Long Beach City Prosecutor Doug Haubert, at podium. Photo courtesy of Doug Haubert.
UPDATE Friday, July 22, 3:22pm | Of the 50 criminal cases against medical marijuana dispensaries pending prosecution by the Long Beach City Prosecutor’s Office stemming from the city’s medical marijuana dispensary ordinance, a majority of them involve violations of two specific sections of the ordinance, City Prosecutor Doug Haubert said.
In an e-mail Friday, Haubert said that “while some cases may have a few additional issues, the consistent charges are LBMC 5.87.020 and 5.87.090(a).”
Long Beach Municipal Code Section 5.87.020 requires all medical marijuana collectives located within city limits to first obtain a city-issued permit before beginning their operations. The section specifically states:
No medical marijuana collective, management member or member shall carry on, maintain or conduct any medical marijuana collective-related operations in the city without first obtaining a medical marijuana collective permit from the Department of Financial Management.”
Haubert said that only a management member or member of a non-permitted collective can be criminally prosecuted under this section.
Long Beach Municipal Code Section 5.87.090(a) is rather broad. It prohibits both members of medical marijuana collectives as well as non-members from cultivating, possessing, distributing, exchanging or giving away marijuana for medical or non-medical purposes in any manner other than that which is outlined within the medical marijuana collective ordinance and any other applicable local or state laws. The section specifically states:
It is unlawful for any person to cause, permit or engage in the cultivation, possession, distribution, exchange or giving away of marijuana for medical or non-medical purposes except as provided in this chapter, and pursuant to any and all other applicable local and state law.
Violations of either of these two sections of the ordinance are considered misdemeanor offenses and are subject to punishment by a fine of up to $1,000, imprisonment for up to 12 months or both, according to the city’s ordinance.
To read the ordinance in its entirety, click here.
UPDATE Friday, July 22, 1:34pm | Long Beach City Prosecutor Doug Haubert in an e-mail Friday described as “somewhat significant” Wednesday’s Los Angeles Superior Court ruling that affirmed the city’s right to criminally prosecute violators of the city’s medical marijuana dispensary ordinance.
That’s because roughly six months ago, a different Los Angeles Superior Court judge ruled against a similar ordinance in the city of Los Angeles regulating medical marijuana collectives in that city. Based on that ruling, the city of Los Angeles was forced to rescind all criminal penalties in its med-pot ordinance.
“Obviously, criminal penalties are very important,” Haubert told the Long Beach Post.
“Dispensary owners are more worried about being arrested by the LBPD than sued in civil court by the city,” he continued.
Haubert said his office currently has about 50 pending criminal cases against various Long Beach dispensaries.
More to come …
Thursday, July 21, 9:15am | A Los Angeles Superior Court judge ruled Wednesday that the city’s ordinance regulating medical marijuana collectives is not preempted by state or federal law, meaning the city can prosecute operators of medical marijuana dispensaries who violate those regulations.
City Prosecutor Doug Haubert said that state law was never intended to allow large-scale sales of marijuana and was never intended to eliminate all local control.
“Operators who ignored notices from the city and continue to violate the law can and should be criminally prosecuted,” he said in a statement.
The motion heard by Judge Laura Laesecke was brought forth on the behalf of the defendants in 14 cases the city has prosecuted.
The ordinance was enacted by the City Council last year. It allows medical marijuana collectives to operate granted they have a city-issued permit. Operators of permitted collectives must pass a background check, and the dispensaries must be located outside if residential areas and away from schools, parks and other collectives. Penalties for violating the ordinance include up to one year in jail and a $1,000 fine per violation if convicted.
More to come …