Posts tagged “Criminal

Hey California! Fresno called, they want there pre-1996 marijuana laws back.

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Only in Fresno, I tell ya! Only in Fresno California could the vast amounts of misinformation be seen as evidence to support the passing of an ordinance that prohibits any and all cultivation of  Cannabis. Retroactively handing all cultivation back over to the black market and criminal enterprises. Wait it gets worse! They have also retroactively criminalized the California legal qualified patients themselves through land use and zoning ordinances. Yup that’s right! What the people of California made Legal, Fresno has made Re-illegal!?. They have even found a way to circumvent the due process of law when it comes to qualified medicinal cannabis cultivators.  First they mail them a certified letter threatening to fine you administratively $1000 for every plant on the property. The county’s 15 Day Notice tells the grower they have to remove all plants within 15 days, or face extremely stiff  administrative penalties. In the only 2 cases on record so far, the abatement was done on the same day the individuals were given their 15 Day Notice to abate. does that sound like due process? Wait? Do you feel these fines and levees against you are unjustifiable and unwarranted?  Don worry you can always appeal to the Fresno county board of supervisors and hope they understand that your a legal qualified medical marijuana patient of the state California, and not of Fresno. The Fresno county board of supervisors has implemented such an evasive ordinance that it not only circumvents the true written intent of the (CUA). It circumvents the very constitution of California. 

Well it still gets worse unfortunately. No dispensaries or medicinal cannabis store fronts or collectives allowed either. So they have also retroactively returned all access, or purchases to the criminal enterprises and black market. The only viable options left for the legal medicinal cannabis patients are traveling to other progressive cities and counties within California that does not seem to have regressive leadership or governance. Which in turn puts huge financial and travel burdens upon the medicinal cannabis patients. Or the final and last result, simply move away from there delusional ideals of governance that exist in this time warp called Fresno.  Welcome to my home town people  Where the  boards of supervisors and city councils are the deciding factor and regulator of your health, medicine, and well being over the recommendations of a licensed physician. Where local law enforcement continually suggests that the Drug Cartels and criminal enterprises should have 100% control of all Cannabis grown in Fresno so they can better serve and protect you. Does any of this make sense to you? Welcome to the wild, wild west of Fresno folks, where the dumb folk roam, and the skies are all smoggy all day!

The City and County of Fresno has gone far beyond just banning large illegal commercial cannabis grows in there districts and county. (Those where already illegal ) They have thwarted the the intent of the (CUA) compassion use act of 1996.  Or as its more commonly known and referred to as, Prop 215.  They act as if the law never existed in the first place. Not only trampling on the (CUA)-Prop-215, but the later clarifications of the (MMPA) Medical Marijuana Program Act of 2003. Or as it is more commonly known and referred to as SB-420. Senate Bill-420 was an act of the legislators that helped further clarify and define the guidelines of the (CUA) because Law enforcement in places like FRESNO county were continually arresting qualified legal patients. The actions of these misinformed law enforcement and local governments out right thwarted the intent of the law as written and passed by the voting populous of California.

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No legal cultivation allowed at all. No legal indoor cultivation in the privacy of your own home. No legal outdoor cultivation on the privacy of your own property. No legal dispensaries or store fronts in your own city or county. All through the power of land use and zoning?  But the Fresno county health department will gladly take the peoples money and there doctors recommendation and supply them with a (MMPA) California State Medical Marijuana Card, with a Fresno county health department logo on it.  You can even get your doctors  recommendation directly through the Fresno county health dept. Through one of there licensed physicians.  So the County of Fresno is not only participating in the (MMPA) SB-420, its profiting from the state medical marijuana card program then turning around and telling those qualified patients to access there medicine anywhere but in Fresno? Oh, and good luck out there, I here, it can be pretty shady. Does this make sense to you? Is it legal? I am not lawyer, but I am pretty sure there is some illegal activity taking place here.

you know that old saying? Ignorance of the law is no excuse? Well have you ever considered applying that phrase on those who continually love to throw it in your face. Well the Sheriffs department, Local police department, and Local governments of Fresno are all  guilty of that very thing and are hoping the common voter never discovers that. For if you did, you would find that the only people acting as criminals and tyrannical thugs are the ones wearing the suits, costumes and uniforms of local Law enforcement, City Attorneys, and the elected representatives of Fresno. In my personal opinion it is an outright infringement of not only our California constitutional rights. It is also an outright infringement of  our United States constitutional rights. Now bare in mind, I am no lawyer or law professor. and this is no way to be construed as legal advice.  But I am pretty sure Banning me from access to my medicine recommended by a licensed physician is infringing on my right to “Life”.  Banning me from cultivating my medicine on my own personal property,whether indoors or out is infringing on my my right to “Property” and “Life”. And both of those actions are inherently infringing on my right to “Happiness”. Are you catching on here people ?

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Law enforcement never has and never will want to decriminalize anything. Especially Cannabis. That is one of Law enforcement’s “bread and butter’s” shall we say. More Specifically it is one of Margaret Mimms of the Fresno county Sheriffs departments personal blundered legacies she plans on leaving behind her. It would also appear that the Fresno city chief of police Jerry Dyer seems to be riding her coat tails with exact same nonsense. Margaret Mimms headed up the Marijuana Eradication task force here in Fresno county. Unfortunately her and many other small sheriffs dept statewide have been confusing and arresting qualified legal patients since the passing of prop-215 (CUA). The very Reason SB-420 (MMPA) was drafted and passed in 2003. To further clarify prop-215 (CUA). Either they where confused or ignorant of the law, or they simply didn’t give two flying farts to the wind either which way.  That would put to many good officers on the unemployment line. As if to say needing less police is a bad thing? or focusing those officers attention to more pressing criminal matters is a bad thing. Therefore when they don’t like laws passed by the legislators, or governing bodies they simply ignore them as if they never existed to begin with. Hence the ignorance that billows about the room at these very council and supervisor meetings in regards to the actual law as written. 95% percent of the time the elected representatives only repeat and spew out what is interpreted and handed to them by Law enforcement. Never the actual law as written and defined. that is a serious problem folks. How the (CUA) was written is not the true problem at play here.

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Have any of you ever read the California constitution? Did you know unlike most of the states in the union, here in California the people have the unique ability to pass there own laws through the statewide voter initiative process. Well that is exactly what happened with prop-215 (CUA). it was not law enforcement or the legislators that authored and circulated prop-215. It was the grassroots activists and citizens of California that wrote, circulated, and passed prop-215 (CUA).  Did you know that not even the highest California legislators in the land can change the  laws passed by the voter initiative process? The only way to to change voter initiatives is by another voter proposed initiative. The California constitution states, “what the voters have done, the Legislature cannot undo.” Interesting!? Well if you can not undo it? what do you do if you don’t like it? pretend it does not apply? Or simply imply it was so vaguely written as to allow certain localities to opt out or not participate in way shape or form? NO, it does not work that way. But is that not essentially what Fresno is trying to accomplish here with the passing of this unlawful ordinance? If the Legislator Cannot undo what the voters have done? Neither can the  city and county of Fresno right?  No matter how much they hate it. No matter how vague there interpretation. The legalese, wording and actual intent remain the same and can only be changed by the voters. are you starting to truly understand the malicious hatred and fury this ignites in law enforcement and the governing bodies its controls? This is truly of, for, and by the people governing. something they have no control over. And regardless of  Prop-215 and SB-420’s flaws, We the people should, and shall defend it with dignity and due diligence. regardless of whether or not you like or dislike Cannabis. This not just a game of politics anymore. If the only law Fresno answers to is the laws written of, by and for Fresno? are they circumventing state laws themselves ?  

I would now like to raise some very concerning questions and points of notice in regards to this intrusive unconstitutional ordinance being forced down the unwilling peoples of Fresno’s throats. Question #1 – Could you possibly conceive that the county board of supervisors, or city council representatives in the city in which you reside where the ultimate dictators and regulators of access to you medicine, health and well being, over the recommendation of a licensed physician? Is this an oligarchy or a democratic republic in which we reside? Question #2- Do you Honestly believe that passing this ordinance will curtail the illegal activity and crime associated with cannabis cultivation? Because the sad truth is, your only insuring that all cannabis cultivation is  a criminal act. Including legally qualified medicinal cultivation. Which directly conflicts with the peoples law of California and protections guaranteed by the California constitution.

The plain and simple truth is the only way to insure you lower criminal activity associated with Cannabis is by decriminalizing, legalizing and properly regulating the legal industry which arises. Weather it is strictly a model for only legal qualified medical patients, or a model for outright recreational use for responsible adult consumption. The very reason people steal, kill and commit crimes over or for Cannabis is because of the very laws that prohibit it. And the fact they will fetch a very high price in the illegal black market created by its prohibition. Where the demand never really went away by choice or organic methods.  It was forced out by unnecessary and unjustifiable means.  If  it where Legal, easily accessible and cultivated by everyone in there yards, and  sensibly regulated and controlled it would be easily accessible to all. and you wouldn’t have Criminals jumping fences and killing people over a natural plant. effectively eliminating the intrinsic criminal enterprises and aspects of the failed models of prohibition. Wake up People of Fresno! we do not have to continually stand by while these regressive leaders of our governing bodies are constantly trying to move the progressive needle backwards. We must stand up and be heard. For they will continue to oppress and and trample on anything and everything they deem a NUISANCE.  Remember this point right here! the very reason they hold that much power is because we willingly sent them there to speak for us. Citizens and people of Fresno, Stand up and speak for yourselves!

By: Dustin Frazier Lowery

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Fresno County Banning Cannabis Cultivation.

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Let me start by saying that I have been to my fair Share of County, and City supervisor meetings. Even a few planning commission hearings as well here in Fresno.  The most prominent notion in regards to Medicinal Cannabis that is thrown around is the notion that every single cultivator of Cannabis is a Criminal, or is somehow involved in Criminal activity associated with Cannabis. By either abusing the medicinal cannabis program set in place and not following the guidelines, which they do not seem to want to draft any sensible regulations on behalf of the patients.  Nor do they seem to care, quite frankly. Then there is always Margret Mimms and our local supervisors favorite and most popular line of defense,  Any and every single plant is illegal at the federal level, therefore we have a zero tolerance policy on the basis of all cannabis cultivation is a federal crime. If I had a $100 bucks every time I heard them say “it’s all illegal on the federal level”. I would be wealthy man.

 

Well in no way shape or form should Margret Mimms, or any other California law enforcement officer be enforcing or even suggesting Federal law within the state of California. Let alone a county supervisor. It is the duty of the Sheriff, as well as the district attorney to enforce state laws. The federal Government cannot compel state law enforcement. The Supreme Court has even stated that Congress cannot require state officers to enforce federal law. The court said that  ” the constitution contemplates that a states government will represent and remain accountable to its own citizens.” So when are they going to be held accountable for suggesting we enforce federal law within our states borders, Over the laws passed by the citizens of California?

 

Well I hate to be the bearer of Bad news, (Not Really) But, These are exactly that, nonsensical notions with no factual statistics to support them.  Do not get me wrong though, there are plenty of illegal grows on state and federal property that need eradicating and proper policing. There are also people within the system that do abuse it. You will find that in just about every system though. And yes those are criminals in which I believe deserve the full brunt of law enforcement. What I do not understand is why local law enforcement and county supervisors seem to conveniently confuse, or purposely bunch criminals and qualified patients together. Coincidence? Two birds, one stone. It’s pretty convenient on behalf of the supervisors. They just allow Law enforcement to do what they do best. Policing.  And it allows our county and city supervisors to never have to tackle the tough job of working on sensible regulations that are desperately needed for the Fresno citizens that are LEGAL California Prop-215 and SB-420 medicinal marijuana patients. It’s a win, win,  for everybody but the patients of course.

 

The worst part of it is. That the very criminals you are trying to prevent are the very same people set to make larger profits from the criminal black market, effectively increasing crime. Because you successfully eradicated the patient’s ability to either purchase from a licensed facility, known as a collective or a dispensary. And through this outdoor cultivation ban you are once again going to completely diminish the LEGAL California Prop-215 and SB-420 medicinal marijuana patients ability to produce quality outdoor medicine for themselves on their own property. Prop-215 Patients ability to cultivate their own plants outdoors is crucial to not only greater access, cheaper medicine, better quality, but increased safety as well.

 

Forcing patients to only cultivate indoors is far too expensive for the average patients who are usually on fixed incomes. Most are on disability and cannot cultivate for themselves. Hence the need for Collective grow sites that require larger numbers of plants for those who are disabled and cannot produce their own medicine by their own means or on their own property. We are not just talking about putting a few light bulbs above a few plants in the bath tub. To equal what can be produced outdoors, patients would have to spend upwards of 5000 to 10,000 dollars to produce a room that is up to code and efficient enough to produce what can easily be done by Mother Nature. Not to mention the high amounts of energy consumption that must also be paid annually for each harvest. Along with things like, soil, nutrients, pots, and so many other hidden costs that simply make it ineffective to ban outdoor cultivation. If we want to stay true to the requirements of the compassionate use act, Banning outdoor cultivation is not an effective method of creating greater access for qualified patients. However it is an effective method of avoiding the tough questions and hard work of coming up with sensible regulations for patients, and law enforcement to abide by.  Thus making it easier to identify the criminals.

 

So what? We are all just simply criminals now, and should all be treated as such?  That is not very compassionate. I think it is important to note the actual name of Prop-215, the Compassionate use act of 1996. That is why I am writing this today. That is why I am going to read this very post before the Fresno county board of supervisors today. Compassion! I do it for the patients who can’t raise their voices in opposition here today. I do it for the patients that I have personally witnessed amazing life altering changes thanks to cannabis. I am here because I take great pride and solace in seeing the Joy cannabis brings to those who are bright enough to look past the lies and see the truth for themselves. And that is what I ask all of you here today to please consider today,  Have some compassion and some consideration for those that you are so blindly throwing out along with the bath water.

 


Fresgro Unified Patients Alliance

Our mission here at Fresgro Unified Patients Alliance is first and fore most make sure every individual member feels truly cared for, valued and respected. We strive to provide our members with only the cleanest and highest quality medicinal Cannabis products. We know you have choices when selecting a medical marijuana collective in Fresno, so we stay on top of the latest developments and products within the medical cannabis industry.

Since 2009,  fresgrounified.com  has been informing 215 patients with education, advocacy and empowerment to help share knowledge about cannabis and its many healthful benefits. We also strongly suggest you learn more about hemp, as the cannabis plant has many beneficial uses outside the realm of medicine. Our friendly, helpful, knowledgeable staff also can assist you with any cannabis questions you may have.

So give us a call today

Fresgro Unified Patients Alliance  is a California licensed, Non-profit Mutual Benefit Corporation formed in accordance with Prop. 215 and operating within the California Attorney General’s guidelines. In order to receive deliveries you must register as a member of our collective, which involves signing an agreement stating your intention to relate with Fresgro Unified Patients Alliance as such. This in no way limits your ability to cultivate your own medicine, infringes upon your legal limits, or prevents you from joining another collective. The agreement simply states your intention to be an active member of the collective.


Medicinal Cannabis Patient skit


The Patients speak out @ Obama MMJ protest / Save Harborside Rally


Paul Armentano – Legal panel – SF – High Times Medical cannabis Cup


Pot 5 Reasons: Cannabis Should Be Legal Part 1

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Here in California, the legal cannabis debate is often superseded by the fight for Medical Marijuana, which appears reasonable as ill patients are in need of medicine for their aliments more so than the casual user wants his civil liberties. However we should not forget that the legality of cannabis effects both our medical and civil rights.

While I hate to say that one right is more important than another. Rights are like our children or creations, we must love them equally or at least see them as equally important. Yes, the patient’s right for their doctor agreed upon medicine is more important than the wants of the recreational user. Yet, their want for open civil rights is still important and should not be overlooked.

Not to mention that the medical debate leaves the casual user stone cold sober, while the quest for legalization is all-inclusive.

To further the push for legalization, I give you five reasons why marijuana should be legal. They are not the only reasons for a legal cannabis country but a selection that I have deemed most shocking and/or logical to unlock the doors to a world of cannabliss.

Pot Five Reasons Why Marijuana Should Be Legal

#5 – End The Underworld’s Cannabis Profits

Currently, every week a news outlet somewhere runs a story about how the Cannabis trade is the largest profit maker for the Cartels. If we are to take these numerous reports to be true than One is left to assume that legalization is the only way to wrestle our marijuana money from the black market.

In the halls of history, we can find one example of how the largest profit maker for a black market was changed into an above-the-board non-profit organization that benefits society. I mean, of course, the lottery.

Long ago in the days when televisions had dials, one of the largest money makers for outlaws was to run illegal lotteries, or “running numbers” as was the term of the time. A Numbers racket worked like this:

How Numbers Ran:
1. A customer would walk into a bar / candy store / retail outlet.
2. They bought their numbers at the counter.
3. A mobbed-up “underworld type” would go around to the various outlets and collect the numbers.
4. On a prescribed day, a number would be picked and the customer with that number got cash.

This system worked for a long time. However since the 80’s, running numbers is no longer a profitable venture for the underworld. The lottery changed the game. You can no longer profit from running numbers as anyone, who is anyone, can now go into any convenience store and buy a lotto ticket. Yet, not only a lotto ticket but a legal, state verified lotto ticket.

How Lotto Runs:
1. A customer walks into a convenience store.
2. Customer buys lotto ticket at the counter.
3. Lotto Numbers are collected by state run machines.
4. Lotto numbers are picked and winning numbers collect cash!

As you can see from the example above, America did not stamp out the citizens ability to gamble. Instead we made the lotto legal. We took the profits out of the black market and put them to good use in our school and public health systems. Thus to END the machine of terror that collects our cannabis proceeds, we need to take the profits out of the black market and put them to good use in the general and legal economy.

#4 Cannabis Industry Means More Jobs

When we put the Black Market‘s cannabis proceeds into the general economy, then we also add all the jobs that once where part of the Black Market. Just look around the medical marijuana industry and see at all the different jobs that are created.

Sure, there are the growers and the dealers. On the farm, there are helpers, trimmers, and baggers, oh my. On the streets, there are wholesalers, drivers, and street-level traders. These are positions that directly trade over from the black market.

However, the industry in the medical marijuana industry create even more jobs. Here in California, there are bud tenders, security guards, and administration at all the dispensaries. There are labs, filled with scientist, that test the potency of cannabis. There are kitchens filled with cooks who make medicated snacks. Factories who make containers. And the list goes on.

Where the underground market sees marijuana as a commodity, with maybe three different levels; schwag, Beasters, and Nugs, with one basic effect. The medical marijuana industry sees an ever-growing list of strains and byproducts where each one comes with at least one taxable employment slot.

I was at the San Francisco Medical Cannabis Cup and I marveled at the number of booths and the range of products displayed. As from above, each booth and product is another job that was added to the economy directly from the impact of Proposition 215.

Cannabis Numbers #3, 2, and 1 to Come…

Our first two reasons to end cannabis prohibition are down. We need to end the black market’s cannabis profits. If we end the illegal profits by legalization, then we will create an industry from the ashes of our misguided past.

While these two reasons maybe enough of a justification for Legalization, we still have three more reasons to go.

Join us next time for Pot 5 Reasons: Marijuana Should Be Legal Part 2

By: Red Eyed Kracker


Del The Funky Homosapien – VIRUS – High Times Medical Cannabis Cup


Richard Lee receives High times Dr lester Grinspoon Lifetime achievement award


SF – Med Can Cup – Dr. Jeffery Hergenrather on concentrates


June 21, 2012 Fresno City council meeting


( UPDATE ) Fresno city’s BAN on outdoor cultivation.

Recent chatter in the airways suggests the Ordinance regarding outdoor cultivation of medicinal cannabis within the city limits of Fresno Ca, will be on the June 21st Agenda. So here we go again! Only this time it’s with the city council and not the county. The one thing I can say is that the city of Fresno’s ordinance is a lot less restrictive by leaps and bounds. The Fresno County medical marijuana Ordinance is extremely restrictive. Here is a quick summary of the Fresno County medical marijuana ordinance in regards to cultivation.

So any patient that has the poor misfortune of living in the county has to meet all the requirements listed above. Even for personal cultivation? Yes! Fresno county’s ordinance is one of, if not the states most restrictive ordinance in regards to Cultivation, Use, distribution and possession in the entire state of California. Well now we have the city of Fresno planning to do the same thing.

( Here is a link of the proposed ordinance )

http://www.fresno.gov/planningdocs/May162012/VIIIA.pdf

So for all of those patients out there who provide themselves with outdoor grown medicine on their own property every year will no longer be allowed to grow directly under the sun within the city limits. They will now have to spend 100’s to 1000’s of dollars building a secure structure for their medicinal garden. Much like the county’s ordinance we see they have chosen to restrict access to the cheapest and most affordable way of providing yourself with quality affordable medicinal cannabis. Cultivating your own medicinal cannabis is one of the only fail safe ways to ensure the patient knows the quality, the strain, and the grade of the medicinal cannabis.

Once again the local Fresno governing bodies choose to restrict patients access instead of addressing and correcting the real underlying issues. Most of the qualified patients that use medicinal cannabis are on a limited income, disability, social security, chemotherapy patients, cancer patients, H.I.V Patients, and many more ailments that already restrict their access and ability to cultivate their own medicine. Now the city of Fresno is telling those “Over-Qualified” patients they can’t even grow those plants on their own property. Most of these patients are already suffering in these low economic times from there overpriced healthcare costs. Now the City of Fresno wants to tack 100’s of 1000’s of dollars to an already struggling patient.

Does any of this seem fair to you ? Sure as hell don’t to me! What if the only relief or cure you found for your ailment or sickness was kicked around like a political football up and down the state. And your local city council or county supervisors decide that your medicine is too much of a health and safety risk for the citizens. Now the only thing that increases your appetite after chemotherapy, or relieves your completely disabling migraines, or help to stimulate and increase the function of your weakened immune system from the H.I.V Virus that is attacking it IS GONE. Walk a mile in the shoes of a qualified medicinal patient before you come to such restrictive ordinances and regulations.

The people and qualified patients of Fresno City and county deserve better than this. These qualified patients need acceptance, understanding and compassion, not restrictive ordinances that go against the very purposes of a voter approved proposition passed 16 years ago. I am only 1 man! But I am able-bodied and willing to fight and educate on behalf of those medicinal cannabis patients that can’t. We need the medicinal cannabis patients and community to show up at the Fresno City Council meeting this June 21, 2012. These elected representatives need to see that the medicinal cannabis patients really have a face and in fact are, Mothers, Fathers, daughters, Sons, Grandfathers, grandmothers, Black, Hispanic, White, Hmong, Asian and everything else I left out. We are the medicinal cannabis community, and we aint going nowhere. We are here to stay ! And I will be damned if I allow this to happen in my hometown without a fight. So I urge all patients and supporters of medicinal cannabis to start educating the masses here in Fresno, Ca. Sit down for an hour and put your thoughts to paper. Create a respectful 3 minute presentation on how this will affect you and the medicinal patients of Fresno, Ca. Then show up at the city council meeting and share that with the Fresno City Council members. Nobody is going to show up and do it for us. Untill the City of Fresno Understands the struggles of the medicinal cannabis patient and forms regulations and ordinances that truly address these issues in a compassionate and respectful way, I WONT STOP, AND NEITHER SHOULD YOU !

By: Dustin F. Lowery


No outdoor cultivation in Fresno ?

This past Wednesday, may 16 2012. The Fresno Planning Commission voted 4-2 on Wednesday to recommend passage of a permanent ban on growing medical marijuana outdoors anywhere in the city of Fresno. I was one of three people to speak against the proposed ban and some of the underlying legal issues. I myself did not submit anything in writing because I felt that speaking from my heart works best for me. I asked the planning commission to please consider who will be effected the most by the passing such a restrictive ordinance. What about the patients who are on disability ? What about the patients who can barely afford to grow a few plants under the sun each season? The patients on fixed incomes who are already having a hard time scraping by ? Such a restrictive ordinance affects the poorest and most neediest of the medicinal cannabis patients here in Fresno, Ca.

I then went on to say that I am not here to advocate for thousand plant grow sites in the city limits. I am here to stand up for the patients right to legally cultivate their own medicine, on their own property. I told them that I was all for sensible regulations on outdoor cultivation within the city limits. But what the city currently had drafted was way to restrictive and would only further restrict patients access to affordable quality medicinal cannabis. Transplanting even a small 2 or 4 plant garden from outdoors to indoors can be very costly. It’s not as simple as ripping the plants from the ground, Throwing them in the bath tub and hanging a light bulb above it. Which by the way where the actual words of a judge here in Fresno recently, and also prior statements of the Law enforcement official giving the presentation before the planning commission just minutes before.

Actually to Give Lt. David Newton of the FPD narcotics division credit, he actually said cheap Led lights, which some growers are switching to, but are rarely used due to little information about production and output. personally there isn’t enough proven evidence to switch anything just yet. I also stated to the planning commission board that I myself do not hate Law enforcement, nor do I blame them for the position they have been in put in. But I am here to advocate Law enforcement does serve and protect the legal medicinal cannabis community like everyone else. I went on to say how I did agree that we needed to work with law enforcement to reign in those who are abusing the medicinal cannabis industry. But we also should not throw away the baby with the bath water. Dont punish the patients for the actions of the criminals.

After Comments from the other 2 whole speakers in opposition Diane Valdovinos ( Local Advocate ) and Micheal Green of Cal pot news. The commission board commended us for our statements. They then proceeded to vote on the ordinance. Many of the members of the planning commission said they understood our concerns but that they didn’t feel it was as restrictive and voted in favor. But one planning commissioner statements specifically hit home for me and made me feel as if we did have a very small victory in the overall battle. Luisa Medina of the planning commission said she was going to vote in favor of the ordinance but after hearing the statements in opposition from the three of us she had changed her mind. I was overjoyed with pride when I heard her say that. The fact that the statements of mine and that of my friends made a difference that day. Though we lost the overall battle, but through education and compassion we changed the heart and mind of just one person who would have otherwise just gone along with protocol and passed the ordinance.

After the planning commission meeting was dismissed we retreated to the front of the city hall building to gather our thoughts. We where then greeted by Luisa medina and Andy Hansen-Smith of the planning commission. they had some great words of encouragement and thanked us for coming out voicing our concerns to the commission. But the real highlight of that evening for me personally was when Lt. David Newton of the FPD confronted me outside of city hall and thanked me for coming. He also told me that I was a very good representative the for medicinal cannabis community and that he actually voted for prop 215 back in 1996. Lt David Newton also said that he looked forward to seeing me again. I jokingly replied, well I hope its at the next city council meeting and not anywhere else. We both laughed, shook hands and parted ways. Now those are the kinds of encounters with law enforcement I would prefer happen.

But for those who believe the opponent has the upper hand and it’s just to large a hill to climb. Dont give Up ! Three dedicated cannabis activists didn’t win the overall battle this past Wednesday, but they are winning the hearts and minds through the power of compassion and education. The key to ending patient discrimination in local counties and city’s here in the central valley is through education and compassion. Through this blog and various other social media I will keep you posted on when the ordinance will be going before the Fresno City council.

By: Dustin F. Lowery


Jack Herer Initiative – ( Ima Hemp ) sonjia – 4/20/2012 ( Deep Green Festival )


Ed Rosenthal – 4/21/2012 ( Deep Green Festival )


Bill Panzer – 4/21/2012 ( Deep Green Conference )


Stephen DeAngelo – 4/21/2012 ( Deep Green Conference )


David Long – 4/21/2012 ( Deep Green Conference )


4/20 March and protest in Oakland Ca.


Dale Sky Jones 4/20/2012


Will Fresno County shut them down ?

There are some major questions that need some serious answers in regards to the Fresno county ordinance, and what I believe is an Unlawful intrusion of Californians rights under state laws. The first question that comes to mind is always this, Can a city board of supervisors, or a county board of supervisors superced state laws and in fact disregard them and enact their own local laws through code enforcement ? Because that is exactly what is taking place here in Fresno, Ca.

Fresno’s ordinance is very unique and more restrictive to patients then most in the entire state. On July 12, 2011, Fresno County unanimously passed an ordinance to ban dispensaries and sharply restrict cultivation. It requires a “Medical MJ Cultivation Business License” for anyone seeking to grow in the county. Cultivation can only occur only in a secure, locked, enclosed structure in industrial zoning districts if 1,000 feet from any school, park, recreation area, sports facility, adult business, church, etc; maximum # of plants is 99. It also hands over all Code Enforcement over to the Local Fresno county sheriffs office. That is just the part on cultivation.

What about the collectives and clubs here in the county of Fresno ? the ordinance clearly states the following,

10.60.030 Medical Marijuana dispensary as a prohibited use:

A. A medical marijuana dispensary as defined in section 11.10.020 is a prohibited use in all zone districts in the County of Fresno.

And that is all they had to say about that. No beating around the bush with it, straight to the point with it. Now section 10.60.050 clearly states the following.

10.60.050 AMORTIZATION OF NON-CONFORMING MEDICAL MARIJUANA DISPENCARY:

Any marijuana existing on the effective date of this ordinance, which does not conform to the provisions of this chapter, shall be regarded as non-conforming use which may be continued until six months after the effective date of this ordinance. On or before such date, all such non-conforming uses shall be terminated.

Now I am not exactly sure what that means in terms of exactly how they are gonna come down on them, but what i do know is they seem to have pretty clear stance on collectives and dispensary’s, NONE SHALL BE ALLOWED PERIOD ! The city and county board of supervisors and even the fresno police department and fresno county sheriffs office are wanting to prevent crime. Now everybody wants less crime and safer streets for their children to walk right ? Then banning of collectives and dispensary’s is not the way to go about it. It is a proven fact that where most of these collectives and dispensary’s are in the county of Fresno are in fact now safer being occupied with security guards and people watching the surrounding buildings. Not only that but it single-handedly provides a safe and comfortable environment for the a medical marijuana patient to get access to their medicine in a secure public location, most have security and very secure front doors.

As a parent of a 5-year-old boy, I would prefer that Medical marijuana patients who need access to their medicine go to a place like that then get it from some dealer on the black market. As a parent i know my 5-year-old, or a child of any age other than the age required by law or, if under age has adult permission, will not be getting access to cannabis through a collective or dispensary. That I can assure you ! and if they did, can you imagine the outrage ? As there should be. but at least there is a place or business to hold responsible or liable. On the streets and black markets there is no justice for those who sell to children, let alone the fact that they are more likely to have access to more deadly drugs then just marijuana, and they also do not check their patrons I.D’s. Collectives and dispensary’s without a doubt would and are reducing crime and increasing access to the people who need cannabis the most. Not only does Fresno take their citizens money for Medical marijuana cards issued by the Fresno county health department. They also have their own doctor on staff to offer their own reccomendations. Not only does Fresno profit from medical marijuana currently. It in turn uses those funds to abolish the very places in which you can get access to your medications in your county and city. They will give all you need to be legal to consume the plant, even take your money and provide with the qualified paperwork. Only to turn around tell you, you’re going to have to go somewhere else to get that stuff.

Now the Fresno county sheriff’s office, with administrative assistance from the department of public works and planning, shall have primary responsibility for enforcement of the provisions in this ordinance. Lets get this straight, because we are dealing with deadly criminals and drug king pins that are disguised as medical marijuana patients. At least that’s what the police and local law enforcement want you to believe because, they get a shitload of funding from the federal government to prevent any and all Cannabis cultivation, distribution and sales. Be it legal medical marijuana, or by any means necessary. And the Police do not want to lose that funding, Period !

So they portray the average medical marijuana patient as a criminal to the public. Everyone that is a provider for these patients is also considered a drug king pin. This is getting to be a bit ridiculous, don’t you think ? their is no other business or industry out there requires handing over the enforcement of code enforcement to Law enforcement. But when your dealing with those damn Hippies, disabled people, Sick and dying people, and people seeking natural alternatives to the daily poisons offered by the pharmaceutical company’s. The only way to get there point across and accomplish their goals of keeping there federal bankrolls coming in is to demonize those who have actually been gaining acceptance within their own communities.


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