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Santa Fe Springs cracks down on medical marijuana dispensaries

Santa Fe Springs cracks down on medical marijuana dispensaries

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Published by SGVNews
Nineteen marijuana dispensary owners in Sante Fe Springs receive cease and desist orders from law enforcement.
Nineteen marijuana dispensary owners in Sante Fe Springs receive cease and desist orders from law enforcement.

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Categories:Types, Letters
Published by: SGVNews on Aug 22, 2011
Copyright:Attribution Non-commercial

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02/25/2015

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 July 29, 2011(Marijuana Collective) (Property Owner)(Collective Owner/Manager) (Property Manager)This is a Cease and Desist letter that explains the legal status of medical marijuanadispensaries in the City of Santa Fe Springs, orders abatement of the dispensaries in areasonable time, and explains what will happen if the dispensaries do not in the requiredtime either cease operation or relocate to another jurisdiction where they are allowed.This Cease and Desist letter includes an analysis of:Medical marijuana from the standpoint of the United States government, particularlythe Drug Enforcement Administration and the Department of Justice,Medical marijuana in the State of California,Medical marijuana in the California local government zoning context, andMedical marijuana under the City of Santa Fe Springs zoning law.It includes an order to stop all medical marijuana dispensary activities by September 26,2011 and notice that enforcement activities, if required, will be directed at both theproperty owners who are violating the law and the dispensary operators and management.This is serious; it is not an exercise. The City of Santa Fe Springs has specific anti-drugprovisions in its municipal code. Under the California Government Code, land useactivities cannot take place within a city unless that city authorizes that use. And any use
 
of land or structures within a land use zone must be in accord with its State-mandatedGeneral Plan. Santa Fe Springs has a General Plan that is fully compliant with State law.Santa Fe Springs has never authorized medical marijuana uses in any zone within itsboundaries. Neither California’s Compassionate Use Act of 1996 nor the MedicalMarijuana Program Act, Cal. Health & Safety Code §11362.7 and following, overruledlocal land use zoning authority.If you are a medical marijuana landlord with a lease that requires your tenants to complywith the law, this Cease and Desist letter clarifies that your medical marijuana tenant isviolating the law.
M
EDICAL
M
ARIJUANA IS A
P
ROHIBITED
D
RUG
U
NDER
F
EDERAL
L
AW
 
Under 21 United States Code §812, marijuana is a Schedule I controlled substance, thepossession and use of which is illegal. Schedule I substances have been determined bythe United States Congress to have a high potential for abuse, to have no currentlyaccepted medical use in treatment in the United States, and to lack accepted safety for useof the drug under medical supervision.On June 21, 2011, Drug Enforcement Administration Administrator Michele Leonhart, ina letter to a Mr. Kennedy of the Coalition For Rescheduling Cannabis, denied a petitionto remove marijuana from Schedule I and place it on a different schedule. DEAAdministrator Leonhart’s letter of denial stated, in part:In accordance with the Controlled Substances Act rescheduling provisions,after gathering the necessary data, DEA requested a scientific and medicalevaluation and scheduling recommendation from the Department of Healthand Human Services (DHHS). DHHS concluded that marijuana has a highpotential for abuse, has no accepted medical use in the United States, andlacks an acceptable level of safety for use even under medical supervision.Therefore, DHHS recommended that marijuana remain in schedule I.In short, marijuana continues to meet the criteria for schedule I control underthe CSA because:1)
 Marijuana has a high potential for abuse.
The DHHS evaluation and theadditional data gathered by DEA show that marijuana has a high potential forabuse.
 
 2)
 Marijuana has no currently accepted medical use in treatment in theUnited States.
According to established case law, marijuana has no “currentlyaccepted medical use” because: the drug’s chemistry is not known andreproducible; there are no adequate safety studies; there are no adequate andwell-controlled studies proving efficacy; the drug is not accepted by qualifiedexperts; and the scientific evidence is not widely available.3)
 Marijuana lacks accepted safety for use under medical supervision
. Atpresent, there are no U.S. Food and Drug Administration (FDA)-approvedmarijuana products, nor is marijuana under a New Drug Application (NDA)evaluation at the FDA for any indication. Marijuana does not have a currentlyaccepted medical use in treatment in the United States or a currently acceptedmedical use with severe restrictions. At this time, the known risks of marijuana use have not been shown to be outweighed by specific benefits inwell-controlled clinical trials that scientifically evaluate safety and efficacy.You also argued that cannabis has a dependence liability that is lower thanschedule I or II drugs. Findings as to the physical or psychologicaldependence of a drug are only one of eight factors to be considered. Asdiscussed further in the attached documents, DHHS states that long-term,regular use of marijuana can lead to physical dependence and withdrawalfollowing discontinuation as well as psychic addiction or dependence….Your petition is, therefore, hereby denied.The detailed attachments to Administrator Leonhart’s letter may be viewed athttp://tinyurl.com/63hljw7.Regarding federal enforcement of the Controlled Substances Act, in a June 29, 2011memorandum to United States Attorneys, Deputy Attorney General James Cole stated:“Persons who are in the business of cultivating, selling, or distributingmarijuana, and those who knowingly facilitate such activities, are in violationof the Controlled Substances Act, regardless of state law. Consistent with theresource constraints and the discretion you may exercise in your district, such

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