Photos taken April 1, 2012

The full set of photos in high resolution are located here on my Flickr account.  Below is just a random sampling:

The 2008 Final Judgment is here:  JUDGEMENT 1-25-2008

The 2005 Stipulation is here:  STIPULATION 6-30-2005 STIP

Relevant portions of the Judgment and Stipulation explained here: markman presentation 2-27-08

Most recent NMMA report for the Nipomo Mesa is here: 2010 ANNUAL REPORT

A review of these documents demonstrate that as part of the Santa Maria groundwater litigation the court has found the need to manage ground water on the Nipomo Mesa.  The Court has ordered the NCSD to acquire 2500 acre square feet of water, from Santa Maria.  The NNMA reports demonstrate that this supplemental water will further strengthen the health of the Nipomo Mesa Water, by reducing pumping that currently is producing depression areas in some areas of heavy pumping on the Nipomo Mesa by the NCSD.

Vote to approve the Nipomo Water Pipeline 

Today’s Tribune editorial comes out in favor of the NCSD’s efforts to construct a water pipeline from Santa Maria to Nipomo.  I think the Tribune editorial is well reasoned and well written.  I agree with this editorial, and repost it here to further encourage discussion on this issue in our community:

Property owners in the Nipomo area soon will vote on whether to increase their property taxes to pay for a $26 million pipeline to import water from Santa Maria.

The question isn’t so much whether the water is needed; even opponents of the project acknowledge that it makes sense to have another source of water. Rather, the debate is over whether Santa Maria water is the best source. Those opposed to the tax measure point to other projects — especially desalination — as better alternatives.

We recognize that the pipeline will be expensive. If approved, Nipomo-area property owners will not only see their taxes increase, they’ll also pay higher water rates.

However, we believe changing course at this point would be a huge and costly mistake.

The Nipomo Community Services District has done the groundwork. It has conducted three separate studies on supplemental water alternatives over a period of nearly 20 years. Importing Santa Maria water, combined with conservation, has consistently ranked as the least costly and most easily achieved project.

Desal remains a possibility down the road, but it would take millions more dollars and many, many more years to accomplish.

Just look at Cambria’s experience; it’s been trying for decades to build a desalination plant, only to have proposals rejected by the California Coastal Commission.

Even if Nipomo managed to expedite permitting and funding of a desal plant, a pipeline would still be needed to transport water, on top of other expenses.

Other arguments against the pipeline don’t pan out either:

• Opponents say the pipeline will induce growth. That same argument can be made for any water project.
• Opponents living in the area served by Rural Water, a for-profit water company, point out that they are being asked to help pay for the project, yet they won’t receive Santa Maria water. That’s true. However, other areas of Nipomo will be able to reduce their groundwater pumping. That will improve the health and reliability of the basin, and that will benefit Rural Water customers.
• Opponents who live outside the boundaries of the Nipomo Community Services District don’t like the idea that the district will be in charge of the project. Again, any project will require a lead agency to take charge, and the Nipomo district is the logical entity.
• Opponents maintain the pipeline won’t introduce any new water to the basin; it will move around the water that’s already here. In a sense, that’s true. However, opponents neglect to say that water will be transferred from an area where there’s a surplus — Santa Maria — to an area where there’s a documented shortage.
• Opponents accuse the Nipomo Community Services District of fabricating a report of seawater intrusion in an Oceano well. They point to a letter the Oceano Community Services District recently issued that denies the report of seawater intrusion.

Our take: This is a big red herring. Even if seawater intrusion never occurred in Oceano, there are other signs that the basin is in trouble.

A pumping depression — an area around a well where the water table dips — was documented on the Nipomo Mesa years ago.

A judge who presided over a big water rights lawsuit cited that depression as evidence of a problem with the basin. After years of expensive litigation, the parties in that case proposed a solution that became a judicial order. As part of that solution, the Nipomo Community Services District agreed to import water from Santa Maria.

Now, at the eleventh hour, opponents are objecting to the cost of the pipeline and pointing to desal as a preferred alternative.

That’s a pipe dream.

It would be a grave mistake to turn down an approved project — one that will guarantee a reliable source of water for decades to come — on a gamble that a desal plant might materialize some day.

As we’ve seen again and again, putting off a project today often leads to far greater expense later; the Los Osos sewer project is a prime example of that.

We strongly urge Nipomo-area property owners to vote in favor of the Santa Maria pipeline project.

Nipomo voters were persuaded by unsound and misleading arguments in the 1990′s to reject state water when they had the chance to obtain an additional water source.  I think it would be a mistake now to reject Santa Maria water as an additional supplemental source needed to protect our only current water source–the underground aquifer.  I too, urge a yes vote on the Santa Maria to Nipomo water pipeline project.

Vote to approve the Nipomo Water Pipeline 

Today’s San Luis Obispo Tribune notes the upcoming vote  allowing Nipomo residents to protect their only water source, the underground aquifer:

Over the next seven weeks, property owners on the Nipomo Mesa will have a chance to vote on whether to pay for construction of a pipeline to bring water to the community from Santa Maria.

The Nipomo Community Services District, which is leading efforts to form an assessment district to pay for the pipeline, will mail ballots to residents by March 23 asking whether they will agree to levy a tax to cover the pipeline’s estimated $25.9 million capital cost.

The ballot period will be open until the close of a May 9 public hearing; a majority of the returned ballots is required for passage. District board members voted unanimously Wednesday to start the balloting process.

Some residents could pay from $120 to $225 a year for 30 years to fund the construction costs, though many others could pay at least double that, depending on the size of their property, type of use and other factors.

The proposed assessment district covers about 8,800 properties.

District officials say the pipeline is necessary to reduce the area’s dependency on its only source of water, an underground aquifer, and to prevent saltwater intrusion — the pollution of a freshwater aquifer by seawater creeping underground and moving inland.

Even if you were assessed the highest amount, it would be less than $20.00 a month.  That’s about five cups of Starbucks or perhaps one less movie a month.  That’s certainly a reasonable sacrifice to invest in our community’s future and it’s future water supply.  I am voting to approve this pipeline.  You can read some of the reasons why, here.

The Threat to Nipomo Mesa Water Supply

FREQUENTLY ASKED QUESTIONS 

What is the Nipomo Community Services District?

The Nipomo Community Services District (NCSD) is the local public agency responsible for operating clean water and wastewater systems, solid waste collection and certain street lighting systems that serve our local community.  As a local government “special district”, NCSD is governed by a five-member publicly elected Board of Directors. NCSD is one of four large water providers on the Nipomo Mesa – others are Golden State Water Company, Rural Water Company, and Woodlands Mutual Water Company.

Where does our water come from?

ALL of the fresh water used by our community comes from a natural underground aquifer located hundreds of feet below the Nipomo Mesa and Santa Maria River Valley.  This precious fresh water source known as the Santa Maria Groundwater Basin is our ONLY water source.

Why is relying solely on the Groundwater Basin for our fresh water a concern?

If the source becomes unusable, we have no alternative other than severe water use restrictions. As demand on the supply continues to increase, our community is becoming increasingly vulnerable to interruptions in our solely groundwater-dependent water supply.  Over the past decade, engineers and water experts commissioned by the State and County have studied our local water supply and concluded that there is simply not enough water to meet existing, much less future, needs.

Isn’t there plenty of fresh water underlying the Mesa to meet current and future demands?

No. We are using more water than is being replaced in our fresh water supply.  Over the past decade, water levels beneath the Nipomo Mesa have fallen significantly.  In many areas of the Mesa current groundwater levels have fallen below sea level.[1]  Since 1970, groundwater levels in the Blacklake area have dropped by more than 58 feet.[2]

Studies over the past 20 years have concluded that water providers must obtain an additional (supplemental) source of water.[3]  Without an additional water source, we face critical water shortages that would severely affect our quality of life.

How do we know we have a water shortage?

The California Department of Water Resources (DWR) conducted a groundwater study that shows that groundwater usage in the Nipomo Mesa area exceeds supply.[4]  This finding is consistent with the conclusions of the County’s Resource Management Agency which has put conditions in the Nipomo Mesa Area at “Level of Severity – III,” meaning that existing demand currently equals or exceeds the dependable water supply.[5]  Both the DWR and San Luis Obispo County Department of Public Works have determined the safe volume of groundwater water that can be pumped from our wells (without harmful depletion of the aquifer).  Since 2007, our community has been using twice that amount of fresh water per year.[6]  Without an additional fresh water source, this difference will eventually lead to seawater intrusion.

We have had a lot of rain the past two winters.  Didn’t that solve our water shortage?

While above-average rainfall over the past two winters has helped, it is not nearly enough to solve the problem.  A “Key Well Index” developed by the Nipomo Mesa Management Area Technical Group shows water levels dropping since before the year 2000.[7]

I have heard from long-term residents that our local aquifers are replenished every year, or in multiple years of ample rain.  Is this true?

No.  Our fresh water aquifers are replenished by natural rainfall, but current demand (even without additional urban development) is exceeding supply.  Recent studies show that our community is actually using twice as much water today as is being replenished by rain.  Safe pumping levels in the past allowed for aquifer replenishment.  This is no longer the case.  Today we are seeing an unmistakable drop in our fresh water supply.

What do studies say about our local groundwater level?

For over 30 years, studies have identified a water problem in our community.  A 1979 Study by the State of California Department of Water Resources (DWR) reported that groundwater levels were declining in all parts of the South County.  This condition was found to be a direct consequence of water demand exceeding the natural supply.[8]  In 1993, the DWR renewed and expanded this study.  In the early 2000s, a number of water resource evaluations were conducted by independent consultants,[9] and all of these studies have concluded that current water demand exceeds the natural supply.  The studies also say that continued over-use could lead to seawater intrusion into the fresh groundwater supply.

What will happen if we continue to use water at current levels?

If we continue using fresh water at current levels, the most likely result will be seawater intrusion from the Pacific Ocean moving progressively eastward inland into the aquifer under the Nipomo Mesa.  If seawater intrusion occurs in our community (as it has in other nearby coastal communities) it will ultimately contaminate our only water supply, making it unsafe and unusable for drinking and agriculture – this could trigger a drastic reduction in property values and impact the local economy.

Are water levels being measured at different points within the Groundwater Basin?

Yes. The County and local water agencies, including Nipomo Community Services measure groundwater level in more than 200 different wells throughout the Nipomo area. The representative ‘index’ of these water levels has trended down over the last several years.

We have been getting along with local wells for years.  Why is this a problem now?

Water demand across the Mesa has increased steadily for decades while the supply of water (groundwater) is linked to long-term average rainfall and remains essentially constant.  As long as there is sufficient groundwater in storage above sea level, there is no danger of seawater intrusion.  When fresh water well levels fall below sea level, salt water from the Pacific Ocean can contaminate the aquifer.  We know much more about the warning signals of seawater intrusion now that it has occurred along other areas of the Pacific Coast including neighboring communities.  We are seeing those warning signals (supply wells operating below sea level) now in Nipomo.  We must address this problem before seawater intrusion occurs, not after.

What about agriculture on the Nipomo Mesa and the Conoco Philips Refinery?

Large commercial growers and ConocoPhillips have their own water rights, and they pump their own water directly from the Santa Maria Groundwater Basin. The amount that they pump is based on their water rights and not under our control. However, the largest users of water in the Nipomo area currently are urban residential consumers. Further, urban use has increased steadily the past two decades and is projected to continue to increase in the future.

If seawater intrusion occurs – WHEN will it occur?

The exact timing cannot be determined, but every case of seawater intrusion has been preceded by aquifers being pumped below sea level.  The heaviest production wells in our community are either consistently or seasonally below sea level.  Once seawater contaminates an aquifer, reversing the damage is nearly impossible without a large additional (supplemental) water supply.  Most seawater intrusions are dealt with by 1) abandoning the contaminated water wells; 2) flooding the area with fresh water (unavailable to Nipomo); and 3) accessing an existing additional (supplemental) water supply (which Nipomo currently does not have).

If seawater intrusion does occur here, what can we expect? WHAT will happen?

If seawater intrusion occurs in the Santa Maria Groundwater Basin, we will have to stop pumping groundwater from the affected wells and severely curtail our demand on the groundwater basin.  Absent a supplemental supply, this would require significant reduction in water use across the Mesa.  Non-essential water uses (irrigation of landscapes, including golf courses and parks) would likely be curtailed or prohibited These restrictions could be in place for years and would significantly impact property values in the area.  The only viable way to avoid seawater intrusion is to reduce groundwater pumping before it happens (conservation) and import a supplemental source of fresh water to meet the existing demand.

Honestly, isn’t the threat of seawater intrusion many years down the road?

The threat of seawater intrusion is here and now.  While it is not possible to predict exactly when it will occur, the recent experience of our neighbors is a good guide.  By 2005, Los Osos had seawater intrusion over 1 mile inland.  By 2009, the seawater intrusion accelerated to 2 miles inland.  Within two years after of Oceano’s near-coastal well levels dropped below sea level, seawater intrusion was identified 1/2 mile inland — within just 1 mile of their municipal wells.

What other communities have experienced seawater intrusion and contamination?

As demand for fresh water increases, the available supply of fresh groundwater decreases and the groundwater table (level) lowers.  This has lead to a number of instances throughout the State where seawater has intruded into groundwater basins, contaminating local drinking water.  Close to home, the communities of Los Osos, Avila Beach, Ventura/Oxnard area, and the Monterey Bay area have all been forced to deal with difficult and expensive seawater intrusion issues.  Without careful planning and alternative options, the same thing could happen here.

Isn’t this a regional problem that is better dealt with by the State or the County?

No. This is a local problem that threatens the Santa Maria Groundwater basin as a whole and the Nipomo Mesa most seriously. All other water agencies that rely on the Santa Maria Basin have already developed supplemental water sources (reservoir and state water).  Urban water users on the Mesa must now make the same effort and commitment to develop supplemental water sources. When our neighbors in Oceano experienced seawater intrusion they significantly reduced groundwater pumping and used their supplemental water supplies to meet demand.

Can conservation of the existing water supply solve the groundwater shortage?

No.  Simply conserving water cannot solve this problem. Conservation does extend the current supply but it does not provide a supplemental supply or alternative supply. Nipomo area water conservation efforts are important and necessary–these efforts are already exceeding local and State conservation goals and expectations.[10]  Even with no new development in our community, we are still over taxing the water supply at our current level of use.  The fact is for over 20 years our community has over used the existing water supply.

How can I stay informed about the water shortage problem?

To learn more, visit www.NCSD.ca.gov or contact NCSD General Manager Michael S. LeBrun at (805) 929-1133 or email him at mlebrun@ncsd.ca.gov.

REV 072111

One of the critical issues facing Nipomo today is the protection of its water supply.  The Nipomo Community Services District has dedicated a portion of its website to education the public about the water issues currently facing  Nipomo.  As time permits I will post discussions about the proposed pipe line and the water issues facing Nipomo.

There is also a private group called Protect Mesa Water which is soliciting donations to promote the assessment district to pay for a water pipeline from Santa Maria to Nipomo and also to help pay advertising costs in support of that effort.

Media accounts across nation over the last weeks and months paint a portrait of an industry in decline all over California:  Medical Marijuana.  Starting with the Sacramento Bee there remain only eight stores, down from 99 that at one time operated in Sacramento County.  Sacramento City has frozen permit applications for new dispensaries, while Sacramento County is cracking down in the unincorporated areas:

It’s the twilight hour for medical marijuana dispensaries in Sacramento County.

Eight marijuana stores – from as many as 99 dispensaries that opened – are left. Dozens have closed in recent weeks amid fears of federal prosecution and aggressive actions by the county that include litigation and fines for building code violations.

The city of Sacramento has frozen permit applications for existing dispensaries, but has allowed most to stay. Sacramento County’s crackdown in the unincorporated areas, by contrast, is having a dramatic effect on California’s quickly shrinking medical marijuana industry.

The United Food and Commercials Workers Union, which launched a drive to unionize pot workers during the California dispensary boom, estimates 20 percent of marijuana stores statewide have gone out of business in less than a month.

The four United States’ Attorneys have threatened landlords of dispensaries with asset forfeiture and other legal actions, thereby lessening the allure of doing business in this murky drug trade:

Dan Rush, who directs the union’s medical cannabis division, said letters from California’s four U.S. attorneys threatening dispensary landlords with loss of their buildings put a chill on the trade.

“There is a high rate of people closing voluntarily,” Rush said. “They didn’t want to cause trouble for their landlords or they’re closing to get a chance to figure out how to come back in compliance.”

This is one of the reasons the Tri-M partnership has refused to do business with Mr. David Rosenthal, fear of losing their property.  Dispensaries are closing all over the state from Sacramento County to San Diego County, under the burden of the new federal crackdown:

In San Diego, nearly two-thirds of some 220 dispensaries have shut down amid threatened federal property seizures and city lawsuits.

Three well-known San Francisco dispensaries closed after receiving warning letters from U.S. Attorney Melinda Haag. California’s oldest dispensary, the Marin Alliance for Medical Marijuana, is fighting to stay in business and preparing to pull its cannabis products after a federal suit to seize the property. The dispensary offers other services, including magnetic massage therapy, physician evaluations and counseling.

“We need to move the marijuana very shortly. I don’t want to get the landlord in any more trouble,” said operator Lynette Shaw.

In Sacramento County, Chris Dean said he decided it was too risky to continue in the medical marijuana trade.

A former real estate agent and mortgage broker driven out by the market by the housing collapse, Dean opened the Paradise Wellness dispensary in Carmichael with two partners in May.

In October, they abruptly closed, days after the state’s U.S. attorneys held a Sacramento news conference to announce federal actions against California medical marijuana entrepreneurs.

“It didn’t look good. I was concerned about the safety of my employees,” Dean said. “I didn’t want to get anybody in trouble. I’m a lawful person.”

In Sacramento County, many marijuana stores had stayed open even as the county collected $91,000 in fines against businesses operating in violation of zoning codes. Two months ago, the county began threatening $1,000 daily fines against property owners for building code violations for unpermitted work that converted rental space to dispensaries.

Faced with monthly penalties of $30,000, “the property owners all of a sudden got interested in evicting their tenants,” said Steve Pedretti, the county’s director of building and code enforcement.

Dean said Paradise Wellness had stayed open despite orders to close in hopes that a political accord would be reached to allow dispensaries in Sacramento County.

“I was … thinking this was a cat and mouse game with the county in waiting to get a permit,” Dean said. Ultimately, “with the code enforcement people after us every day, I just felt there was too much opposition.”

The county also filed lawsuits against 11 dispensaries for zoning violations, winning court orders to close some and persuading others to voluntarily cease operating. Three suits are pending against open dispensaries, including the Arcade Wellness Collective on El Camino Avenue, the Herbal Connoisseur on Kitty Lane and Magnolia Wellness in Orangevale.

Rush said crackdowns on medical marijuana businesses statewide have cost as many as 5,000 jobs, including positions in dispensaries, construction, security and other support businesses.

Cannabis magazines and alternative weekly newspapers that got a surge in revenue from dispensary ads are feeling the downturn.

Jeff vonKaenel, publisher of the Sacramento News & Review, saw his circulation leap from from 74,000 to 89,000 as the weekly used medical marijuana advertising dollars to buy up hundreds of news racks it remade with original art and filled with papers.

On Aug. 25, the SN&R’s medical marijuana section – “The 420″ – featured 36 pages and 65 dispensary ads, plus listings for cannabis physicians, hydroponic supply stores and other services. On Nov. 23, the section totaled eight pages, with 11 ads for marijuana stores.

“We never thought medical marijuana (advertising) would be this strong and I never thought it would last this long, frankly, ” vonKaenel said. “We prepared ourselves for that. But I’m not kidding, it’s a blow for us. We’re going to have to prepare for a new reality.”

The Sacramento Bee, which began running medical cannabis business ads on Aug. 26 as a small advertising niche, peaked with four dispensary listings Sept. 16 and last had a marijuana store ad on Oct. 14.

About 25 of 38 dispensaries remain open in the city of Sacramento. The city, which collects a 4 percent tax on medical marijuana sales, froze applications for dispensary business permits but is allowing operators to stay open until Aug. 13.

Dispensaries in the city “are absolutely in a better place” than those in the county, said Caleb Counts, president of the Sacramento Alliance of Collectives.

But Counts said as many as 16 may have to move or close under city discussions to impose a 1,000-foot distance requirement from schools or parks. The new policy is being considered as federal prosecutors threaten to enforce U.S. laws that carry penalties of up to 40 years in prison for drug sales near such sites.

“I think everyone in Sacramento doesn’t know what to think right now,” said Counts, who runs the Fruitridge Health and Wellness Collective in south Sacramento.

Federal authorities in October filed marijuana distribution charges against operators of the R & R Wellness Collective in south Sacramento and raided another location, the MediZen Collective, on Northgate Boulevard. No charges have been filed in the second case. Several other Sacramento dispensaries received letters threatening federal seizures of the properties.

Medical marijuana advocates who challenged the federal actions in court were dealt a setback last week. U.S. District Judge Saundra Brown Armstrong declared she couldn’t stop federal sanctions against dispensaries because “marijuana remains illegal under federal law, and in Congress’ view, it has no medicinal value.”

This weekend, the Christian Science Monitor ran an excellent editorial on Medical Marijuana entitled:  The smokescreen of reclassifying pot for health.  Its main point is that the push for medical marijuana is nothing more than a well-monied national campaign to legalize all pot use:

Too many elected state leaders still fall for the idea that legalizing “medical” marijuana really isn’t about a well-monied national campaign to legalize all pot use.

And yet, truth be told, it is.

The latest twist in this ongoing political ruse is a request by two governors to have marijuana reclassified under federal drug law – even though such an effort is really a sideshow.

On Nov. 30, Gov. Chris Gregoire (D) of Washingtonand Gov. Lincoln Chafee (I) of Rhode Island asked theDrug Enforcement Administration (DEA) to change how marijuana is rated as a drug under the Controlled Substances Act. Their 106-page petition seeks to have cannabis designated for limited medical use – a category known as “Schedule II” – while still retaining its status as a harmful substance with a high potential for abuse.

The governors claim they simply want safe access to pot for the ill in the 16 states that have so far decriminalized pot for medical reasons. Both of them are frustrated by recent federal crackdowns on the trafficking of “medical” marijuana. To protect state employees and others from being prosecuted, they recently killed proposals passed by their legislatures to allow pot dispensaries.

Rather than simply uphold the federal ban, the governors have caved to powerful pro-pot forces that seek legalization through the backdoor. They know the DEA only last July decided not to remove marijuana from Schedule I – the most restrictive category – based on a lack of consensus in the medical field. The agency found “a material conflict of opinion among experts.”

And this was the third time in recent decades that the DEA has denied such a petition.

The federal crackdown picked up steam two months ago in California, where four US Attorneys decided to end the abuse of marijuana dispensaries by thousands of people who have few health problems. Many California dispensaries were also shipping pot around the country.

The raids in California and other states are not aimed at individuals using pot for medical reasons. Rather they are directed at those who profit from the growing or selling of pot – and who extend those sales way beyond “medical” use.

As DEA Administrator Michele Leonhart says, “The known risks of marijuana use have not been shown to be outweighed by specific benefits in well-controlled clinical trials that scientifically evaluate safety and efficacy.”

But of course, the real issue isn’t whether the medical use of pot makes sense (especially when smoked). Instead, governors should simply uphold federal law – and Obama administration policy – that finds marijuana has too many adverse effects.

States should not be frustrating federal law by playing into the hands of the pro-pot legalization campaign.

I happen to agree with the Monitor.   Again, the purpose of the federal crackdown is not aimed at or meant to keep sick individuals from benefiting from legitimate marijuana needs.  Rather, it is a direct result of the abuse inherent in an industry that thrives on making outrageous sums of money from selling a schedule one drug.  The money quote worth reposting:

The federal crackdown picked up steam two months ago in California, where four US Attorneys decided to end the abuse of marijuana dispensaries by thousands of people who have few health problems. Many California dispensaries were also shipping pot around the country.

The raids in California and other states are not aimed at individuals using pot for medical reasons. Rather they are directed at those who profit from the growing or selling of pot – and who extend those sales way beyond “medical” use.

Within the last two weeks the New York Times ran this story:   Medical Marijuana Industry Is Unnerved by U.S. Crackdown.  Some of the relevant points in the story include:

An intensifying federal crackdown on growers and sellers of state-authorized medical marijuana has badly shaken the billion-dollar industry, which has sprung up in California since voters approved medical use of the drug in 1996, and has highlighted the stark contradiction between federal and state policies.

A billion dollar industry.  That’s a lot of stage four cancer and glaucoma patients–isn’t it?

Federal law classifies the possession and sale of marijuana as a serious crime and does not grant exceptions for medical use, so the programs adopted here, in 15 other states and in the District of Columbia exist in an odd legal limbo.

Legal Limbo: This is exactly the primary problem.  The conflict between very clear federal law, and incredibly vague, ambiguous, and contradictory state law in California.

But in the last several weeks, federal prosecutors have raided or threatened to seize the property of scores of growers and dispensaries in California that, in some cases, are regarded by local officials as law-abiding models. At the same time, the Internal Revenue Service has levied large, disputed tax charges against the state’s largest dispensary, threatening its ability to continue.

Even dispensaries which local law enforcement thinks are appropriate may not be from the United States Justice Department’s view.  Do we really want to voluntarily inject this uncertainty and element into our local community?

“The federal and state laws exist in parallel universes,” said Thomas D. Allman, the Mendocino County sheriff, in his office in Ukiah. He is as tough as anyone on the illegal marijuana trade, he said, but “growing and using medical marijuana is a right of a California citizen.”

Now, he said, the 94 collectives that receive permits and plant tags from his office are frightened.

Parallel universe may be just a bit charitable given the circumstances.  The money these so called “legitimate” (under state law) and “non profit” “collectives” generate is mind numbing:

In Oakland, the state’s largest dispensary, Harborside Health Center, sells marijuana and derived products to more than 600 people a day, charging from $25 to $60 per one-eighth of an ounce, with a limit of two ounces per patient per week. Steve DeAngelo, the executive director, described that as “the maximum amount that a medical patient could legitimately consume in a week.”

Registered with the state as a not-for-profit cooperative, Harborside has 95,000 patient-members and 120 employees, takes in $22 million a year and is one of Oakland’s top 10 taxpayers, Mr. DeAngelo said.

In October, the Internal Revenue Service notified the center that it considered it a criminal drug-trafficking organization and said it could not deduct its rent, salaries, counseling and other operations as business expenses. It billed the center for $2.5 million in back taxes, which would destroy the company, said Mr. DeAngelo, who plans to fight the decision in court.

$22 million a year, placing it in the top 10 taxpayers in Oakland:  a stellar example of big business at its finest.

“We’re clearly breaking federal law every day, but we are faithfully following the laws of California and Oakland,” Mr. DeAngelo said. The Supreme Court has ruled that federal criminal law can prevail, but Mr. DeAngelo and others question the Justice Department’s priorities.

Again, a prime example of a California dispensary operating “legally” under the poorly drafted and even more poorly understood California law–but ripe for federal law enforcement and IRS action.   And, why are is the federal government cracking down?  The actual abuse of the intent of the law:

But federal justice officials say the real change is the proliferation of large, commercial enterprises, not their guidelines.

“A lot of the medical marijuana stores that claim to be nonprofit are making lots of money,” Benjamin B. Wagner, the United States attorney for the Eastern District of California, in Sacramento, said in an interview.

He added that prosecutors were skeptical about the medical needs of many buyers. “We’ve found in California that anybody can get a medical recommendation,” he said.

This is hardly a surprise to anyone–and provides further support for the Christian Science Monitor editorial above.  The final portions of the New York Time’s story again makes the strong case for the discrepency between the myths propogated by the medical marijuana industry and the reality of the every day situation:

Even many marijuana advocates agree that state laws governing medical marijuana are inadequate, largely leaving it to local officials to set rules for growing and selling that vary wildly by county. It is also an open secret that a share of doctor-approved buyers do not have plausible medical needs.

On Ocean Front Walk at Venice Beach, for example, touts compete to lure people into shabby clinics with names like Medical Kush Doctor, promising medical recommendations for $45.

“Why don’t they go after the bad actors?” asked Mr. Cohen, the Mendocino County grower. “I’m a strong advocate of tighter regulations.”

State Senator Mark Leno, a Democrat from San Francisco, is now working with Attorney General Harris to devise a state law that would establish more uniform and stringent rules for medical marijuana. But he condemned what he called the federal authorities’ “heavy-handed interventions.”

Even if the state tightens controls and pares back the industry, the central clash, between the federal war on drugs and California’s desire to offer medical marijuana, will remain.

Ms. Harris said she hoped that if the state improved oversight, federal officials would find other priorities. “I’m a career prosecutor,” she said, “and I know that everyone has a lot of obligations and limited resources.”

There are literally dozens more articles out there, from jurisdictions all over the state, setting forth the same facts, same ideas, and same reasons for the federal crackdown by law enforcement.  Unless and until  the federal government re-classifies marijuana from a schedule one drug to something else, federal and state laws will remain in conflict, with no one, including local state officials, being able to intelligently articulate what is or is not acceptable under federal law.

Marijuana dispensaries are in decline all of the state.  The federal government will continue in its law enforcement actions.  The IRS will continue levying fines and confiscating property.  Why on earth do we want to voluntarily inject this element into our local community?

I have no idea of the current status of Mr. David Rosenthal’s application to the county to open a pot dispensary in Nipomo.  I have requested clarification from county planning, but have heard nothing as of yet.  Based on Mr. Rosenthal’s presentation at the SCAC meeting on Monday 11/28/11, it is clear he intends to move forward as though his application is intact.

While the process moves forward, I think it is important to anticipate exactly what Mr. Rosenthal’s dispensary might look like.  Fortunately we have some idea based on Mr. Rosenthal’s current activities as an owner and/or operator of the TerraFarma 420 medical cannabis collective.  Based on his own website, Mr. Rosenthal already operates a county wide clinic via personal delivery service, providing marijuana to individuals all over San Luis Obispo County.  I’m not exactly certain why he needs a brick and mortar building in the Nipomo community given the current status of his TerraFarma 420 “collective.”

The first thing that struck me about Mr. Rosenthal’s current collective is it’s name.  Some names I’ve seen on the Internet based on quick Google searches turn up some of the following:  Herbal Choice Care Givers;  The Kind Alternative; Covington Holistic Medicine; MedCan Delivery; Greenlink Collective–to name just a few.  Instead of marketing his collective with a name related to medical or medicinal images, Mr. Rosenthal explicitly markets his collective with a direct link to the drug counterculture with the “420″ reference.  There is nothing in the name even suggesting it is being marketed toward sick people.  Rather it is a direct marketing reference to the drug counterculture. For some interesting background on the “420″ drug counterculture reference check out the links here, here, here, and here.  Is this the image we want to import into Nipomo at a local pot dispensary?  If you are marketing yourself as a medical or medicinal alternative, why specifically target the current drug counterculture?

What about inside?  How might our community pot dispensary look? Can you imagine row upon row of glass cases filled with the various pot samples available?  The following images are taken directly from Mr. Rosenthal’s TerraFarma 420 website here.

AFGHAN KUSH
Type:	Indica
Grade:	A+
Visual:	Uniquely light brown, node like fowers
Scent:	An earthy, pungeant skunky fragrance.
Taste/ Smoke:	A pure, smooth and lung expanding smoke. Effects felt immediately.
Overall:	Long lasting and stony. Pain and anxiety relieving. Recommended for appetite and stress relief.

.

SUPER LEMON HAZE
Type:	Sativa
Grade:	A++
Visual:	Large to medium compact buds, red hairs, crystals
Scent:	Spicy, earthy, slightly skunky
Taste/ Smoke:	Very smooth, crisp fragrant smoke with fruit undertones.
Overall:	Euphoric and uplifting, good choice for a focused, relaxed feeling.

.

CHERRY  KUSH
Type:	Indica
Grade:	A++
Visual:	Large dense buds
Scent:	Cherry and sweet fruit aroma
Taste/ Smoke:	Very reflective of how the buds smell, a pungent and rich taste strikes the senses. A very smooth smoke. The bomb!
Overall:	Intense body high good for pain, discomfort, stress relief

.

AK47
Type: Indica Grade: A+ Visual: Medium to large compact flowers Scent: Sweet earthy aroma Taste/ Smoke: Lung expanding with a thick pure smoke that reflects the smell of the bud. Overall: Recommended for pain relief, appetite and insomnia. Also works for stress. Although AK47 is an indica, this clear buzz will not leave patience disoriented or couch locked.

.

BLUE DREAM
Type:	Sativa Hybrid
Grade:	A
Visual:	Blue Dream is a beautifully compacted, multicolored bud. Light green with hues of orange, dark green, blue and white.
Scent:	A sweet smelling rich floral aroma as opposed to being citrucy or fruity.
Taste/ Smoke:	Blue Dream is one of the smoothest smoking cannabis strains. A warm flavor that accentuates the original scent.
Overall:	Blue Dream is recommended for depression, inducing creativity and relieving anxiety.

.

BLUEBERRY THAI
Type:	Sativa Hybrid
Grade:	A+
Visual:	Light green with purple undertones
Scent:	Earthy fragrance with a hint of pine
Taste/ Smoke:	Smooth and pleasant.
Overall:	This is an uplifting strain that will please those looking for a “head high”.

.

COTTON CANDY
Type:	Indica
Grade:	A+
Visual:	As the name suggests, this strain smokes sweet and fragrant. Purple with dark green undertones. Rich with red hairs and dark trichomes.
Scent:	A very rich, sweet floral aroma that is expressed with most purple stains.
Taste/ Smoke:	Reflective of it’s floral form,  a dark, rich tasting flavor. A lung expanding smoke.
Overall:	Recommended for any patient who suffers from body pains or headaches. Also works well for insomnia and appetite.

.

ORGANIC  WATER PROCESSED HASH
Type:	Mix of Indica strains
Description:	Dark Blonde – not sticky, dense
Visual:	Looks like hash
Scent:	Earthy floral smoothness
Taste/ Smoke:	Reflective of it’s floral form, this hash has a rich tasting flavor.
Overall:	Recommended for any patient who suffers from body pains or headaches. Also works well for insomnia and appetite.

For a more realistic vision the photos which follow are from actual marijuana clinics currently in operation or which at one time were actually in operation in other locations:

These were from a dispensary operating earlier this year in Longmont Colorado:

This is from inside the Starbudz medical- marijuana clinic which operated in North Hollywood until July 2011 when it was closed by the City Attorney’s Office:

You can Google marijuana clinics and see hundred’s of similar images.  This is the element Mr. Rosenthal wants to bring to Nipomo, with all the attendant and inherent legal, social, and drug related problems that plague marijuana dispensaries all over California.

Finally, it turns out medical cannabis advocates hold an annual medical cannabis competition in San Francisco.  For an interesting selection of photos of what goes on there, please see here, and here.

I am sorry Mr. Rosenthal suffers from lymphoma.  If he truly benefits from smoking marijuana, it appears given his current operating collective he will have a supply sufficient for his needs.  That is also true for the some 400 patients he claims he has helped over the last year.  He can continue to serve those individuals truly in need without coming to Nipomo.  I just don’t see any benefit to Nipomo bringing his current collective to a physical location in our community.  If you feel the same, let our 4th District Supervisor, Paul Teixeira know your thoughts.  His email address is pteixeira@co.slo.ca.us.

To read all prior Marijuana Dispensary posts click here, and scroll down.

More to come . . .