally, that's not what we want to do," he said. "We
pay our taxes to the state, we also pay taxes to the federal
government through our payroll."

Doctor's Office Feel

Herbal Solutions sits at the back of an office and retail complex on
Second Street.

There are no signs outside the business. The first thing that tips a
visitor to what is inside is the security camera bolted next to the front door.

Inside the lobby are signs prohibiting access to those without
prescriptions, but it otherwise looks like a typical doctor's waiting
room with the requisite outdated magazines and minimal furniture.

The notable exception to the otherwise generic doctor office vibe is
the powerful odor that envelopes everything in the office and the
very large, and very polite, security guard.

Some neighbors who live behind Herbal Solutions, as well as some
surrounding businesses, said the dispensary's owner is abusing the
compassionate-use law for a tidy profit.

"I voted for Prop. 215 and I can tell you that what they are doing is
not what I or most of the other voters had in mind," said Naples
resident Bill Hearn.

About two blocks west on Second Street, another dispensary - GJS
Medical Service/United Caregivers - that was preparing to open was
denied a lease when a neighboring business owner complained to the landlord.

There is no business permit registered for the site, according to city records.

"Most of the (patients) are college kids who know where to go to buy
their prescription card for about 150 bucks," said the business
owner, who asked that his name not be used.

"I didn't get out of college that long ago; I can tell you where to
get the cards," he said. "This isn't about people with cancer or
AIDS, these are teenagers and college kids scoring some pot."

Already Gone

In the case of another dispensary - B/C/C, 1824 E. Broadway - the
federal warning, along with pressure from some neighbors upset about
the clientele who frequented the business, resulted in the landlord
evicting the dispensary, according to neighboring businesses and residents.

City records show the property is licensed for commercial space rental.

Quality Discount Caregivers sits in a strip of businesses on San
Antonio Drive on the edge of Bixby Knolls. It has a comfortable
atmosphere with better coordinated furnishings than most of the other
dispensaries, a detailed sign on its front window and an ATM machine
- - which was out of cash on a recent visit.

City records show that there is no business permit registered to the site.

One of the managers there said customers have commented they are more
professional than some other co-operatives, and they have no problems
with police or neighbors.

"I've seen a lot of kids, a lot of young guys, go in there. I haven't
seen any old people," said Stacy Lin, who works in the area and lives
in Long Beach. "But they don't bother anyone, they're real mellow."

Quality Discount Caregivers also advertises in the back of the OC
Weekly, along with massage therapists and alternative businesses
geared toward youth. In the ad, the dispensary offers a 25 percent
discount to first-time patients.

All 11 locations listed by the Police Department came up after simple
Internet searches for medical marijuana dispensaries.

Narcotics Division Sgt. Paul LeBaron said the department's list of
dispensaries was compiled on the basis of community complaints.

"The Long Beach Police Department respects the right of patients who
are legally prescribed medical marijuana," LeBaron said. "The problem
is with drug operations abusing the spirit of the law and using the
law to legitimize ... drug dealing."

Advocates Respond

Even medical marijuana advocates acknowledged co-operative and
collective models can be and are abused.

"I am not a big supporter of co-ops because I've seen too many of
them fail to do what they are intended for, which is to serve the
community as a true co-operative," said David Zink, a local advocate.

"I'm also not in favor of law enforcement using any excuse to go
after patients and care-givers," Zink added.

"And I'm disappointed in Long Beach and the City Council for not
recognizing the potential (gain)," he said. "This is not something
that is going to go away, and the city is passing up financial
opportunities that other communities are benefiting from."

A Huntington Beach man who uses medical marijuana to treat nerve pain
from an automobile accident echoed Zink's statements. He said he
knows a number of local owners of dispensaries.

"Yeah there are cartels who abuse it," said John, who asked that only
his first name be used. "We know there are people out there who abuse
it, but that's still better than having people who really need it
being forced to go to the streets."

The community would be better served if authorities would prosecute
pharmaceutical companies who sell highly addictive medications that
do more damage than cannabis, he said.

The true co-operatives, John and others insisted, would be happy to
open their books to authorities and comply with any regulations
deemed necessary.

By shutting down the dispensaries, the city will be hurting the
patients in most need of a safe access, said Diana Lejins, president
of Advocates for Disability and a supporter of medical marijuana
patients and right.

Lejins predicted such action will lead to a rise in crime, saying
patients will be forced to turn to illicit street dealers.

She questioned why the city was taking action now, after two years,
and suggested the city adopt a policy of only prosecuting locations
where complaints are lodged.

"The bottom line is we have this opportunity to regulate the
situation," she said. "To just eliminate them is downright cruel."

Problems ahead?

If dispensaries are prosecuted, they must prove they are true
nonprofits to operate under the state law, said Bruce Margolin, a
West Hollywood criminal defense attorney who specializes in medical
marijuana cases and who is the director of Los Angeles NORML.

But Margolin added that the law protects patients' rights not only to
use medical marijuana but to have safe access to the drug.

The veteran lawyer also warned that Long Beach could open itself up
to potential lawsuits, much like those filed against Anaheim, if it
pursues legal action against the local dispensaries.

"One could easily argue this is a denial of due process," Margolin
said, referring to the ban on business licenses.

"(The city) just can't arbitrarily take away their business," he said.

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THE ISSUE

Since 2005, the city has banned business licenses for medical
marijuana dispensaries.

What's happened: The Police Department has identified 11 businesses
in Long Beach that it says are dispensing medical marijuana. Of
those, city records show that four have business licenses for some
other use, and the rest have no business license or permit at all.

What's next: The city attorney's office says it is planning to take
action against the dispensaries in Long Beach. Business owners say
the city ban is short-sighted.

Q: What are Proposition 215 and Senate Bill 420?

A: Prop 215 is another term for the Compassionate Use Act of 1996. It
was the first statewide medical marijuana measure voted into law in
the United States. Prop 215 provides protections to seriously ill
persons who have their doctor's recommendation to use marijuana for
medical purposes.

Prop 215 also provides protections to physicians and primary
caregivers who assist these seriously ill persons, who are known as
"qualified patients" under SB 420. SB 420 requires the California
Department of Health Services to create the Medical Marijuana
Program, which develops and maintains an online registry and
verification system for Medical Marijuana Identification Cards.

Q: What serious medical condition(s) do you need to have to qualify for a card?

A: A serious medical condition is any of the following: AIDS;
anorexia; arthritis; cachexia (wasting syndrome); cancer; chronic
pain; glaucoma; migraine; persistent muscle spasms (i.e., spasms
associated with multiple sclerosis); seizures (i.e., epileptic
seizures); severe nausea; any other chronic or persistent medical
symptom that either substantially limits a person's ability to
conduct one or more of major life activities, or if not alleviated,
may cause serious harm to the person's safety, physical, or mental health.

Q: When and where can you apply for a MMIC?

A: Los Angeles County Department of Public Health, 241 N. Figueroa
Street, Rm 128, Los Angeles. For more information, call (866)
621-2204. Hours are Monday to Friday, 8 a.m. to noon, 1 to 4 p.m.

Q: What documentation do you need?

A: A copy of your medical records that documents the use of medical
marijuana is appropriate for you.

Proof of identity, which can be a California driver's license or ID
card or other government-issued photo ID card.

Proof of residency, which can be a rent or mortgage receipt, utility
bill or California DMV motor vehicle registration.

Source: California Department of Health Services