MORONGO VALLEY MARIJUANA DISPENSARY: A CLOSE LOOK AT THE LAW

Questions have been raised about the legality of medical marijuana dispensaries in unincorporated areas of the county. Under federal law, marijuana—whether it’s purpose is recreational or medicinal—is illegal, but state and local authorities do not enforce the federal law. State law allows medical marijuana dispensaries—provided they don’t make a profit. San Bernardino County permits residents to grow and possess medical marijuana for medicinal use, but collectives and dispensaries in unincorporated areas are prohibited. County code enforcement officer Doug Lorenman said the County was aware of an unpermitted medical marijuana dispensary in the 49700 block of 29 Palms Highway in Morongo Valley, but would not comment specifically on what the County is doing or has done about it. But he did say that typically, the County will fine a dispensary’s owner and landlord for operating without a permit, which the owner can’t get without a state license, and the state will only give a license to home health care facilities that have beds in them for patients. The amount of the fines range from $100 to $500, and increase by 50 percent if they become delinquent. In February, the California Supreme Court heard a case in which the primary question was whether municipal governments have the authority under state law to ban medical marijuana dispensaries. The Court’s decision is expected in the new few weeks.