Marijuana dispensary will fight unfavorable ruling

VISTA — CKS Organic medical marijuana dispensary must remain closed until its future trial date. Judge Jacqueline Stern of Vista Superior Court upheld the tentative ruling for the dispensary to cease and desist operations on Aug. 5.
Attorney Katherine Clifton, who represents Kenneth Halbert, director of CKS Organic, said her client will now file a claim against the city of Oceanside and City Attorney John Mullen.
“We’ll file an elder abuse case against the city for not allowing them legal medicine,” Clifton said.
Clifton said elder North County patients who get their medical marijuana at CKS Organic will now be forced to buy their medicine on the street.
“They’ll have to participate in a criminal transaction if they want to get their medication,” she said.
Halbert is over 65. He is a retired Marine who served two tours in the Vietnam War and earned two Purple Hearts. He uses medical marijuana to relieve physical pain from war injuries and severe post-traumatic stress syndrome.
“We want to keep it safe for some people to get their medicine,” Clifton said. “It’s not a bunch of 20 year old guys looking for a party. It’s the elderly and sick.”
Once the claim is filed the city will have 45 days to reply. It is likely that both the charge for the dispensary to permanently shut down and the charge of elder abuse against the city will be heard simultaneously.
A court date has not yet been set.

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  1. Sandler says:

    How much money and time did this city spend on closing down shop that are hiring people in this economy, shops paying taxes, providing a safe place for the Ill to get better. Why Why Why
    What is Osides gain, it’s 0 nothing.
    The city attorney is a loser for wasting 100′s of thousands for a stupid cause that is not helping anyone.
    I will not for for Woods this time around as he did not help this at all or stand up for what the people want.
    Ticket them if they case a problem, fine them if they don’t follow the rules, tax tax tax them, even a city tax, but come on this not the wild west. And by the way I never even smoke a joint in my life 43 years.

  2. MedicalMarijuanaHoax says:

    “Medical” marijuana is a hoax; plain and simple. And pot shops are a ploy to allow easy access to any pot addict and making the pot shops owners wealthy from selling a toxic and cancer causing weed to anyone who wants it. The following article is from Edward Gogek, a addiction psychiatrist, who explains the abuse occurring with Arizona’s marijuana law:
    Arizona’s marijuana law has been in effect for three months and registered more than 7,500 patients, and the numbers suggest they’re almost all recreational users.
    Proposition 203 was sold to Arizona with ads about cancer victims, but most medical-marijuana patients don’t have major diseases. Only 18 percent of cardholders got marijuana for cancer, glaucoma, hepatitis, Crohn’s disease or HIV. Instead, 85 percent got their pot for chronic pain. (There’s some overlap.)
    Pain is a common medical problem that requires treatment, but as every practicing physician knows, it’s also the favorite complaint of drug addicts.
    It’s easy to fake and impossible to disprove. And a simple demographic comparison suggests that most of the people claiming pain on Arizona’s marijuana registry are not telling the truth.
    When I ask doctors who treat pain, they tell me that slightly more of their patients are female.
    A review of 23 studies, published this year, confirmed that result: Women are more likely than men to seek medical help for chronic pain. One very good study, done in Australia, found that women with chronic pain outnumbered men 55 percent to 45 percent. Medical-marijuana patients should have a similar ratio.
    There are other illnesses for which people are prescribed marijuana, with gender ratios ranging from 36 percent male in multiple sclerosis to 75 percent male in HIV.
    But patients claiming pain make up such a large percentage of marijuana cardholders that even if all the rest of the patients had illnesses that were 75 percent male, it would barely shift the expected ratio.
    It would go from slightly more women than men to equal numbers of each.
    So if all of Arizona’s medical-marijuana patients are genuinely ill and requesting marijuana only to relieve suffering, at most, half should be men.
    On the other hand, if these patients are really drug abusers who are only pretending to be seriously ill, men will make up a much higher percentage.
    Substance abuse, especially in adults, is primarily a male disorder.
    According to the latest data from the National Survey of Drug Use and Health, 74 percent of adults who meet criteria for cannabis abuse or dependence are male. So if medical-marijuana patients are drug abusers who primarily want marijuana to get high, around three-fourths will be men.
    And that’s exactly what we find. The Arizona Department of Health Services website says 75 percent of the medical-marijuana applicants are male. The odds of this happening by chance are less than one in a trillion.
    The most plausible explanation is that nearly all of these patients are faking or exaggerating their problems. They might have pain or other serious illnesses, but that¹s not why they’re using marijuana.
    If they’re substance abusers, and the data says the vast majority probably are, then they’re using pot to get high and the illnesses are just an excuse.
    According to the numbers released so far, medical marijuana in Arizona is barely medical at all. It’s almost entirely a program of recreational use.

  3. Concerned Citizen says:

    A jury is to be the trier of fact, not the judge. The jury is able to determine in a more objective and balanced manner, whether testimony is “staged.” Judge Stern’s unilateral decisions are unfair. She was originally in Family Court, where juries are not allowed, so she’s used to being “the final authority.” This power has corrupted her.

    Judge Jacqueline Stern is not honorable. In our experience, Judge Stern is one of the worst judges in North County. She is not objective, but favors cities or other “higher authorities” over the people she should be serving. She doesn’t honor the Rules of Court when it comes to discovery. She struck out our motion asking that she should step down, rather than verifying, under oath, that she is not prejudiced.

    Please, when she comes up for reelection, vote against Jacqueline Stern. Judges usually run unopposed, but I hope some qualified lawyer will step up to the plate so that Stern can be voted out of judicial office. She has reached her highest point of inefficiency and lack of accountability to the people above whom she sits on high issuing inequitable judicial opinions, giving out orders that fly in the face of the rule of law, disregarding human suffering.

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