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Orange County Sheriff’s Dept. Decides All Sales Of Marijuana Illegal

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police brutalityBy Steve Elliott of Toke of the Town

The Orange County Sheriff’s Department has announced it considers all sales of marijuana to be illegal — whether they are for profit or not, and whether they are for medical use or not, despite the fact that medicinal cannabis has been legal in California for 15 years.

In response to questions regarding a search warrant served on half-a-dozen collectives and more than a dozen other locations and persons on November 8, Sheriff’s Lt. David Doyle told Greggory Moore at the Long Beach Post that “the CUA and MMPA do not authorize sales of marijuana,” and therefore all cash-for-cannabis transactions are illegal.

The hardline position — at variance with both the California Attorney General’s guidelines (issued by then-AG Jerry Brown, now Governor) and with prevailing interpretations of the state’s medical marijuana law — appears to represent a new escalation in the medical marijuana battle in conservative Orange County, just south of Los Angeles.

Doyle provided details on the November 8 raids, reporting that a total of about $492,000 was stolen, I mean “seized,” in the various searches. No cash was seized from Belmont Shore Natural Center in Long Beach, but the collective’s entire cannabis inventory, along with a variety of bookkeeping paperwork was seized, along with a computer possibly containing confidential medical information on patients.

While no arrests have yet been made as a result of the “smash and grab” raids, the investigation centering around John Walker, whom the Sheriff’s Department claims is “a silent partner that heads … [a]criminal organization conspiring to illegally sell marijuana at several storefronts,” is ongoing.

In August 2008, then-Attorney General Jerry Brown released a set of guidelines based on his interpretation of the Compassionate Use Act (CUA) and the Medical Marijuana Program Act (MMPA), the legal foundations for California’s medical marijuana policies.

Brown says in those guidelines that “a property organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful under California law,” and that such dispensaries can include marijuana being “[a]llocated based on fees that are reasonably calculated to cover overhead costs and operating expenses.”

The Orange County Sheriff’s Department, meanwhile, claims that the collectives named in their warrant were selling pot for profit, and also (neener neener), even if they weren’t, they still broke the law.

Article From Toke of the Town and republished with special permission.

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  • Gimreefer

    someone shoot the mofo pig !

  • Bud

    This kind of crap is ridiculous, I’m so disappointed in these fools…

  • malcolm kyle

    An appeal to all Prohibitionists:

    Most of us are aware by now that individuals who use illegal drugs are going to get high, ‘no matter what.’ So why do you not prefer they acquire them in stores that check IDs and pay taxes? Gifting the market in narcotics to ruthless criminals, foreign terrorists and corrupt law enforcement officials is seriously compromising our future. If you remotely believe that people will one day quit using any of these ‘at present’ illegal drugs, then you are exhibiting a degree of naivety parallel only with those poor deluded wretches who voluntarily drank the poisoned Kool-Aid in Jonestown.

    Even if you cannot stand the thought of people using drugs, there is absolutely nothing you, or any government, can do to stop them. We have spent 40 years and over a trillion dollars on this dangerous farce. Practically everybody is now aware that Prohibition will not suddenly and miraculously start showing different results. So why do you wish to continue with a policy that has proven itself to be a poison in the veins of our once so proud & free nation? Do you actually think you may have something to lose If we were to start basing drug policy on science & logic instead of ignorance, hate and lies?

    Maybe you’re a police officer, a prison guard or a local politician. Possibly you’re scared of losing employment, overtime-pay, the many kick-backs and those regular fat bribes. But what good will any of that do you once our society has followed Mexico over the dystopian abyss of dismembered bodies, vats of acid and marauding thugs carrying gold-plated AK-47s with leopard-skinned gunstocks?

    Kindly allow us to forgo the next level of your sycophantic prohibition-engendered mayhem.

    Prohibition Prevents Regulation : Legalize, Regulate and Tax!

  • JOHN K

    I just hope this ASS gets sick like the rest of us who need it in the worst way!!!! Than he will see what it is like…WHAT COMES AROUND, GOES AROUND!!!!!!!!!!!!!!!!!!!!!!!!!

  • Charlie

    Malcolm that was one of the best
    Written statements I’ve read in awhile!!thankyou for your input!!

  • kathy

    so this man, this sheriff is really a King? I had no idea.

    I am so tired of all of this. It is absolutely ridiculous that anyone can tell anyone else what they can and cannot do with their sovereign body. what they can ingest or not. a plant you cannot ingest, only the sick drugs they pedal at Pharma from drug dealing doctors. may this man and his idiocy rot in hell.

    it is obvious he and his department and above take the drugs they steal and they sell them for profit and also, i am sure, ingest them.

    how ironic…

  • Cool Cass

    At some point they have realize we r going to continue to smoke and buy weed regardless. The police should focus their time and manpower on real crimes……They have to know marijuana will eventually be legal for everyone 18 n older to consume.

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