Ca. Attorney General seeks input on legal questions concerning medical
marijuana dispensaries

Hi All,

Just another night in paradise. Came across this item from the
California Attorney General's website. Anyone care to submit their
input to the AG's office?

Peace

brett



Monthly Opinion Report

Opinion Requests Assigned In March 2007

The Attorney General welcomes the views of interested persons
concerning the legal issues raised in questions submitted below. See
Views Solicited on Assigned Opinion Requests for details.


# 07-306

Requested By: Senator Sheila James Kuehl
Assigned To: Deputy Attorney General Marc J. Nolan

Question(s):

1) Is it possible for a store front medical marijuana dispensary to be
legally operated under the Compassionate Use Act of 1996 (Health &
Saf. Code, § 11362.5) and the Medical Marijuana Program Act (Health &
Saf. Code, §§ 11362.7-11362.83)?

2) If the governing body of a city, city and county, or county
approves an ordinance authorizing and regulating marijuana
dispensaries to implement the Compassionate Use Act of 1996 and the
Medical Marijuana Program Act, can an individual board or council
member be found to be acting illegally and be subject to federal
criminal charges, including aiding and abetting, or state criminal
charges?

3) If the governing body of a city, city and county, or county
approves an ordinance authorizing and regulating marijuana
dispensaries to implement the Compassionate Use Act of 1996 and the
Medical Marijuana Program Act, and subsequently a particular
dispensary is found to be violating state law regarding sales and
trafficking of marijuana, could an elected official on the governing
body be guilty of state criminal charges?

4) Does approval of such an ordinance open the jurisdictions
themselves to civil or criminal liability?

5) Does the issuance of a business license involve any additional
civil or criminal liability for a city or county and its elected
governing body?



The Attorney General welcomes and solicits the views of interested
persons concerning the legal issues raised in any question submitted
for an opinion. Comments must be provided in writing.

The earlier views are submitted, the more opportunity we will have to
consider them in the opinion drafting and review process. All views
submitted will be considered public records subject to disclosure
under the Public Records Act.

To submit your written comment, contact the deputy attorney general
whose name appears next to the item of interest in the list of pending
opinion requests appearing on this web page:

Deputy Attorney General
Marc J. Nolan
Marc.Nolan@...
300 S. Spring Street
Los Angeles, CA 90013
Phone: (213) 897-2255

http://ag.ca.gov/opinions/monthly_report.php


DaBronx
www.DaBronxNews.com