S
fishwhistle
- 4,686
- 263
All the cali cities are just making new rules up as they go,no dispensaries,no outdoor growing etc etc,ive never got how this is not in direct conflict of state law.Ive heard the argument that current law doesnt allow for "for profit dispensaries" but how does it disallow outdoor growing or non profit collectives?what a mess.
S
Schwoop
Guest
The old school conservatives just can't let go of there Reefer Madness stereotypical Bullshit!
There fighting it tooth n nail! Robert Shannon is a piece of shit! Sell out Mother Fucker! His Agenda keeps rearing its ugly head but his options are dropping like flies!
However this decision along with many others are keeping are industry alive, even though we've taken a beating in the past 12 months. The one thing we got going is we got right on our side!
There fighting it tooth n nail! Robert Shannon is a piece of shit! Sell out Mother Fucker! His Agenda keeps rearing its ugly head but his options are dropping like flies!
However this decision along with many others are keeping are industry alive, even though we've taken a beating in the past 12 months. The one thing we got going is we got right on our side!
Cort
- 1,444
- 163
Fishwhistle. It does not have to be legal for them to make the laws.
Today you must have a blue hat. No blue hat? well here is some harassment. Later down the line it might be ruled unconstitutional, if someone can afford to fight, but that does not help anyone caught without a blue hat today.
Today you must have a blue hat. No blue hat? well here is some harassment. Later down the line it might be ruled unconstitutional, if someone can afford to fight, but that does not help anyone caught without a blue hat today.
Confuten1
exploitin strengths - perfectin weaknessess
Supporter
- 1,930
- 263
Thats grwat news!
Confu.
Confu.
S
Schwoop
Guest
The city of Long Beach's bizarre and ill-fated foray into the medical marijuana business has now gone full circle. Yesterday, the California Supreme Court announced it was not going to review the city's appeal of an appellate court ruling that struck down the city's 2010 medical marijuana ordinance. The reason: the city has already invalidated that ordinance by passing a ban on medical marijuana, and the attorney who filed the original case arguing that the ordinance violated the federal government's prohibition against marijuana had withdrawn that argument.
If all that has your head spinning, it should, since when it comes to how Long Beach has handled medical marijuana policy, just about nothing makes sense. But the gist of it is that the city wasted a huge amount of money crafting an unfair ordinance that kept small-scale dispensaries from being able to compete with larger, more profit-oriented clubs that could afford the exorbitant fees--more than $15,000 just to apply for the lottery, and thousands more to pay for the equipment to grow marijuana, which the city required, or to keep moving locations every time the city added more zoning restrictions to the law.
For all that wasted cash, the city is now exactly where it started before it passed the ordinance, and on top of that, it's facing a massive budget shortfall, which is likely to cause salary slashing and layoffs at city hall, not to mention the closure of after-school park programs, libraries, and other important community services. If the city had done things differently, it could now be effectively taxing the dispensaries and filling city coffers instead of spending money it doesn't have raiding them and fighting lawsuits.
Matthew Pappas, the attorney who fought the pot ordinance on behalf of patients who belonged to clubs that the city targeted for violating it, has just written an open letter to city officials begging them to start over--and start starting over by firing City Attorney Robert Shannon. It's an angry and elegant letter, worth reading in full, so here goes.
August 22, 2012
TO WHOM IT MAY CONCERN:
The patients in Pack won at the appellate court level. The excessive permit fee, permitting, and permit lottery parts of 5.87 were deemed invalid by the appellate court. It was the City of Long Beach that asked the Supreme Court to review the Pack appellate decision - not the patients. When the City repealed Chapter 5.87, the issue the City had spent huge amounts of money asking the Supreme Court to review became moot. As a result, the City's Petition was dismissed. The patients won at the appellate court level and they won today when the Supreme Court dismissed the City's petition for review.
Long Beach should have, following the decision by the appellate court in Pack, severed the few provisions of Chapter 5.87 that were deemed illegal. Instead, it asked for review and then made moot its own case before the Supreme Court by repealing 5.87. This is further evidence of the incompetence in the City Attorney's office as well as the outrageous behavior of council members who care more for themselves and their political aspirations than the citizens they are supposed to be serving.
How many of the absolutely horrible roads in Long Beach could have been repaired using the millions of dollars the City has spent on just this issue? How many school books could have been purchased with the thousands of dollars spent by the City Attorney trying to get the Supreme Court to grant review? How many dollars will taxpayers have to pay out because Shannon and the police engaged outrageous tactics raiding collectives, destroying cameras, and injuring patients?
Why was all of that money spent when Long Beach has a medical marijuana tax law -- LBMC Chapter 3.80.260? Under 3.80.260 (which taxes medical cannabis at 15%), Long Beach could be generating much needed tax dollars for road repairs or schools or public safety. Instead, it has spent money it doesn't have making utterly incompetent decisions. It has also exposed future millions of tax dollars because of discriminatory actions it has taken against patients. Most of LBMC Chapter 5.87 was effective and innovative regulation. The patients in Pack have never suggested otherwise. To the contrary, the patients and advocates supporting the Pack case have always said that most of 5.87 was a very good law. It was after Robert Shannon "took a knife" to the first version of 5.87 passed by the Council in January, 2010 that the law became "warped" to include the provisions later stricken by the appellate court. The City has Robert Shannon to thank for those changes made between January and March, 2010 that led to the bad parts of 5.87 and the subsequent millions of dollars spent by the City.
At least 98% of Chapter 5.87 remained valid following the appellate court decision. Only a few tiny provisions and the outrageous permit lottery system conducted using a trash can were stricken by the appellate court. However, on October 6, 2011, Robert Shannon stated to the press that, "you could read this decision (Pack)" as meaning the City could completely ban all collectives. It was clear from that moment on that his intent was to do just that - ban all collectives. He knew the appellate court did not require the City to ban. He knew most of 5.87 remained valid. Yet he decided to waste huge sums of taxpayer money to create a ban of all collectives. After all of the money spent as well as the illegal raids and attacks, the Pack appellate court ruling is again binding on the City.
The City should reinstate 5.87. When it does, the Pack decision will prevent it from imposing improper, unfair, and illegal provisions that are, as former Long Beach Councilwoman Tonia-Reyes Uranga said in March, 2010, "pretty much a sham" designed to close all collectives.
Robert Shannon advocated that the City petition the Ca. Supreme Court for review. He spent tons of money on that process. He thereafter told the council it had to repeal 5.87 rather than just remove the few parts deemed invalid by the appellate court. He also told the City Council it had to ban all collectives and pass Chapter 5.89 as an emergency measure. Those decisions by Bob Shannon - the guy that wanted to spend the hundreds of thousands of taxpayer dollars getting before the Supreme Court - are what made the case moot. By repealing 5.87, Shannon simply canceled out the Petition he'd filed. And, now that the Supreme Court has dismissed its review of Pack, the appellate court's order that Long Beach pay the patients' costs will lead to thousands of additional dollars taxpayers must come up with. And why? -- because Bob Shannon hates medical marijuana.
Robert Shannon, through the entire medical marijuana debacle in large-part caused by him, has cost city taxpayers millions and millions of dollars. Those tax dollars do not exist to ensure "cowboy Bob" wins the gunfight. Nor do they exist to protect Bob's pride. After all, he is paid more than $250,000.00 per year to work for Long Beach. Mr. Shannon needs to resign or Long Beach voters need to recall and replace him. They also need to seriously weigh whether the "lobbyist-happy" city council members and Mayor, all of whom act like royalty rather than serve their constituents, should remain in office. The entire city government needs to be shaken-up because they are supposed to serve Long Beach citizens - not the other way around.
Matt Pappas
If all that has your head spinning, it should, since when it comes to how Long Beach has handled medical marijuana policy, just about nothing makes sense. But the gist of it is that the city wasted a huge amount of money crafting an unfair ordinance that kept small-scale dispensaries from being able to compete with larger, more profit-oriented clubs that could afford the exorbitant fees--more than $15,000 just to apply for the lottery, and thousands more to pay for the equipment to grow marijuana, which the city required, or to keep moving locations every time the city added more zoning restrictions to the law.
For all that wasted cash, the city is now exactly where it started before it passed the ordinance, and on top of that, it's facing a massive budget shortfall, which is likely to cause salary slashing and layoffs at city hall, not to mention the closure of after-school park programs, libraries, and other important community services. If the city had done things differently, it could now be effectively taxing the dispensaries and filling city coffers instead of spending money it doesn't have raiding them and fighting lawsuits.
Matthew Pappas, the attorney who fought the pot ordinance on behalf of patients who belonged to clubs that the city targeted for violating it, has just written an open letter to city officials begging them to start over--and start starting over by firing City Attorney Robert Shannon. It's an angry and elegant letter, worth reading in full, so here goes.
August 22, 2012
TO WHOM IT MAY CONCERN:
The patients in Pack won at the appellate court level. The excessive permit fee, permitting, and permit lottery parts of 5.87 were deemed invalid by the appellate court. It was the City of Long Beach that asked the Supreme Court to review the Pack appellate decision - not the patients. When the City repealed Chapter 5.87, the issue the City had spent huge amounts of money asking the Supreme Court to review became moot. As a result, the City's Petition was dismissed. The patients won at the appellate court level and they won today when the Supreme Court dismissed the City's petition for review.
Long Beach should have, following the decision by the appellate court in Pack, severed the few provisions of Chapter 5.87 that were deemed illegal. Instead, it asked for review and then made moot its own case before the Supreme Court by repealing 5.87. This is further evidence of the incompetence in the City Attorney's office as well as the outrageous behavior of council members who care more for themselves and their political aspirations than the citizens they are supposed to be serving.
How many of the absolutely horrible roads in Long Beach could have been repaired using the millions of dollars the City has spent on just this issue? How many school books could have been purchased with the thousands of dollars spent by the City Attorney trying to get the Supreme Court to grant review? How many dollars will taxpayers have to pay out because Shannon and the police engaged outrageous tactics raiding collectives, destroying cameras, and injuring patients?
Why was all of that money spent when Long Beach has a medical marijuana tax law -- LBMC Chapter 3.80.260? Under 3.80.260 (which taxes medical cannabis at 15%), Long Beach could be generating much needed tax dollars for road repairs or schools or public safety. Instead, it has spent money it doesn't have making utterly incompetent decisions. It has also exposed future millions of tax dollars because of discriminatory actions it has taken against patients. Most of LBMC Chapter 5.87 was effective and innovative regulation. The patients in Pack have never suggested otherwise. To the contrary, the patients and advocates supporting the Pack case have always said that most of 5.87 was a very good law. It was after Robert Shannon "took a knife" to the first version of 5.87 passed by the Council in January, 2010 that the law became "warped" to include the provisions later stricken by the appellate court. The City has Robert Shannon to thank for those changes made between January and March, 2010 that led to the bad parts of 5.87 and the subsequent millions of dollars spent by the City.
At least 98% of Chapter 5.87 remained valid following the appellate court decision. Only a few tiny provisions and the outrageous permit lottery system conducted using a trash can were stricken by the appellate court. However, on October 6, 2011, Robert Shannon stated to the press that, "you could read this decision (Pack)" as meaning the City could completely ban all collectives. It was clear from that moment on that his intent was to do just that - ban all collectives. He knew the appellate court did not require the City to ban. He knew most of 5.87 remained valid. Yet he decided to waste huge sums of taxpayer money to create a ban of all collectives. After all of the money spent as well as the illegal raids and attacks, the Pack appellate court ruling is again binding on the City.
The City should reinstate 5.87. When it does, the Pack decision will prevent it from imposing improper, unfair, and illegal provisions that are, as former Long Beach Councilwoman Tonia-Reyes Uranga said in March, 2010, "pretty much a sham" designed to close all collectives.
Robert Shannon advocated that the City petition the Ca. Supreme Court for review. He spent tons of money on that process. He thereafter told the council it had to repeal 5.87 rather than just remove the few parts deemed invalid by the appellate court. He also told the City Council it had to ban all collectives and pass Chapter 5.89 as an emergency measure. Those decisions by Bob Shannon - the guy that wanted to spend the hundreds of thousands of taxpayer dollars getting before the Supreme Court - are what made the case moot. By repealing 5.87, Shannon simply canceled out the Petition he'd filed. And, now that the Supreme Court has dismissed its review of Pack, the appellate court's order that Long Beach pay the patients' costs will lead to thousands of additional dollars taxpayers must come up with. And why? -- because Bob Shannon hates medical marijuana.
Robert Shannon, through the entire medical marijuana debacle in large-part caused by him, has cost city taxpayers millions and millions of dollars. Those tax dollars do not exist to ensure "cowboy Bob" wins the gunfight. Nor do they exist to protect Bob's pride. After all, he is paid more than $250,000.00 per year to work for Long Beach. Mr. Shannon needs to resign or Long Beach voters need to recall and replace him. They also need to seriously weigh whether the "lobbyist-happy" city council members and Mayor, all of whom act like royalty rather than serve their constituents, should remain in office. The entire city government needs to be shaken-up because they are supposed to serve Long Beach citizens - not the other way around.
Matt Pappas
Animal Chin
Supporter
- 1,451
- 263
SCHWEET!!!
S
Schwoop
Guest
Let's argue more
The courts are a funny thing. A case that caused the sky to fall is six months ago is now being declared irrelevant.
A state appeals court case that some feared would cause all medical marijuana dispensaries in California to be banned back in January was dismissed without review on Wednesday by the California Supreme Court.
In the case of Pack v. City of Long Beach, a state appeals court ruled that no city or county in California could regulate medical marijuana dispensaries, since marijuana is illegal under federal law. Cities across the state used the ruling as an excuse to ban dispensaries. Even San Francisco got into the act, briefly suspending its landmark permitting ordinance.
The appeals court ruling was suspended while the Supreme Court agreed to hear the case. A decision could have been forthcoming this fall. But in the interim, Long Beach banned dispensaries outright. That rendered the point of law the Supreme Court was to argue moot, and so the entire case was dismissed.
So who won? The game's not even close to over.
First, the irony: It was several would-be medical marijuana dispensary operators who inadvertantly caused the ban. Long Beach's former dispensary ordinance required operators to pay to participate in a lottery to determine who could open up a dispensary. Operators who lost in the lottery but still had to pay their fee sued, and in the Court of Appeals decision, the entire law was thrown out as federally illegal -- and in the ensuing decision, the appeals court said that all regulating laws were unlawful.
The Pack decision has had little impact in San Francisco or Oakland, where the 2005 Medical Cannabis Act remains in effect, and where the biggest threat to medical cannabis is the federal Justice Department.
In San Jose, the City Council declared all dispensaries unlawful, but meanwhile continues to collect local taxes from those dispensaries. Los Angeles has also chosen to ban dispensaries outright. Some attorneys argue that locally enacted dispensary bans -- in which cities essentially pick and choose which portions of state law they wish to allow their citizens to obey -- are unlawful as a result of the Supreme Court decision.
However, not everyone sees it that way. Remember, the bans came about as a result of the appeals court decision. An appeal of that decision was what the Supreme Court dismissed as moot.
The Supreme Court did declare the lower court's decision, which appeared pivotal at the time, "unpublished," a legal way of saying worthless. However, Long Beach City Attorney Robert Shannon maintains that the decision still carries weight -- though just in his town.
"Until they [the Supreme Court] rule on the right of a municipality to ban medical marijuana collectives, our ban will remain in place," Shannon told the Long Beach Press-Telegram.
The court is set to do just that in yet another case, City of Riverside v. Inland Empire Patient's Health and Wellness Center.
The courts are a funny thing. A case that caused the sky to fall is six months ago is now being declared irrelevant.
A state appeals court case that some feared would cause all medical marijuana dispensaries in California to be banned back in January was dismissed without review on Wednesday by the California Supreme Court.
In the case of Pack v. City of Long Beach, a state appeals court ruled that no city or county in California could regulate medical marijuana dispensaries, since marijuana is illegal under federal law. Cities across the state used the ruling as an excuse to ban dispensaries. Even San Francisco got into the act, briefly suspending its landmark permitting ordinance.
The appeals court ruling was suspended while the Supreme Court agreed to hear the case. A decision could have been forthcoming this fall. But in the interim, Long Beach banned dispensaries outright. That rendered the point of law the Supreme Court was to argue moot, and so the entire case was dismissed.
So who won? The game's not even close to over.
First, the irony: It was several would-be medical marijuana dispensary operators who inadvertantly caused the ban. Long Beach's former dispensary ordinance required operators to pay to participate in a lottery to determine who could open up a dispensary. Operators who lost in the lottery but still had to pay their fee sued, and in the Court of Appeals decision, the entire law was thrown out as federally illegal -- and in the ensuing decision, the appeals court said that all regulating laws were unlawful.
The Pack decision has had little impact in San Francisco or Oakland, where the 2005 Medical Cannabis Act remains in effect, and where the biggest threat to medical cannabis is the federal Justice Department.
In San Jose, the City Council declared all dispensaries unlawful, but meanwhile continues to collect local taxes from those dispensaries. Los Angeles has also chosen to ban dispensaries outright. Some attorneys argue that locally enacted dispensary bans -- in which cities essentially pick and choose which portions of state law they wish to allow their citizens to obey -- are unlawful as a result of the Supreme Court decision.
However, not everyone sees it that way. Remember, the bans came about as a result of the appeals court decision. An appeal of that decision was what the Supreme Court dismissed as moot.
The Supreme Court did declare the lower court's decision, which appeared pivotal at the time, "unpublished," a legal way of saying worthless. However, Long Beach City Attorney Robert Shannon maintains that the decision still carries weight -- though just in his town.
"Until they [the Supreme Court] rule on the right of a municipality to ban medical marijuana collectives, our ban will remain in place," Shannon told the Long Beach Press-Telegram.
The court is set to do just that in yet another case, City of Riverside v. Inland Empire Patient's Health and Wellness Center.
MarijuanaBaybee
- 641
- 43
Shhhikwidddditttt
SAMCRO
- 263
- 43
this deal has really turned into a real nightmare and a complete mess. were just getting into it and im sick of it.
Animal Chin
Supporter
- 1,451
- 263
What a headache
Animal Chin
Supporter
- 1,451
- 263
R.S. is a little bitch!
Now what Schwoop...fucking waiting game?
Come on Supreme Court give us justice
Now what Schwoop...fucking waiting game?
Come on Supreme Court give us justice
chickenman
Premium Member
Supporter
- 10,698
- 438
Us humans sure know how to fuck things up..
Way too complicated...
Its just a plant Fuck em all!!!!
Grow it, love it, use it!!!!
Live your life the way you want...
to hell with the bastard politicans.
Iam so tired of them telling us what to do and regulating everyhing...
Ill do WTF I want
Way too complicated...
Its just a plant Fuck em all!!!!
Grow it, love it, use it!!!!
Live your life the way you want...
to hell with the bastard politicans.
Iam so tired of them telling us what to do and regulating everyhing...
Ill do WTF I want
Animal Chin
Supporter
- 1,451
- 263
Exactly...thats how I roll...kinda selfish but keeps me sane.
fishwhistle
- 4,686
- 263
Yeah bro i agree,i think its their plan,they make it such a pain in the ass you just give up.Its like getting put on hold by your phone or insurance company until you just give up because you dont wanna spend half your life on hold only to talk to someone who has no clue or listening to paid political advertisements telling you to vote yes on this or that only to find out a yes vote really means no,baffle em with bullshit,lol.
K
kolah
- 4,829
- 263
Trying to live your life free while the people in power make everyone a criminal is pretty fucking hard to do.
As my Dad used to say, "you can do anything ya want just don't get caught." Although it's good advice "more laws make more criminals." Just about every thing we try to do these days is illegal.
As my Dad used to say, "you can do anything ya want just don't get caught." Although it's good advice "more laws make more criminals." Just about every thing we try to do these days is illegal.
SAMCRO
- 263
- 43
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