[420 Girl]

A medical marijuana dispensary collective, seeking to set up shop in Dana Point, contacted the city earlier this summer requesting that the council consider changing existing zoning codes—which currently do not allow for the legal operation of such businesses—to legalize the operation of medical marijuana dispensaries within the city.

Under law, in order to possess marijuana for legal distribution, dispensaries must be in compliance with Prop. 215, the Compassionate Use Act and also with the Medical Marijuana Program Act—both legally adopted by the state of California.

These laws require medical marijuana businesses—calling themselves dispensaries—to, among other requirements, function as the primary caregiver for patients with a serious medical condition and be operating as a registered cooperative or collective—a member-based organization—and to not be profiting from the sale of marijuana.

“The city’s first step in response to this request was the initiation of an investigation into whether the dispensaries operating within the city are in compliance with Prop. 215 and the Medical Marijuana Program Act,” said Dana Point City Attorney Patrick Muñoz. “The investigation is related to a request it received from an entity that wants to open a medical marijuana dispensary and specifically have asked city council to consider changing its zoning laws to allow this type of use. As part of its analysis of that request, council is investing whether the existing five dispensaries are conducting themselves in a manner consistent with the law.”

On September 21 the existing dispensaries are scheduled to file oppositions to the city’s motion for an order to show cause which asked the Orange County Superior Court to enforce the city’s subpoenas asking for business records from all five known dispensaries.

The city’s reply to the five subpoenaed dispensaries’ opposition letters is due on September 25. An October 2nd hearing is scheduled before Department 17 Judge Glenda Saunders in Orange County Superior Court in Santa Ana.

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