California Marijuana Dispensary Given Temporary Reprieve
By micro99 at 12 December, 2008, 6:53 pm
A California town has given the owner of a marijuana dispensary a temporary reprieve Thursday night after attempting to revoke her business license on the grounds that a city ordinance prohibits any business that violates local, state or federal law, according to the Lake County News.
Clearlake police chief said during last night’s meeting that the use of marijuana is prohibited by federal law and the way the Compassionate Use Act of 1996 is written is “bad law.”
But Bill McPike, attorney for Liz Byrd, owner of Lakeside Herbal Solutions, said that local police follow state law, not federal law, and cited an appellate court ruling that said local police should not enforce federal law.
Clearview is just one of a number of towns in California that have shut down dispensaries or changed local laws to prohibit their business.
Last month, the city council of Seal Beach, California voted to ban medical marijuana facilities in its city limits, becoming the ninth city in Orange County to place moratoriums on dispensaries.
According to the National Organization for the Reform of Marijuana Laws, the Compassionate Use Act allows patients who have a physician’s recommendation or approval to use, cultivate or possess marijuana for medical purposes without criminal penalties.
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