Medical Marijuana Dispensaries Are Legal - Letters to the CA Attorney General - May 24, 2007

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Below is a message about the California Attorney General reviewing the laws relating to medical marijuana dispensaries.  The AG is seeking input on this important topic, and I've prepared a draft letter on behalf of The Compassionate Coalition, which is attached below.

Additionally, you can check out the letter from Americans for Safe Access here: <a href="http://www.safeaccessnow.org/downloads/AG_Opinion_Comments.pdf" target="new">http://www.safeaccessnow.org/downloads/AG_Opinion_Comments.pdf</a

Thanks,
Nathan Sands
Sacramento Chapter Representative, National Communications Director 
The Compassionate Coalition
www.CompassionateCoalition.org
Email: nathan@CompassionateCoalition.org

---------------------------- Original Message ----------------------------
Subject: [northern-ca] AG WANTS to hear from YOU on MMJ
From:    "Eric V Heimstadt" <heimstadt@juno.com>
Date:    Mon, May 14, 2007 2:20 pm
To:      northern-ca@lists.safeaccessnow.org
--------------------------------------------------------------------------

On a POSITIVES NOTE -
Attorney General WANTS to hear from YOU on MMJ - on store front MMJ
operations et al. Are they legal et al.  Here are 5 questions that have been asked by Senator Sheila Kuehl.  I've included two (2) of the
responses as text below, please go over them as you may want to use them for your statements.  I know Internet e-mail arguing is "fun" - but here's a REAL chance to do something - right / write to the source. Yours, eric The Attorney General welcomes the views of interested persons concerning the legal issues raised in questions submitted below. See Views Solicited on Assigned Opinion Requests for details.  # 07-306 http://ag.ca.gov/opinions/monthly_report.php (about 3/4 down the page)

Requested By: Senator Sheila James Kuehl
Assigned To: Deputy Attorney General Marc J. Nolan
Question(s):

1) Is it possible for a store front medical marijuana dispensary to be
legally operated under the Compassionate Use Act of 1996 (Health & Saf.
Code, Â§ 11362.5) and the Medical Marijuana Program Act (Health & Saf.
Code, Â§Â§ 11362.7-11362.83)?
2) If the governing body of a city, city and county, or county approves an ordinance authorizing and regulating marijuana dispensaries to implement the Compassionate Use Act of 1996 and the Medical Marijuana Program Act, can an individual board or council member be found to be acting illegally and be subject to federal criminal charges, including aiding and abetting, or state criminal charges? 
3) If the governing body of a city, city and county, or county approves an ordinance authorizing and regulating marijuana dispensaries to implement the Compassionate Use Act of 1996 and the Medical Marijuana Program Act, and subsequently a particular dispensary is found to be violating state law regarding sales and trafficking of marijuana, could an elected official on the governing body be guilty of state criminal charges?
4) Does approval of such an ordinance open the jurisdictions themselves to civil or criminal liability?
5) Does the issuance of a business license involve any additional civil or criminal liability for a city or county and its elected governing body? The Attorney General welcomes and solicits the views of interested persons concerning the legal issues raised in any question submitted for an opinion. Comments must be provided in writing.

The earlier views are submitted, the more opportunity we will have to
consider them in the opinion drafting and review process. All views
submitted will be considered public records subject to disclosure under
the Public Records Act. To submit your written comment, contact the deputy attorney general whose name appears next to the item of interest in the list of pending opinion requests appearing on this web page: Deputy Attorney General Marc J. Nolan Marc.Nolan@doj.ca.gov
300 S. Spring Street
Los Angeles, CA 90013
Phone: (213) 897-2255
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Medical Marijuana Dispensaries Are Legal - Letters to the CA Attorney General - May 24, 2007

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