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PENDING LEGAL QUESTIONS <br />Law enforcement agencies throughout the state, as well as their legislative bodies, have been <br />struggling with how to reconcile the Compassionate Use Act ("CUA"), Cal. Health & Safety <br />Code secs. 11362.5, et seq., with the federal Controlled Substances Act ("CSA"), 21 U.S.C. sec. <br />801, et seq., for some time. Pertinent questions follow. <br />QUESTION <br />1. Is it possible for a storefront marijuana dispensary to be legally operated <br />under the Compassionate Use Act of 1996 (Health & Saf. Code sec. 11362.5) <br />and the Medical Marijuana Program Act (Health & Saf. Code secs. 11362.7- <br />11362.83? <br />ANSWER <br />1. Storefront marijuana dispensaries may be legally operated under the CUA <br />and the Medical Marijuana Program Act ("MMPA"), Cal. Health & Safety <br />Code secs. 11362.7-11362.83, as long as they are "cooperatives" under the <br />MMPA. <br />ANALYSIS <br />The question posed does not specify what services or products are available at a "storefront" <br />marijuana dispensary. The question also does not specify the business structure of a <br />"dispensary." A "dispensary" is often commonly used nowadays as a generic term for a facility <br />that distributes medical marijuana. <br />The term "dispensary" is also used specifically to refer to marijuana facilities that are operated <br />more like a retail establishment, that are open to the public and often "sell" medical marijuana to <br />qualified patients or caregivers. By use of the term "store front dispensary," the question may be <br />presuming that this type of facility is being operated. For purposes of this analysis, we will <br />assume that a "dispensary" is a generic term that does not contemplate any particular business <br />structure.' Based on that assumption, a "dispensary" might provide "assistance to a qualified <br />patient or a person with an identification card, or his or her designated primary caregiver, in <br />administering medical marijuana to the qualified patient or person or acquiring the skills <br />necessary to cultivate or administer marijuana for medical purposes to the qualified patient or <br />person" and be within the permissible limits of the CUA and the MMPA. (Cal. Health & Safety <br />Code sec. 11362.765 (b)(3).) <br />' As the term "dispensary" is commonly used and understood, marijuana dispensaries <br />would not be permitted under the CUA or the MMPA, since they "sell" medical marijuana and <br />are not operated as true "cooperatives." <br />© 2009 California Police Chiefs Assn. 31 All Rights Reserved <br />65A-92