I am very flattered by the June 1 letter recognizing my efforts on behalf of medical marijuana patients by "hectoring the San Bernardino Board of Supervisors to draft an ordinance regulating the sale of medical marijuana." However I cannot take all the credit, as more than 30 other concerned citizens also hectored the board members for their inability to get a medical marijuana ordinance written as they said they would over a year ago. The letter writer should give credit where credit is due.
After San Bernardino County lost its case in May 2009 to have Proposition 215 declared unconstitutional by the U.S. Supreme Court, Supervisors Paul Biane and Josie Gonzales made statements supporting the development of an ordinance and patients participated in a number of meetings with the Sheriff's Department and the Planning Department.
Patients came to believe naively that San Bernardino County was earnestly engaged in drafting a medical marijuana collective ordinance.
They did not realize that they were being yanked around by a chain until February and it was only then that they started to approach the Board of Supervisors wanting to know why after eight months of secret meetings involving more than 20 county employees representing 10 difference agencies, there was no ordinance written or even one being written.
Unlike San Bernardino County - which is expending hundreds of thousands of dollars of taxpayer money with sheriff's deputies arresting and the District Attorney's Office prosecuting medical marijuana patients and providers - the County of Riverside has not been criminally going after anyone. Riverside County appears to recognize that the collectives are not doing anything criminal, but do claim they are violating various zoning ordinances - a civil offense, not a criminal offense.
The county and cities within Riverside have issued cease-and-desist orders and filed lawsuits seeking temporary restraining orders. This means the issues surrounding the legality of medical marijuana collectives will be settled in civil courts like civilized people.
The county is not resorting to the brute force of law enforcement which is what is occurring in San Bernardino County.
Patient advocate time is limited and we must choose our actions wisely. Where patients and providers are being arrested and prosecuted takes priority over court actions being argued by a gaggle of lawyers with patients sitting safely on the sidelines with their fingers crossed.
The June 1 letter said, "Lanny opened his own marijuana collective in Riverside. Lanny's business, presently with 5,000 paid-in members, is profitable " Although I did come up with the concept for utilizing a farmer's market distribution method for medicinal marijuana and I am a member of the Board of Directors, I do not own the collective, as it is a registered not-for-profit mutual benefit association.
More disturbing is the accusation that I am making a profit. I am sure the writer is aware that it is illegal for a collective to make a profit. A collective that did make a profit would no longer be afforded the protections of S.B. 420. As a consequence the operators would be guilty of possession with intent to sell and a host of other felonies.
I am shocked that The Sun would publish such a letter.
URL: http://www.mapinc.org/drugnews/v10/n441/a09.html
Source: San Bernardino Sun (CA)
Author: Lanny Swerdlow