Putting the CARE in caregiving | Medical Marijuana Cooperative
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    Posted on December 26th, 2012 The Variety No comments

    We would like to thank all of The Variety Co-op members for their continued support and want you all to know that we still intend to resume our regular medical marijuana distribution operations in our current location at 15052 Adams Ave in Midway City in the near future.  As you may know, Orange County adopted an ordinance that prohibits the sale or distribution of marijuana in the county.  We believe that The Variety Co-op is a legally established use that is allowed to continue in operation under the County Code; however, the County has not yet agreed with us.  In January we were informed by the County that we would be subject to a $1,000 per day fine if we remained open.  The Variety Co-op temporarily suspended its operations at that time in order to avoid incurring fines and to allow the courts to clarify the law before The Variety Co-op pursues its rights to resume full time operation.

    Over the course of this year there have been a number of court decisions concerning whether a city or county can prohibit medical marijuana distribution and under what circumstances a co-op such as ours can operate.  These decisions have been all over the place.  Some courts have held that a county can enact a ban, while other courts have held otherwise.  One case held that co-op members must all participate in the growing, while another case held there is no such requirement.  One court held that all of the marijuana must be grown at the premises, while another court has said that is not required.

    All of these cases have been accepted for review by the California Supreme Court, which appears poised to answer these questions next year.  Our response to the County’s ordinance will greatly depend on the outcome in these cases.  If the Supreme Court holds that a county cannot prohibit the distribution of medical marijuana, it may not be necessary for The Variety Co-op to demonstrate that it was a legally established use before.  If the Supreme Court holds otherwise, its decision in the cases concerning how distribution may occur will influence how The Variety Co-op proceeds with the County.

    Because there is so much uncertainty in the law at the moment and because the Supreme Court is likely to resolve at least some of the uncertainty in the near future, The Variety Co-op is waiting for the Supreme Court to decide the pending cases before resuming full time operation in its current location.  The Variety Co-op does not have the resources to be incurring legal fees and potential County fines to address issues with the County that might become moot.

    We appreciate your continuing membership and loyal support.  The Variety Co-op remains fully committed to resuming full time operation in our Midway City location.  We have maintained our lease for the premises for this very purpose.

    The process of resuming our regular operation may be costly and lengthy, but we believe that it is extremely important that all the patient members of The Variety Co-op should once again have safe and legal access to the highest quality medicine.  We will not stop fighting to resume full time operations no matter how long it takes.

    -TV Co-op Staff

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