A: Cities around Orange County, including Lake Forest, are now facing the negative secondary effects of medical marijuana stores locating in their communities. Recent headlines have highlighted marijuana stores being robbed at gunpoint, home invasions with homeowners physically assaulted for marijuana plants, and hospitalizations of individuals after ingesting medical marijuana in edible form. The overall quality of life in Lake Forest depends upon enforcing the municipal code throughout the community. Medical marijuana stores are not permitted in Lake Forest per the municipal code, which prohibits businesses that violate state or federal law, and prohibits uses not explicitly allowed in the municipal code. In addition, there is no provision in state law for marijuana stores.
A: The distribution of marijuana in stores violates federal law since marijuana is classified as a Schedule 1 drug. Further, there is currently no provision in state law for marijuana stores. The City does not and cannot enact zoning ordinances or other land use determinations that permit activities or businesses that violate federal or state law -- including marijuana stores, collectives, cooperatives, or any other distribution facility. In addition, the City is alarmed at the increasing incidents of crime and other secondary effects associated with storefront dispensaries.
A: The City of Lake Forest has requested the court issue a preliminary injunction allowing the City to close marijuana stores which are operating illegally in Lake Forest. The stores include 215 Agenda, Lake Forest Community Collective, Vale Tudo Cafe, Lake Forest Wellness Center and Collective, GGECO (now operating as Care Mutual), Earth Cann, New Amsterdam, The Health Collective, Lake Forest Patients Collective Association and Orange County Independent Collective. We are awaiting a decision from the court.
Q: Won't the closure of the stores deny seriously ill people access to medical marijuana?
A: No. Despite the closure of marijuana stores in Lake Forest, the Compassionate Use Act and Medical Marijuana Program Act outline a number of alternatives for those individuals (and/or their primary caregivers) whose physician has recommended the use of medical marijuana. For those who wish to utilize a store, there are a number of stores within a 15 mile radius of Lake Forest, the closest of which is 3 miles away.
A: California voters passed the Compassionate Use Act in 1996 which allows seriously ill Californians to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician. There is no provision in the Compassionate Use Act or Medical Marijuana Program Act that authorizes the establishment of a “dispensary” or other storefront marijuana distribution operation. In addition, a recent appellate decision (City of Claremont v. Kruse) has established that the Compassionate Use Act does not require cities to allow marijuana stores.
A: The sale of alcohol and tobacco is legal and regulated by both the state and federal government. For example, a business owner seeking to sell alcohol must submit to a background check prior to obtaining a license from the State of California Department of Alcoholic Beverage Control. During the licensing process, city zoning is considered and a city may request denial of a license if it finds an over-concentration of liquor sales in a particular area of the community. Those engaged in alcohol sales are subject to prosecution and fines if compliance with state laws is not maintained.
The Orange County Register featured an article, published March 8, 2010, highlighting the case of two individuals who became seriously ill after eating a dispensary's marijuana brownies -- to the point of hospitalization. The article included a doctor's comment that the dispensary distribution of marijuana can cause sickness or other adverse effects.
Owners and employees of medical marijuana stores do not have any licensing, nor do they have to undergo background checks, fingerprinting or any other security measure that all pharmacists and medical personnel must pass. This lack of oversight poses significant risk to the community.
A: According to the state of California Department of Consumer Affairs, a pharmacy is highly regulated. The state performs a thorough investigation of the application for a pharmacy permit, which includes criminal background checks, completion of rules of professional conduct and financial reporting for all owners. The pharmacy is also required to meet security, sanitation and record keeping requirements and must have an area for confidential patient consultation. Every pharmacy must have a pharmacist-in-charge who is responsible for the day to day operations. Pharmacists and pharmacy technicians must also be licensed by the state. In addition, pharmacies must also follow regulations enforced by the federal Drug Enforcement Administration (DEA) related to controlled substances. In contrast, there is no provision in state law for marijuana dispensaries, and the distribution of marijuana by storefront dispensaries violates federal law since marijuana is classified as a Schedule 1 drug.
By letter, mail to the City of Lake Forest, 25550 Commercentre Drive, Suite 100, Lake Forest, CA 92630, ATTN: Debra Rose, Deputy City Manager/Director of Management Services
