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Old 09-22-2008, 06:19 AM   #1
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Thumbs down City Discriminating Against Non-Local Medical Marijuana Users?

I saw this in my paper today, and I was curious if anyone knew what gave them the right to say only Laguna Woods residence have a right to use the dispensaries.

Laguna Woods | California Cannabis

Quote:
The Laguna Woods City Council unanimously voted to allow medical cannabis stores in the city, starting next month.
According to The OC Register, Laguna Woods is the first city in Orange County to pass a law that allows the sale of medical marijuana.
Bucking a trend in Orange County, Laguna Woods on Wednesday became the first local city to pass an ordinance allowing medical marijuana dispensaries. So far no potential vendors have approached the city.
There are dispensaries in about a half-dozen other cities, including Lake Forest and Laguna Niguel, but until now none have opened with the blessing of a city. Many have done nothing on a hazy issue in which state and federal laws conflict.
Some cities, including Huntington Beach, Laguna Hills and Mission Viejo, have enacted bans or moratoriums on the dispensaries, which cropped up after a 1996 state law, the Compassionate Use Act, allowed people to use medical marijuana.
* * * * * * * *
Laguna Woods, California | Medical Marijuana Ordinance
WHAT: The Laguna Woods City Council voted 4-0, with one abstention, to allow medical marijuana dispensaries in the city.
WHEN: Starting in mid-October, dispensaries will be allowed. There currently are no applications to open one.
WHERE: In unspecified commercial/office areas located outside the gated community of Laguna Woods Village.
RESTRICTIONS:
- Dispensary clients must be residents of Laguna Woods. Caretakers will be allowed to purchase marijuana after meeting certain requirements.
- Dispensaries must be located at least 1,000 feet from schools, daycare centers, playgrounds and other youth-oriented establishments.
- They must be operated as collectives or non-profit organizations.
- Hours of operation limited to 9 a.m. to 5 p.m. Monday through Saturday.
- No one under 18 allowed in dispensaries at any time.
Source: Laguna Woods City Council / OCRegister.com
Maybe I'm reading it wrong, but the part I marked in red seems pretty clear that clients of the dispensaries must be residents of Laguna Woods.

For those that don't know, Laguna Woods used to be "Leisure World" (and it is essentially its own world). It is full of fairly high-class old people... so many that they broke away from the city of Laguna and became Laguna Woods (got their own zip code and everything).

So I guess it makes sense that they wouldn't want a bunch of shady people in their area attracted by the dispesary... but ethics aside from choosing which patients are worthy of their marijuana... what legal leg can they stand on?

Does Prop. 215 allow for such discrimination to take place?

I'm definitely going to talk to some people about this.
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Old 09-22-2008, 07:23 AM   #2
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I saw this in my paper today, and I was curious if anyone knew what gave them the right to say only Laguna Woods residence have a right to use the dispensaries.
They're a duly elected municipal government.

Quote:
So I guess it makes sense that they wouldn't want a bunch of shady people in their area attracted by the dispesary...
As the only local city allowing dispensaries, without that provision they'd be flooded with medical marijuana patients seeking medicine. If it's a classy retirement enclave, I can see their point.

Quote:
what legal leg can they stand on?
If municipalities can pass laws banning dispensaries altogether, why wouldn't they be able to pass laws regulating them?.

Quote:
Does Prop. 215 allow for such discrimination to take place?
Proposition 215 doesn't have any provisions regarding dispensaries. It was conceived around the idea that patients would grow their own or have personally designated caregivers grow it for them.
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Old 09-22-2008, 08:49 AM   #3
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They're a duly elected municipal government.


As the only local city allowing dispensaries, without that provision they'd be flooded with medical marijuana patients seeking medicine. If it's a classy retirement enclave, I can see their point.


If municipalities can pass laws banning dispensaries altogether, why wouldn't they be able to pass laws regulating them?.


Proposition 215 doesn't have any provisions regarding dispensaries. It was conceived around the idea that patients would grow their own or have personally designated caregivers grow it for them.
Well that answers just about everything it looks like.

You're an asset, Mr. Buzzby.
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Old 09-22-2008, 09:35 AM   #4
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Interesting.

Can any marijuana patients, or anyone else for that matter, tell me how often it is that dispensaries have requirements to meet before becoming a customer? I figure you would just show your card, walk in, buy, and walk out.

I'm also curious as to why they are closed Sunday. Is this common for all dispensaries?
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Old 09-22-2008, 09:44 AM   #5
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Interesting.

Can any marijuana patients, or anyone else for that matter, tell me how often it is that dispensaries have requirements to meet before becoming a customer? I figure you would just show your card, walk in, buy, and walk out.

I'm also curious as to why they are closed Sunday. Is this common for all dispensaries?
I'm a member of 2, and I can say that I didn't run into any special requirements outside a recommendation. I just filled out paperwork making them caregivers or something, and I got allowed to go in the back to view the selections.

As for the schedule... mine are open 7 days a week.

I could see some being closed for Sundays just for normal small-business reasons and operating costs and such.
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Old 09-22-2008, 09:44 AM   #6
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I'm also curious as to why they are closed Sunday. Is this common for all dispensaries?
Well, I know a lot of pharmacies that are either closed on Sunday, or have limited hours. Maybe they are modeling themselves after that?
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Old 09-22-2008, 09:47 AM   #7
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I'm also curious as to why they are closed Sunday. Is this common for all dispensaries?
Is every pharmacy or medical provider, or heck, any business, open 7 days a week in AK? Here, many stores (and pharmacies) run either limited hours or none at all on Sundays. I guess I didn't find anything at all unusual about them being closed on sunbdays. As with nay business, I'm sure they are free to set their own hours. The fact that its a dispensary doesn't mean that the people who run it never need a day off!!!
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Old 09-22-2008, 06:46 PM   #8
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Didn't they have laws prohibiting sales on Sunday way back that are still on the books but mainly overlooked? I know here you can't purchase alcohol on Sundays until 9 am. Correct me if I'm wrong because I am not positive on this.
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Old 09-22-2008, 06:51 PM   #9
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So I guess it makes sense that they wouldn't want a bunch of shady people in their area attracted by the dispesary...
As the only local city allowing dispensaries, without that provision they'd be flooded with medical marijuana patients seeking medicine. If it's a classy retirement enclave, I can see their point.
Well, if a "classy retirement enclave" is attempting to simply keep out riff-raff medical marijuana seekers, I'd say that is discrimination. That'd be the same as telling people they aren't classy enough (or white enough, as in the case of the '60s) to dine at my restaurant, which is not right.

I'd venture to say that the reason the city only wants its own residents to use the "legal"/regulated dispensaries is to avoid catching flack from its neighboring towns and cities. If the city next door keeps nabbing people for possession of marijuana and the offenders keep claiming they're getting it from the dispensaries at Laguna Woods, that may cause some tension about this new ordinance. Rather, they're keeping things close to home so they don't have to worry about the governments in the towns and cities next door.

My other thought was that, perhaps, since they are being required to act as non-profit organizations, then it might be the case that they are receiving some sort of special status from their individual city that will allow them to operate tax-free or with other special considerations. If the non-profit dispensaries are being supported by the tax dollars of Laguna Woods residents, for example, I can see why they wouldn't want free loaders coming over from out of town to get a load of their high grade buds without footing the same tax bill as those who actually live in town.

Actually, now that I think about it, that's probably more likely the case than the first scenario I described. I mean, every town has certain services it offers only to its residents: trash collection, public schools, etc. Residents pay taxes to their towns to be able to use those services and we keep outsiders from enjoying those benefits (for the most part) because they aren't paying for them and we are.
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Old 09-22-2008, 08:29 PM   #10
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That'd be the same as telling people they aren't classy enough (or white enough, as in the case of the '60s) to dine at my restaurant, which is not right.
I'd like to point out that this part of the post is incorrect.

I agree with the rest.

If you've ever been to S & W, the Palm or any other of a number of nice dining establishments (or even if you haven't, and you've heard of them), you should know that turning down customers based on 'classiness' and race are not even remotely the same thing.
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