Feds Still Targeting Medical Marijuana Dispensary Profiled by Weekly

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Jay Brockman
In my dead-tree edition of the Bong Blotter this week, about the ongoing potpocalypse in Orange County, I quoted the wheelchair-bound medical marijuana activist Marla James about her difficulties in finding a location for her cannabis collective, Patient Med-Aid. Patient Med-Aid is a group of severely-ill patients I profiled last November in my story, "Sick Enough to Smoke."

After the feds targeted the club and others in Anaheim, James was able to re-open Patient Med-Aid in Sunset Beach. Then, the cops effectively shut it down by parking a police car in front of the club. James reopened the club but is already shutting it down again. ""We're working with the city to find a location in an industrial zone," James told me this week. "But I have to say it's a bitch to find a landlord who will rent to us."

Now I know why James is having such a hard time finding a landlord.

Yesterday, James' attorney, Matthew Pappas, provided me with an email exchange between him and U.S. attorney Greg Parham in which Parham states that he had contacted Patient Med-Aid's most recent landlord in Sunset Beach and threatened to seize the building. That threat came in the form of a March 13 letter.

Parham then followed up this month and demanded to know when the collective would be evicted. "She [the landlord] said that she had received our warning letter and had asked the tenant to leave," Parham says his the email. "I asked if she had any timeframe when the tenants were expected to be gone. She added that they were supposed to be gone by May 7, 2013, but have not vacated yet."

In response to Parham's email, Pappas congratulated Parham in his efforts to stymie a group of sick California residents from exercising their rights under state law. "Patient Med-Aid and Marla James are not the people you want to be targeting, Greg," he added.

In all fairness, though, it's no surprise Parham is going after Patient Med-Aid. After all, he's the same attorney who is going after Tony Jalali and his dentist wife, the couple that owns the building the DEA targeted over $37 in medical marijuana sales, causing even the judge in that case to question Parham's judgment.

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7 comments
JimGreig
JimGreig

If U.S. attorney Greg Parham has any plans to enter politics, remind him what happened to former US Attorney Dwight Holton.

paullucas714
paullucas714 topcommenter

www.browniemaryclub.org/Republican_Club.html

carl-olsen
carl-olsen

I'm complaining about this now, in the U.S. Supreme Court. But, I really need some states to file supporting briefs: http://www.gofundme.com/2y2cos

My attorney is Matthew Pappas, mentioned in the article.

carl-olsen
carl-olsen

State law in California says marijuana is medicine. The condition placed on federal schedule I by Congress is that schedule I substances must have no accepted medical use in treatment in the United States. Marijuana has accepted medical use in treatment in California. State officials must defend state law from federal intrusion on state authority unless Congress preempts state law. Congress did not preempt state medical marijuana laws, so the DEA must honor them. DEA is breaking the law, but California state officials are not doing anything about it.

paullucas714
paullucas714 topcommenter

 I think it would be a fruitful exercise to form an exploratory committee to study the prospect of filing a class action suit against the County of Orange to uphold their fiduciary duty in the implementation of Proposition 215 and SB 420.

  As I read the law, the Counties are tasked with the implementation of the MMPA program Via SB 420 and to issue the MMPA cards to California Residents who have a recommendation from their physicians to allow them to use cannabis without fear of prosecution from the District Attorney. Since the State Supreme Court ruled that city's may now forbid the establishment of storefront operations for the distribution of medical cannabis in a safe manner, it would fall upon the county to establish a manner in which the program may be implemented in a safe and sane and condoned manner in the eyes of the County by law of the sate and the statutes. 

 I here by suggest that this take the form of the permitting and licensing of these storefront operations to b e under the purview of the County in each city in Orange County, as well as the other 51 counties in the state of California  on a formula  based on a population density needs assessment.

For sake of example, one dispensary per 5000, or 7500 residents in a city to serve the population of medical marijuana patients. For example in a city of 100 thousand a floor of 20 dispensaries throughout the city would be sufficient to serve the need of the patients that are (in the eyes of the nanny staters) Potheads to the poi8nt that the net eexcess funds can pay for the overhead of the operation and provide for the supply of the "real Patients, ( in the yes of the nanny staters). 

In the spirit of proposition 215 and SB 420, to wit even the most ardent anti cannabis activist is in favor of allowing the most seriously ill safe access to medical cannabis but are irked by the site of seemingly healthy persons gaining cannabis for recreational purposes.

These County granted storefronts based on population size should be established and operated by the seriously ill patients that the compassionate use law was intended for so that the benefits would go to those to which the law was intended. 


I would like some feedback on this from the general public and cannabis community at large and feel free to contact me at your leisure about this scenario.


paullucas714
paullucas714 topcommenter

@carl-olsen Even worse, they cross deputize city and county LEO's to do the dirty work. And there in lies the greatest rub of all. To use local and state resources to attack a state legitimate organization at the behest of the Federal Government to enforce Federal Laws. This is a breach of fiduciary duty b local, county and state officials.

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