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Chapter 3 - (2nd Edition) CENSORED MEDICAL STUDIES |
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THE USE OF CIVIL ASSET FORFEITURE LAWS
(In the war against Medical Cannabis Patients)
PAGE 5
Landlords and the Free Enterprise system under Attack
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CITY OF SANTA ANA
PLANNING & BUILDING AGENCY
20 Civic Center Plaza
P.O. Box 1988 Santa Ana, Ca. 92702
www.santa-ana.org
MAYOR Miguel A. Pulido
MAYOR PRO TEM Claudia C. Alvarez
COUNCIL MEMBERS
P. David Benavides
Carlos Bustamante
Michele Martinez
Vicent F. Sarmiento
Sal Tinajero
INTERIM CITY MANAGER
Paul M. Walters
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Maria D. Hulzar
May 8, 2012
Mark Burcaw, D.C.
Martha Pesquera Burcaw, Trustees
1830 Port Taggart Pl.
Newport Beach, Ca. 92660
RE: Medical marijuana Dispensary Operating at 1638 E. 17th, Santa Ana
Dear Mr. And Mrs. Burcaw:
This office has been advised that there is a medical marijuana dispensary operating at the above address. This letter serves as notice that the operation of this medical marijuana dispensary violates City law and, accordingly, you must immediately cease engaging and/or permitting this unlawful activity.
On November 5, 2007, the city council adopted Ordinance No. 2758 adding Section 18-610 through 18-612 to Chapter 18 – Health and Sanitation and amending Sections 41-121 and 41-144 of Chapter 41 --- Zoning, to the Santa Ana Municipal code, which prohibited Medical Marijuana dispensaries. Santa Ana Municipal Code # 18-612 states: “It shall be unlawful for any person or entity to own, manage, conduct, or operate any medical marijuana dispensary or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any medical marijuana dispensary in the city.”
Under City law a medical marijuana dispensary’s operation involving the distribution of marijuana are subject to civil and criminal enforcement actions.
Although we do not enforce federal laws, under United States law, a dispensary’s operations involving sales and distribution of marijuana, regardless of whether the marijuana is dispensed for medicinal purposes, are illegal and may be subject to criminal prosecution and civil enforcement actions. Property involved in such operations has been subject to seizure by and forfeiture to the United States, and the U.S. Attorney’s Office is actively pursuing enforcement action against these illegal operations. Furthermore, attached to this letter as Exhibit “A” is a copy of a letter from U.S. Attorney’s Office to an owner of property used as a medical marijuana dispensary.
The name, address, ownership, and other relevant information concerning the above-referenced marijuana dispensary has been turned over by the City to the United States Attorney’s office for the Central District of California.
If you have any questions, please do not hesitate to contact me at (714) 667-2780.
Sincerely.
(signed) Alvaro Nunez
Community Preservation Coordinator
Planning & Building Agency
AN:rb
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