Regarding the Nov. 10 article, "County may target dispensaries," Del Norte County counsel Gretchen Stuhr and certain officials from many of our communities are being completely disingenuous in their arguments against a well-regulated cannabis industry.
To declare that money can never change hands, that labor is not a business expense or that non-profit and not-for-profit organizations aren't recognized whenever they're comprised of qualified patients, are all theories that are demonstrably incorrect.
In the real world, community gardens, and cooperative or collective efforts all pool their resources, both physically and financially, to achieve their stated goals. In fact, our courts have already ruled (in County of Butte v. The Superior Court of Butte County) that associations of qualified individuals may contribute to and invest in cannabis associations however they are able to, with money or labor or in-kind contributions.
Patients most certainly do not have to physically participate in
their cannabis gardens. Imagine the impacts of such a devious assumption
... that patients, including the elderly and handicapped individuals,
would be forced into manual farm labor, in order to obtain their
No county in this state, including Del Norte, is authorized to make
decisions about the non-profit or not-for-profit status of an
organization. The state of California and our federal government are
charged with making those determinations, and it is they who issue
organizations their legal status in this regard. Whether or not county
officials want to accept the legal business models of cannabis
associations operating here is irrelevant. It's simply not within their
jurisdiction to determine whether an organization is operating "for
profit" or not.
The reason certain bureaucrats "haven't found a single (dispensary
that is) within the state law," is simply because they refuse to
acknowledge them. Proposition 215 (the Compassionate Use Act) was the
simplest law that voters have enacted since the beginning of our state's
initiative process ... it was only one page long. Subsequently, our
Legislature and governor enacted SB-420 (the Medical Marijuana Program
Act), in order to further implement the CUA.
Yet for 15 years, the biggest opponents to a well-regulated cannabis
industry have misused vast public resources in order to bring their
beloved drug war into the homes of vulnerable patients. They have
violated their oaths of office by seeking to undermine the electorate
and the constitution of California, under color of law and using the
privileges of their office. They are essentially using their offices to
engage in political sabotage, in order to undo what they couldn't
achieve through our democratic process. They're very sore losers.
The extent to which operating dispensaries is "illegal," and the
reason your "sheriff" (in actuality, your district attorney) may not
prosecute such cases, is because violating a county ordinance is only
punishable as an infraction, and because the proper operation of a
"dispensary" can be completely legal under California laws.
The conflict between state laws and local guidelines is a
manufactured crisis, is completely avoidable, and is a waste of public
resources. It's also a fight the state will ultimately win, as every
city and county are merely agents of the state.
Regarding the number of dispensaries, and the farms that serve them,
where have all your "free-market" advocates and Tea Party members gone
into hiding on this issue? What happens to our sovereignty, when the
shoe is on the other foot? Advocates of freedom need to understand what
this word really means, if they want to be taken seriously. We should
all be on the same side here, as we are all part of the 99 percent.
Occupy America includes the cannabis industry. We're the fastest-growing
agriculturally based industry in California.
These officials do not respect the rights of patients, as they know
very well that's who will suffer the most, when all legal access to
cannabis is dismantled by the county. The memberships of "dispensaries"
are comprised (100 percent) of cannabis-using patients. While many on
all sides of this issue agree that the cannabis industry needs greater
regulation, the way forward is to embrace our best job creators and to
increase the tax revenues generated by the largest cash crop in
It's too late to turn the clock back. If anything, these rogue
actions by city and county officials will backfire, and may encourage
Californians to just legalize cannabis outright in 2012. They may also
be held to account for their blatant violations of the public trust, as
their actions seek to harm the very lives of some of their constituents.
Jason Browne works for Full Circle Consulting.