LBPOST.com: Long Beach City Prosecutor Blasts Pot Dispensaries

Thursday, September 2, 2010

Long Beach City Prosecutor Blasts Pot Dispensaries

by Ryan ZumMallen | Long Beach News | 09.28.09 |

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As the City of Long Beach debates the merits of wading into the tricky waters of regulating and perhaps prosecuting dispensaries and other businesses that provide medical marijuana, City Prosecutor Tom Reeves issued an opinion-editorial to the LBPOST.com that essentially amounts to kicking in the door with guns blazing. Reeves directly relates dispensaries to "a drug dealer standing on a corner" and disputes the notion of the businesses as caregivers. The Long Beach City Council spent two hours at last week's meeting trying to discern the pros and cons of regulations dispensaries but made no decision. The City of Los Angeles last week was hit with a lawsuit based on a moratorium of over-the-counter medical marijuana sales.

Click here to read LBPOST.com columnist Greggory Moore's recent take on the issue of medical marijuana dispensaries in Long Beach.

The op-ed, as provided to us in full, is below:

Medical Dispensary or Dope Dealer?
by Tom Reeves
Long Beach City Prosecutor

When I write about a medical marijuana dispensary, I mean a store front or residence where the following transactions take place: A qualified patient goes to the dispensary counter; shows the operator his or her �doctor�s recommendation� for marijuana; signs a �caregiver� designation form; makes a �donation� equal to the marijuana �price�; and then leaves with the marijuana. I call this transaction an �over-the-counter� sale.

Now imagine a drug dealer standing on a corner � no store front � no countertop � just a backpack full of weed, a pocket full of money and a clip board with caregiver designation forms.

Now ask yourself - What�s the difference?

My answer � No Difference! They are both dope dealers.

�So how are dispensaries getting away with it?� � Well that takes some explaining.

First, let me try to explain how California can have �medical marijuana� when the feds outlaw marijuana (Federal Controlled Substances Act; 21 United States Code 811). The California Compassionate Use Act (CUA) didn�t legalize marijuana. It is still a felony to grow it or sell it. However, as a sovereign state, California can choose how it will enforce or apply its criminal laws. Under the CUA, patients and caregivers were given immunity for certain marijuana offenses.

Next, why did it take from 1996 till 2008 to come to the conclusion that medical marijuana dispensary operations are illegal? Well the 1996 implementation of the CUA created a patch work of conflicting local laws. It was so confused that in 2003 the Legislature passed the Medical Marijuana Program Act (MMPA) to �clarify� the CUA.

The MMPA created new issues because it allowed caregivers to be compensated for �actual expenses for services provided�. Now can you see why dispensary operators require patients to sign a form designing the dispensary their �caregiver�.

On November 24, 2008 the Supreme Court decided People v. Mentch and it dramatically changed the legal landscape for designating dispensaries as caregivers!

For example, a dispensary operator can now be charged with felony sales if an undercover investigator goes into a dispensary posing as a patient and engages in an �over-the-counter� sale. Before Mentch, a dispensary operator could point to the signed �caregiver designation� and get a jury instruction on immunity for caregivers. After Mentch that dispensary operator will have to prove:

That the dispensary operator consistently (over a period of time) engaged in activities relating to the undercover officer�s housing, health, or safety (caregiving); and

That the care provided to the undercover officer was more than just supplying marijuana; and

That the caregiver relationship with the undercover officer existed before the sale of marijuana.

Take a look at some of the newspaper ads that dispensaries are running. They are offering �free samples�, discount prices and free delivery. Come on in � sit right down � try the dope � dig the prices � free delivery! Now that�s just dope dealing not caregiving!

So ask yourself again, �Medical Dispensary or Dope Dealer?�

Click here to read Greggory Moore's column in response.

Disclosure: The LBPOST.com has sponsorship relationships with medical marijuana dispensaries.

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Comments

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62 Comments so far.

andrespereydadotcom
what a fool. marijuana, the unofficial dope (as opposed to cigarettes, the official dope), is not bad for society. this Tom Reeves needs to go to the park or something; go find a hobby or something. don't persecute your brothers and sisters who want to use a plant god made.

chillOut
Mr Tom Reeves needs to smoke some weed and relax, it's nothing to be afraid of. If he really wants to fix the problem he would advocate making "Dope" legal, since when you think about it the only true problems that come from smoking weed are due to it's current illegality. Did you know that it is impossible to overdose on Marijuana compared to aspirin which can kill a human with 12 pills. I am sure Mr Reeves has the best intentions, but like saying goes "the road to hell is paved with good intentions"

Michael Emling
Am I supposed to believe that Tom is smarter than the voters who passed the law and the doctors who write the prescriptions? You will have to get bAck to me on another day for that.

hayduke
Why do they call it "dope"? Because it makes you more intelligent? Drugs are for people who cant stand to be where they are. When the drug wears off, you are still there. Better to get to the root of the dissatisfaction.

Keith
Dope dealer? I think that the person who is up in arms about this uses the term "dope dealer" tells us everything we need to know. Alcohol was once illegal in this country. That gave rise to organized crime by making alcohol, which many many people wanted, illegal. Now "dope" is illegal. Illegal "dope" is the only reason there are any dangerous gangs in this country. That is their only source of income. And we have cavemen who get red faced about "dope" making life for the gangs possible. Gangs do not want legalized pot. GANGS DO NOT WANT LEGALIZED POT! And neither does Tom Reeves. It's good to see they're working together to save all of their jobs.

Reeverse
It's difficult to believe that this guy is a city leader. It sounds like this article was written by a 5th grader who clearly can't get his small mind around the big implications. It must be even more difficult for him to make up this story �' do you think this clown ever even went into a dispensary? Do the math: How many deaths per year on alcohol vs marijuana? Do the observations: Do dispensaries have their patrons yelling and screaming as they exit, as they do at bars? Do the patrons of dispensaries urinate on the neighbors' lawns, get in fist fights and cause all manner of ruckus? No. But because it's alcohol, that's OK. How stupid is that? Think about the city tax revenues that can be had and how you can get a pay raise from it, yeah? Don't be afraid. Think bigger than yourself, small man and ask yourself, 'What's the difference between a shyster and a city district attorney?'

Richard Steeb
Get over your cognitive dissonance Mister Reeves. The federal law is a damned lie. To keep cannabis illegal while tobacco and alcohol are dispensed freely is *MURDEROUSLY STUPID*. -Richard Steeb, San Jose California

Anonymous
What nonsense! Gee Tom, why don't you try prosecuting some real crime for a change rather than writing this stuff just to see your name in print. Your arrogance and narcissism come through loud and clear in this piece

Sander
The views expressed in this op/ed piece reflect a paradigm that's out of step with modern life. As a city, and as a nation, we need to recognize that, just like other pharmaceuticals, marijuana has both medical and non-medical uses, and can be abused. The state and federal laws will be revised, sooner than later, to reflect this shift, and then law enforcement agencies can spend their energies pursuing more productive public safety activities. Clearly, our City should find a more forward-looking and progressive City Prosecutor.

lbculture
The City Prosecutor's office, is in charge of prosecuting marijuana related crimes in Long Beach. By legalizing the substance, it would mean less funding for Mr. Reeves's office.

Anonymous
It is simply amazing that the voters of Long Beach keep electing this distasteful city official. He runs his office like a tyrant, and, so that all of you in Long Beach understand the impact of this, he is a City Prosecutor who has NEVER tried a criminal case to verdict. He will brag all day about his career as an Air Force JAG prosecutor but he has no criminal jury trial experience as a civilian. Time for you to retire and get a show like Rush Limbaugh or Glen Beck you right wing fascist

Rob
It's all about the money law enforcement agencies and the city makes off the the citizens for non violent, really non-offensive, so called moral crimes.

Kevin Kunkle
Oh Tom, When will you learn that you are fighting a losing battle?! Too many people enjoy the valueable and harmless benefits of smoking the green for you to ever put it down. You'd have to lock us all up, mothers, fathers, teachers, doctors, politicians, property owners, and every other type of hard working American. You site corrupt manipulative Federal Law as your arguement to shut down tax paying businesses in our city, for shame!! Where is your nerve, you are just a servent of the ignorant idividuals that intend to make criminals out of every citizen one way or another. This is why i will no longer participate in the republican central committee that I was elected to by the people, because it is full of uptight know-it-alls like you. I smoke pot everyday, and I work everyday, and am a single income provider for my two children and wife, I am also a community volunteer, oh and I grow pot!! Are you gonna have the cops come bust down my door, take my children from me and ruin my life? Are you sure that you are such a solid example of perfection that you are fit to judge every detail of mine and others lives? If you do send heat my way, would you support a doctors diagnosis for anti depresants for my wife and kids to help them through the emotional tramma of having their father taken away? Probably. But no pot right? You are wrong Tom and you will fail, along with your FED buddies. Keep bringing the heat, the guns, the APC's full of swat officers to fight peaceful people, we'll just keep working, paying taxes and smoking weed i guess.

John Greet
Mr. Reeves appears to be drawing a clear distinction between "dispensaries" (which are unlawful in California) and "Collectives" and "Co-Operatives" (which are not unlawful in California). He also made this distinction quite clear before the City's Economic Development and Finance Committee just last week. Further, in drawing this distinction Mr. Reeves appears to be in *full agreement* with both SB 215 and SB 420 as well as "People v. Mentch". Many who support Collectives and Co-ops accuse those who don't of knee-jerk reactionism on this topic yet commit the very same error where "dispensaries" are concerned. I think we would all be much better served to avoid the hyperbole and try to discuss this issue more dispassionately and with an eye toward the actual facts at hand. I think NORML's website explains this challenge best: "On careful examination, however, neither (SB 215 nor SB 420) provides a green light for sales of cannabis. Those *dispensaries* that are selling marijuana over the counter accordingly do so at the tolerance of local authorities."

High-Everyone
Let's be real, John: AMENDMENTS: Yes. Senate Bill 420, which was signed into law in October 2003 and took effect on January 1, 2004, imposes statewide guidelines outlining how much medicinal marijuana patients may grow and possess. Under the guidelines, qualified patients and/or their primary caregivers may possess no more than eight ounces of dried marijuana and/or six mature (or 12 immature) marijuana plants. However, S.B. 420 allows patients to possess larger amounts of marijuana when such quantities are recommended by a physician. The legislation also allows counties and municipalities to approve and/or maintain local ordinances permitting patients to possess larger quantities of medicinal pot than allowed under the new state guidelines. Senate Bill 420 also mandates the California Department of State Health Services to establish a voluntary medicinal marijuana patient registry, and issue identification cards to qualified patients. To date, however, no such registry has been established. Senate Bill 420 also grants implied legal protection to the state's medicinal marijuana dispensaries, stating, "Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients ... who associate within the state of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions." MEDICAL MARIJUANA STATUTES: California Compassionate Use Act 1996, (Act; Health & Saf. Code, § 11362.5, added by voter initiative, Prop. 215, Gen. Elec. (Nov. 5, 1996)). CONTACT INFORMATION: For more information on California's medical marijuana law, please contact: California NORML 2215-R Market Street #278 San Francisco, CA 94144 (415) 563-5858 www.canorml.org

LuvLB
OK all you Monday morning quarterbackers-how many of you (minus the stoners) would like one of these in your own neighborhood? It's just not about the substance itself, it's all the stuff that comes with it (loiterers, people panhandling or stealing to get money to pay for their dope, maybe even people attempting to resell it)...try to see the big picture people. It may not be the crime of the century but it sure opens the door for lot of quality-of-life issues that will invade your neighborhood.

John Greet
High-Everyone: All of your citations and other information is accurate and I commend you for doing your research but none of them address the topic Mr. Reeves is addressing in his Op-Ed, that being, as my quoation from NORML clearly specifies, the sales of cannabis. Dispensaries "sell Cannabis" and are in the expressed for-profit business the primary purpose of which is to do just that. This, as NORML clarifies, and which all current Federal, State and local legislation as well as case law supports, is patently unlawful. Period. None of the information you have offered refutes this. So, by all means, "High", let's be real here and stop trying to cloud the issue (so to speak).

Chemist Who Took a Gradua
The City Prosecuter should be working towards making the system workable under proper medical supervision not comparing it to criminal activity. What narcotic hasn't found its way into illegal distribution networks? Should we stop pharmacies from filling valid prescriptions for all narcotics? Should people be forced to suffer while the pharmaceutical industry continues its search for more effective alternatives to marijuana? Since the 1970s, scientists have debated the medicinal merits of marijuana. Despite all of the research, the fact remains that any single synthesized active ingredient or combination of several has not been as effective as the actual plant. Check out the October 1999 issue of Forsch Komplementarmed, 6 Suppl 3:12-5 for the pharmacological perspective: "It is now known that there are at least two types of cannabinoid receptors. These are CB1 receptors, present mainly on central and peripheral neurones, and CB2 receptors, present mainly on immune cells. Endogenous cannabinoid receptor agonists ('endocannabinoids') have also been identified. The discovery of this 'endogenous cannabinoid system' has led to the development of selective CB1 and CB2 receptor ligands and fueled renewed interest in the clinical potential of cannabinoids. Two cannabinoid CB1 receptor agonists are already used clinically, as antiemetics or as appetite stimulants. These are D 9 - tetrahydrocannabinol (THC) and nabilone. Other possible uses for CB1 receptor agonists include the suppression of muscle spasm/spasticity associated with multiple sclerosis or spinal cord injury, the relief of chronic pain and the management of glaucoma and bronchial asthma. CB1 receptor antagonists may also have clinical applications, e. g. as appetite suppressants and in the management of schizophrenia or disorders of cognition and memory. For the therapeutic potential of cannabis or CB1 receptor agonists to be fully exploited, it will be important to establish objectively and conclusively (a) whether these agents have efficacy against selected symptoms that is of clinical significance and, if so, whether the benefits outweigh the risks, (b) whether cannabis has therapeutic advantages over individual cannabinoids, (c) whether there is a need for additional drug treatments to manage any of the disorders against which cannabinoids are effective, and (d) whether it will be possible to develop drugs that have reduced psychotropic activity and yet retain the ability to act through CB1 receptors to produce their sought-after effects." Copyright 1999 S. Karger GmbH, Freiburg

Paul
This guy Reeves has got to have better things to occupy himself with. We as a society have wasted enough time and resources on interdicting the marijuana issue. For starters let's try decriminalization (not legalization), a strict no public smoking or DUI policy, only allow use in the home, sell only to 18+, and have the state grow, distribute and tax the finished product - no private cultivation. See how that goes for 5 years then revisit whether legalization is warranted. Politicians continually espouse their faith in the citizenry. Then have faith that our society can deal with this long overdue liberalization in a sensibly phased manner.

Dave
Yes, as a prosecutor, Tom Reeves knows the law. It is illegal to sell marijuana for profit. Only collectives and cooperatives can distribute marijuana and they must be composed of patients and caregivers. Reeves is showing that a caregiver must have an ongoing relationship with the patient. Now the cities have ample evidence that most dispensaries are operating illegally and the cities can shut them down. Furthermore, cities don't have to allow them in the first place as they can use zoning laws to restrict them. Cities and towns are getting tough on dispensaries because they are operating as drug sellers, mostly to young healthy people who are not really sick (only 2% of patients are those touted in the run up to 215 as needing to bypass federal law). So please address your comments to the law and court cases, and not to Tom Reeves who is only attempting to follow them.

Mike R
Drug warriors always make these suppositions / assumptions that are easily overlooked by readers. Like, marijuana is dope. Like, dope is bad. Therefor, marijuana is bad. Right? The guy on the street corner with the backpack full of pot is a dealer. Dealers are bad. Since the dispensary also sells pot, it is also bad. Right? Actually, I liken the dealer selling pot to a street-corner florist selling flowers. Who the hell cares what he's selling as long as it's not hurting anyone. People who work in criminal justice are always brainwashed by these faulty assumptions. They completely miss the arguement as to whether or not marijuana should be illegal in the first place. It makes sense though, since their entire existance depends on people being arrested, prosecuted and incarcerated.

iGanja
You are an idiot Mr. Reeves, as are all the over-zealous misinformed anti-marijuana "activists" who simply fall back on years of "anti-drug" brainwashing from our governments without thinking for themselves and forming their own logical conclusions based on FACTS, and not FDA propaganda or current administration agendas. How different is the selling of marijuana "over-the-counter" at a medical marijuana dispensary than selling hydrocodone or oxycontin "over-the-counter" at your local Walgreens pharmacy? NO DIFFERENT AT ALL! The prescription or recommendation is issued by a licensed doctor. The patient is merely having it filled by the ONLY means available. The argument that these dispensaries are advertising discounts or free samples to new customers is tantamount to Wallgreens advertising lower prices on their drugs; again, no difference. What is illegal in my mind are the added regulations and restrictions placed on the medical marijuana dispensaries ("pharmacies") that there must be some sort of pre-existing and long term relationship between the patient and the dispensary. WHY? For NO other reason that to make it more and more difficult for the dispensaries to operate, and to give anti-marijuana bureaucrats tools to go after them, period. There is NO similar requirement placed on Walgreens, in fact, I'd argue that if there were, there would be fewer pain-killer addicts shopping doctors and pharmacies to get their drugs. Drugs, by the way, that are 100 times more addictive and toxic to the human body and mind than marijuana yet prescribed at increasingly record numbers to patients by doctors who get incentives from the pharmaceutical companies to prescribe them. Can you say 'Drug Dealers' Mr. Reeves? Mr. Reeves, you are wasting your time fighting against something that WILL someday be as common place and acceptable as drinking. We are absolutely heading for controlled legalization of marijuana for anyone who wants it, same as alcohol. And just like stem-cell research, your right-winged, holier-than-thou, mentality only serves to delay the inevitable progress. If you don't like drinking, don't drink. If you don't want to destroy your body with pain-killers, then don't, and if you don't want to use marijuana, DON'T! And stop trying to tell others how to live their lives…

Malia
It amazes me that it has gotten to this point of allowance. But since we are here, I want to addresss the following: 1) By allowing these dispensaries to exist -even within limitations - someone or company needs to grow and provide selling marijuana to the dispensaries or they will be out of business. That defeats the whole purpose of outlawing them to begin with. It creates a whole set of manipulation, distortion and beating the system operation. 2) If the laws - CUA and MMPA were conflicting then, it's still conflicting now. To narrow it down to having to prove as in People vs. Mentch, I find the following discrepancies a)to relegate the actual and possible negative impacts to simply "measure of time" as a determining factor could be extremely difficult to prove in court. It becomes time measurement vs. actual. b) Isn't the whole objective of these dispensaries to exist is to provide Marijuana to patients? What other care is there? Isn't marijuana addictive and would it not subject the patient to become dependent on it. Isn't marijuana being provided as an alternative means to alleviate some kind of pain. C)How long should a relationship with the caregiver exist before the selling of the product. When a relationship has been established and the marijuana is sold, is it possible that a "crime" -misdemeanor or felony- could take place thereafter. Sorry, but the language is still ambiguous and it's lost in the translation. There is definitely not a distinction between "Medical Dispensary or Dope Dealer". Another perfect example of watered-down versions that we have been so accustomed to accepting.

no more reeves
Time to smoke Reeves out of office...this time, his mustache has gone too far...

Melinda
Folks, don't forget...the city prosecutor is an ELECTED official. The way to show him the error of his ways is to work tirelessly to keep him from being re-elected next year. Tom Reeves works for US, and it is our duty to FIRE him. Also, if you want to complain about what he's trying to do, call his office at 562-570-5600, or e-mail him at prosecutor@longbeach.gov. Flood his office so that he's reminded that WE THE PEOPLE are his bosses, and we don't approve of his nonsense.

fred
I hope you are all writing directly to Mr. Reeves. He probably won't be seeing these comments. But he will if we send them to him. Be active !

fred
Thanks for the info, Melinda !

chrissy
Amazing! Another poorly written article! Hello city of Long Beach! Get this guy off the PAYROLL NOW!!!! So many other serious issues in our city! Is there a shopping mall that I feel safe walking around in? NO! Well there is no POT shops in these places! Do I feel safe to go to the civic center for business reasons NO!!!!! I swear 90% of Long Beach is like living in the slums! Hell My street we had a drug operation going on for years, all of the people on the street beat on the police, the city to do something about this house it wasn't POT either! I live in one of the last nice areas of Long Beach! Reeves! One day in your life you will end up so ill and in chronic pain from something or a family member will. And you will find that the only help you get after years and years of hell will be from POT! Maybe one day you will snap from all of the people that may have gone to prison under your rule and become so depressed no medication will help you but pot! Are you going to read this. Doubtful! Do something about the gangs! Read the law as it is written! You are not above the law that the people voted in! You serve the public! We the people of California voted this law in! People need help, and a natural plant that has so many good benefits from it, needs to be left alone. Do something about the cigars, if you want a quest. Cigars are so dangerous to your health, Oh I bet you smoke a few of those right. How about going home from a hell day at work and having a few drinks. Yeah! I bet you never do that do you. So it is legal! Alcohol KILLS! As Cigars KILL! POT has not been found to cause cancer! Dude you have a problem. Chemist posted a comment on here that is hard clinical facts. So most of us in California are sick of the way things are going and on a recall for the GOV! You need to be on the RECALL list! Like a defective car! I would bet if we joined together as a collective we could get you out of that 6 figure job you have. It wouldn't take much! As the people of Long Beach can control who is in what office! And you are headed down the drain. RECALL RECALL RECALL Get out now resign. Oh and I might add, proof read your articles before you publish them. DO I SMOKE POT? NO! But I stand for a right for people to have alternative effective treatments when they are sick! I have watched many of my family die from cancer! Horrible deaths. Going through Chemo just trying to get a few more years of life, and POT! Was the only dam thing that would make them feel better! Oh I am so angry that my tax dollars are being spent on some conservative person that has nothing better to do. The POT shops are not the root of the problem in this city! Maybe you are! How many free from prison child molestation jerks do I have that live within 5 miles of my house? More than 10! You want a hobby, get these creeps out of my city! Work on real criminal behaviors! Go on a campaign to get business back into Long Beach, so we have jobs again. Change you job. Your passion is a crime in its own little world. More citizens of this city are against your opinion. In a true democracy world majority should win! So listen to those of us that responded to this article! GET A LIFE! DONT WASTE MY TAX DOLLARS ON A STING TO BUST POT SHOPS!!!!!!! If I could figure out a legal way t never pay a penny of taxes to Long Beach ever again, just knowing my money is feeding your activity I would STOP! A resident of this city for over 20 years! You have made no positive changes to this city. Mr. Prosecutor!!!!!

3jinbfa
End Prohibition! Legalize Now! Pharmacies regularly engage in over-the-counter drug deals. The type of relationship outlined for dispensaries does not exist for pharmacies and patients with prescriptions for pills: That the pharmacy operator consistently (over a period of time) engaged in activities relating to the client's housing, health, or safety (caregiving); and That the care provided to the client was more than just supplying drugs; and That the caregiver relationship with the client existed before the sale of drugs. Law makers and those who enforce the laws are completely out of touch with reality. Pot smokers are not going away. Pot is not going away. It is going to be legalized and we're ALL GOING TO SMOKE POT LEGALLY WHENEVER WE WANT. HA! HA! HA!!!

CHARLIE
Oh hell, Tom just needs to look like he's busy saving all us sinners out here smoking pot; You know, it makes him feel better for the pay check he gets from us tax paying citizens out here that like to smoke while drinking their 18 year old Haig & Haig Pinch Bottle or 12 year old Chivas Regal while watching the Fighting Iresh put a couple Hail Mary's on some opposing team. :>)

Paul
To all of those who say it is 'harmless,' you need to realize where and what you would be without it. I have seen 40 year olds that have a brain and social skills of a Junior High kid. Stunted in other words. Stupid and stoned. Bad for the lungs too. So yes it is harmful, and a bad habit. Yes, it should be given for some medical conditions, but not for the sake of just being "stoned" all of the time. BTW this is a big problem at the Port. How many stoned heavy equipment operators are there? Recall those two loaded rail engineers that killed several passengers back East years back? That changed the whole rail industry but many others still lag behind in drug testing.

Capster
I must say I am impressed - never have I seen anywhere near this much commentary on any other article in the LBPost! Thanks for all of the points of view and educational comments and resources. While Mr. Reeves may have some slight validity to his concerns, there are SO many more serious problems facing our fair city in these trying times, he has lost any respect I may have had for him for spending an ounce of energy on this subject. I'm with those in favor of voting him cleanly out of office next election!

Einstein
Tom Reeves enjoy your last term as the Long Beach City Prosecutor. Moron...

Mike
They are Dope Dealers...I voted for "Medical" Pot on humanitarian issues thinking that terminally ill patients would benifit...but this is way out of control...my 19 year old son got a "Rx" and started supplying his friends until I put a stop to it...let's be real here... if you want to legalize it- that is not what people voted for- ans what we have is not what we voted for

Ted Warkentin
Mr. Reeves says he doesn't have an issue with collectives, and just doesn't want to see marijuana "sold over the counter." I'm fortunate to belong to just such a collective. Fortunate, because I don't have the resources or the space to grow my medicine at home. Fortunate, because if Mr. Reeves raids all the dispensaries and locks up all the pot dealers, too......I'll still have medicine. Not everyone is as fortunate as I am. Most of my friends have HIV, I know several with chronic pain. I know many people suffering from anxiety. Most of these people use marijuana from a dispensary. Our collective doesn't have the capacity to add members, and most people don't have space, money, or experience to grow their own medicine. Does he expect every medical marijuana user to grow their own medicine? Californians didn't vote for compassionate marijuana use only if the patient is capable of investing thousands of dollars, and countless hours of physical labor before being able to use their medicine. Mr. Reeves ought to get in tune with the spirit of the law that his constituents voted for.....or quit asking Californians for a job!

Shana Starr
There have never been any deaths caused by marijuana. I have been suffering from symptoms due to Menopause. When my doctor put me on hormones I felt like I was going crazy. I felt like I was living in another body. I was very irritable and depressed. A friend of a friend suggested I try marijuana. It helped me so much that I could not believe it. I had always heard so many negative comments from people saying it was like heroin, and a hard drug. PRESCRIPTION DRUGS are HARD DRUGS! Marijuana used to be legal in this country. So we need to re-legalize marijuana. I have lost many loved one's to cancer and AIDS. If not for the medicine that marijuana supplies they would have felt so sick and nausea, and throwing up. Instead they felt good and could even eat a meal. There are so many ways marijuana helps people I could go on and on!

Maggie
If alcoholic beverages and cigarettes are legal, there is no reason for marijuana to be illegal. Further, it will be good for the economy. Tax it. Regulate it. De-criminalize it. Mr Reeves has been out of touch for quite some time. It's time to get a City Attorney that is more in tune with the times.

Michael
This is all about the people Reeves perceives to be using pot. As soon as Reeves learns how many people are using pot in Naples, he'll shut up.

Ralph Givens
Long Beach City Prosecutor Tom Reeves uses the usual inane justifications for enforcing marijuana laws based on racist lies�' "Marihuana influences Negroes to look at white people in the eye, step on white men's shadows and look at a white woman twice." (Hearst newspapers nationwide, 1934) "There are 100,000 total marijuana smokers in the U.S., and most are Negroes, Hispanics, Filipinos and entertainers. Their Satanic music, jazz and swing, result from marijuana use. This marijuana can cause white women to seek sexual relations with Negroes, entertainers and any others." "...the primary reason to outlaw marijuana is its effect on the degenerate races" - Federal Bureau of Narcotics Director Harry J. Anslinger, 1930 "Marijuana is an addictive drug which produces in its users insanity, criminality and death." "Marijuana is the most violence-causing drug in the history of mankind." "[Smoking] one [marihuana] cigarette might develop a homicidal mania, probably to kill his brother." (see US Government Propaganda To Outlaw Marijuana - http://www.druglibrary.org/schaffer/hemp/taxact/t3.htm) Why Mr Reeves is so enthused with throwing people in prison for a victimless "crime" is the real question. Indeed what is a "marijuana crime?" Where is the harm that demands retribution? Reeves is an immoral jerk who is ready to ignore real crimes to throw pot suppliers into prison.

Kevin
Mr. Reeves was elected as a city prosecutor, not a moral compass. Regardless of your beliefs Sir, its YOUR JOB to FALLOW the law NOT INTERPRET it. No one hired you as a judge. There can only be one Judge Judy and you are no judge Judy. Let's say I know a dealer that sells LSD outside my office. People come to him, give him money and he gives them what they want. It's still a powerful drug, people will die if they do not use it correctly. Now by some loophole in the law, he is allowed go indoors and operate legally as long as he and pays taxes. He may even advertise in the local paper and offer deals like 2 for 1. Is he still a Dope Dealer? By your definition, Yes. Now replace the word LSD with Alcohol, the word Dealer with Bartender and let me know when you will be going after them. There has got to be hundreds of bars in this town. While you are at it, can you stop those party busses coming from 2nd street bars down Ocean Blvd with people screaming at the top of their lungs while completely inebriated. Isn't being drunk in public a crime? Maybe you haven't noticed since you are so busy writing articles. I know it's a stretch, they drive one block from the police station and right past Modica's Deli where all the cops do lunch.

John Greet
Chemist: Much like "High-Everyone", you're making arguing a point not currently at issue. The City Prosecutor can only work with the statutory and case laws that exist. He cannot craft law to suit himself or anyone else. Nor can he change existing laws to suit the political preferences of the Mayor or Council. This is but one reason why the City Prosecutor doesn't answer to any other local elected officials - he answers directly to the electorate. The source of this challenge remains at the federal level and the fact that marijuana has been, and remains, on the wrong Drug Schedule. Fix that, and all of the rest falls into place quite nicely.

John Greet:
Mike R: You said: "Who the hell cares what (the "pot dealer" is) selling as long as it's not hurting anyone." The City Prosecutor *has to* care because, as an officer of the Court, he is required to respect and uphold the laws (including those that currently control the cultivation, sale, possession, distribution and use of marijuana) and to prosecute all adult misdemeanor crimes committed in the city. You said: "People who work in criminal justice are always brainwashed by these faulty assumptions. They completely miss the arguement as to whether or not marijuana should be illegal in the first place." But understanding and adhering to the law is not a "faulty assumption" and no one who tries to do so is "brainwashed". Lest you and others forget, we are, quite rightly, a nation of laws. When a law proves improper or unjust or outdated - as many other laws have proven and as I personally belive this one to be, then it is our duty to amend or to overturn that law, not simply pass other subservient laws that conflict with it. Advocating that marijuana should be legalized and adhering to the current laws that control it are not mutually exclusive positions. "Dispensaries" are unlawful. Attempting to allow but regulate "Dispensaries" must therefore also be viewed to be unlawful.

makessensetome
For all of you idiots who are too high to comprehend this article. Federal Law - Illegal to grow/sell Marijuana California Law - gives immunity from state prosecution to patients and caregivers. This article is addressing the storefront dispensaries which sell marijuana by having the buyer sign a caregiver form. What the Mentch case makes clear is that to be an actual caregiver (and thus given immunity from prosecution) the dispensary would have to show that there was a previous caregiver relationship between the dispensary and the buyer other than for the sale of marijuana. As it is quite clear that these requirements are not met, the storefront dispensaries are acting outside the California law and thus are not immune from being prosecuted for the illegal sale of marijuana. This article has nothing to do with whether marijuana is harmful or should be decriminalized. Those who feel passionate about this issue should take it up with their congressional representatives. The job of the city prosecutor is to uphold and enforce the law. He does not make the law and should not be harassed by any of you for doing his elected duty. Mr. Moore's response is one of the most illogical and irresponsible articles I have read on this site. In his attempt at logic, he actually got it right. The caregivers who provide medical marijuana are still committing a felony under federal law. However, California law gives them immunity from state prosecution.

Innocent bystander
Two things: I know of people who are getting medical marijuana for recreastional purposes and to resell. I also know people who are using it effectively for relief of pain and symptoms (and have been able to go off other medications in the process). I think we ought to just make it legal. If Mr. Reeves doesn't want to use it he need not. The sooner this gets to the Supreme Court the better.

chrissy
One thing I forgot to add on my previous post regarding this subject, Mr. Reeves said "However, as a sovereign state. By the way if we are a sovereign state, then I would like my tax exemption card for showing I am not required to pay Federal Taxes. I think my Reeves thinks the city of Long Beach is a sovereign City. The person that posted about her kid buying and selling. Well lets see age 19. Legally an adult. So adults do as they wish. If your child turned into a drug dealer, then I would gather that other parenting problems existed. Seeing well dressed (kids) that are 20 yrs old standing in line, you are assuming why they are there. The point to this whole thing is, for decades people have smoked pot. For decades to come people will still smoke pot, even if the legal methods of purchasing the pot go away, however I doubt that it will happen any time soon. I take meds to control depression and ADHD, well lets see I have a legal prescription for basically meth and my insurance company pays for most of it. So does that make me a drug addict. Probably in the anti drug minded people you would say yes. Am I high. No. Without the med I do not function. I take meds for my anxiety that are like valium, legally am I loaded on the meds NO! I am an engineer! I have a degree! Several to be exact. My DR has suggested that I try Pot to help with my disorders. So people unless you have a problem with health, or even mental health never ever be critical of others that use any medication. One day you may need to use POT to help you. So if the dispensary locations get shut down, the people that need POT to feel better will have no choice but to go in hiding again. Are there people that abuse this? Oh I am sure. Just as there are people that abuse everything else they get a hold of. Personally I would like to see more people held accountable for drinking. It will never happen. But hey if you are an alcoholic you can qualify for SSDI early in your life. so my comments will always be the same on this issue. I am sick of the stings in Long Beach that do nothing other than create problems. I am sick of the real crime not being dealt with. I am just sick and tired of Long Beach in general. So come on election I can't wait to vote this right winged, conservative over paid person out of office. I still say a recall should happen now, before he does any more damage. GOOD BYE MR REEVES!

Bliss
Give me a break Mr. Tom Reeves. Comparing the store to a corner dealer is ridiculous. The regulated store won't be serving crack or that medical marijuana to children. I really doubt the corner dealer cares much about that. In fact, your corner dealer may have some heroin in his backpack for your kid.

Concerned Parent
It sounds like Mr. Reeves is simply trying to apply the law as it is written. Medical patients in CA are immune from prosecution under certain conditions, as are their care givers. It sounds like some non-care-givers are trying to piggyback on that immunity; it sounds like Mr. Reeves is trying to separate the merely profit-oriented dispensaries from the legitimate caregivers. If CA wants to permit profit-oriented dispensaries that AREN'T caregivers, there are some signature drives underway to help accomplish that goal. Support those drives AND support the current law; don't let a few infected with the love of money put a blot on a good medical program.

The "Ts"
An internet search will reveal that these so called "dispensaries" are all over the Bixby Knolls area and all kinds of people can be seen visiting them. Many of these establishments are on bus routes that high school students frequent; others are in close proximity to middle and elementary schools. These operations need to be better regulated with greater oversight for public safety.

sara_h
For an intelligent, balanced discussion on cannabis clinics, try this: Why do cannabis clubs (aka aka clinics or dispensaries) exist? http://medicalmarijuana.procon.org/viewanswers.asp?questionID=000320

not a lawyer
1. Everyone keeps talking about the problems that come with these storefronts. I have several within a few blocks of my house and I havent seen any of these problems. In fact, I rarely see anyone or anything at all around the storefronts. Bars, on the other hand, are a constant problem, with drunks being belligerent, cigarette smoking in front, loud noise, etc. 2. Dispensaries are not illegal because they have no legal definition! Please, someone - Mr Greet, Mr Reeves, anyone - point out to me where the word "dispensary" appears in California law regarding marijuana. Lemme save you the time: It doesn't. 3. This is from people v Northcutt, which originated here in Long Beach!: "“The cultivation or possession for sale of marijuana is not unlawful when the acts of a defendant, a primary caregiver, **or** qualified patient are authorized by law for compassionate use. The cultivation or possession for sale of marijuana is lawful (1) where its medical use is deemed appropriate and has been recommended or approved, orally or in writing, by a physician; (2) the physician has determined that the person‟s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief; and (3) the marijuana cultivated or possessed for sale was for the personal medical use of the patient, primary caregiver, or qualified patient" So selling marijuana IS protected, if the sale is between two qualified patients who are members of a collective, or between a QP and a real caretaker. 4. Walgreens DOES abide by the same rule: No one can pick up your prescription for you if it is a narcotic, just as no one can possess marijuana for you, unless, in either case, you have a qualified caretaker. EDUCATE YOU BEFORE YOU PONTIFICATE, YOU!

kjonyou
Tom Reeves makes the argument that dispensaries are not caregivers since there is no previous relationship. My question is how does he actually know what my relationship is to someone? When I go to Rite Aid, I get prescription drugs from a complete stranger. Technically the Pharmacist is dispensing controlled substances to his or her patients. According to Mr. Reeves I could argue the same thing. Since the Pharmacist doesn't know me and selling me controlled substances, he must be a dope dealer. There is no difference between a pharmacy and a dispensary, they both require notes from a real doctor.

John Greet
kjonyou: Mr Reeves has not made the argument you allege. He simply explains the decision in Mentch that applied the requirements: That the dispensary operator consistently (over a period of time) engages in activities relating to the patient's housing, health, or safety (caregiving); -and- That the care provided to the patient is more than just supplying marijuana; -and- That the caregiver relationship with the patient existed before the sale of marijuana. Your pharmacist analogy is inapt because the person receiving the prescription is not a patient of the pharmacist but, rather, of the licensed medical professional prescribing the drug to be received at the pharmacy. There exist *many* differences between a medpot dispensary and a pharmacy but the biggest one is that the pharmacy is licensed by the State to dispense prescription drugs, while the medpot dispensary is not. As long as marijuana remains on Schedule 1, the State will never license medpot dispensaries because, by law, it cannot do so.

KaRi
Visit the 420 section on ThePrimeSpot.com

Johnny Maorz
Medical Pot advocates are finished. The dispensaries are increasing crime while not providing one dime in tax revenue to the California taxpayers. The pot is selling for incredibly high prices and only benefiting drug dealers cashing in on the lack of effective enforcement. The day CA mandates that purchasers show an I.D. and sign a statement attesting to their knowledge that purchase for illegal use is a felony it is over, just like the meth-heads buying ephedrine pills. Precedents set during prohibition will not allow the State to create or protect the dollar value of a federally illegal drug, the State cannot profit from crime and the feds will shut this down. That's the end of the discussion, medical pot dispensaries are abused so people can use illegal drugs and everyone in the country knows it.

John Greet
Johnny Maorz: It may well be as you say and the entire idea of effectively regulating medpot Co-ops and Collectives is a bad one that can never succeed. I happen to disagree. Marijuana clearly has legitimate medical uses, or so say many professional and legitimate medical experts and organizations, not to mention the thousands of patients who are greatly assisted through its use. The volume of clinical research to support this belief is large and growing daily. At some point in the not too distant future I feel certain that marijuana will be placed upon a different federal drug Schedule, one that allows it to be prescribed by licensed medical professionals. When that happens we will no longer see this constant tension and confusion between federal law and State/local law on this matter. More importantly, *until* that happens the tension and the confusion will persist.

Craig
Johnny, the facts just don’t support your view. Possession of 1oz of marijuana was reduced from a felony to a misdemeanor back in the 70s and that had nothing to do with medical use. If you fast forward to today, the trend has always been towards legalization not criminalization. It has never gone the other way in this state for the last 30 years including the passage of prop 215 in 1996 and SB 420 passed in 2003, always an expansion of rights. Even our current Governor has said its time to talk about decriminalization… and he is a conservative republican. You are also wrong about taxes. Oakland voters approved 1.8 percent tax on top of sales tax for dispensaries which will bring their city an estimate of 294,000 in 2010. Rational people realize that Alcohol, tobacco, marijuana and caffeine are all drugs. Abuse of any are not good for you. Alcohol causes far more problems than anything else on that list including: violence, alcholism and death! To randomly pick one from that list and classify it as evil just because it is currently illegal, while we as a society we enjoy a stronger drug recreationally called alcohol, is just plain stupid. It may take 5, 10 or 20 years but some day it will be legal. The state and cities just need to figure out how to regulate it just like we have liquor license, liquor stores and bars. I hate to burst your bubble but times have changed and your clinging to false and misguided propaganda of the past.

Jack
I don't use pot myself, but I don't see the harm, and I like the idea that dope dealers and gangs are put out of business by medical marijuana sales. I'd like to see more drugs made legal. (And, no, I don't use any drugs, and I don't even drink.) Let the people be free, that's my motto. I think Tom Reeves, as a politician, sees a way to hand out big fines to those people he "busts" for pot possession and sales. It's all business it seems. But on another note, why are we still debating this pot issue? Didn't we vote on the matter? Isn't medical marijuana legal by our vote? And if so, then why is Reeves saying what he is saying? And by Reeves making things difficult for the legitimate dispensaries, this makes things more profitable for punks on the street to deal pot... I wish that marijuana was just made totally legal. But I also wonder about federal law preempting state law here. Does anyone know anything about that? Would be nice to see some comments.

MRpede
Maybe Tom Reeves didnt get the memo. Acording to the AP 10/18/09 the Obama admin has just issued this statment: "prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state laws."

Mr.X
HMM Mike you wrote a comment bout your 19 yr old son buying at dispenceries and selling 2 his frnds. Well that's like being 21 and getting alcohol for minors its not the dispenceries fault another adult made his mind 2 commit a crime by reselling, that happens everyday with alcohol, prescription drugs, etc. So why blast collectives for something the American ppl been doing for decades. Get this FOOL Tom Reeves out of the office now.

vlgonzales
If these clinics are so beneficial, then why is the City of Los Angeles having so many problems? The situation is so bad L.A. is trying to prevent more clinics from opening. If you want to be a pothead that's your choice, but it is not in the best interest of society to allow it.

VET
This is absolutely ridiculous. A cigarette company can sell tobacco even though it destroys us, our youth and our elderly. No one has ever died from smoking pot (if you have proof I would like to see it). People call marijuana the 'gate way drug', the only reason why this is the gateway drug is because when people consume it and nothing bad happens to them then all of the negative things said about it are forgotten. People start thinking, well if they said pot was bad and its not, let me try this. I have a GREAT job, I am proud father and I am disabled veteran. Its funny, I get hurt overseas and when I come home they want to kill me softly with medication pills that are going to destroy my organs. I would rather consume marijuana to deal with my day to day pain than kill my internal organs with prescription pills. Marijuana also has many more uses as well that could generate great profit for our state.

DreamSmoker
This is the same ploy used by other City officials to subvert State law on this issue.. This example used is ridiculous. Real MMJ Patients have a real Doctors recommendation from a real Doctor. Most Dispensaries are trying to follow the State Guidelines which happen to contradict the Federal law. Now opposing officials are now using this as a tool to subvert the States laws and remove access entirely.. No consideration for the real MMJ Patient and providing easy and (SAFE) access to their life saving medication..

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