Legal Question in Criminal Law in California

Please be patient with me�.

All my questions have to do with Medical Marijuana.

I live in San Diego where there has been a moratorium placed on medical marijuana �dispensaries� for the next 10 months. I have a small group of us (less than 20) who all are medical marijuana patients with California issued medical cards and not some medical cards from one of these �Pot Docs� that you can get for $100.

My question to you would be, is there a difference between a cooperative and a dispensary? Or a collective and a dispensary?

I know there is a difference between cooperative and collective, but from my reading I�m not sure how I would be categorized or if this is something I am able to do. I want to have a �private� office location, open 6 days a week where only members of my cooperative can come in and we would trade medicine amongst each other. If someone wanted to be part of our cooperative, they would first be introduced by an existing member, sign contracts along with a picture I.D taken and their Doctors letter of recommendation, and other things. Just trying to keep it short.

I would not advertise to the public, no website, no business cards, no selling to anyone to any walk-in guest with a medical card, but I was wondering what San Diego�s definition of �moratorium� was and if it meant � Cooperative and Collective. Really what I would like to do is find out information so I can incorporate if possible and take the next steps with an Attorney. As soon as possible.

Please help advise me on any news with San Diego, if I am able to open a private cooperative or collective amongst my own members, and if I am using cooperative and collective the right way or if it is backwards. If you need any other information, please let me know and I will be brutally honest with you! Thank you for your time and I look forward to hearing back from a professional!

First time user

Tommy


Asked on 12/07/09, 1:16 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Without addressing your stated questions, keep in mind that everything you discuss is illegal, and a felony, under federal law. Just because some lcities and states chose to willfully ignore that and tell people it is 'ok' with their little piece of paper does not change your risk of federal arrest for 'possession for sale' or related offenses. Such federal charges carry mandatory prison sentences upon conviction.

As to your questions, you should obtain from the local city authorities the handbook or other documentation of what 'their' rules are. For example, San Francisco issues a 'user' pamphlet for that purpose; maybe San Diego does too. It would be part of your defense against federal criminal charges if arrested.

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Answered on 12/14/09, 10:33 am


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