Cited: LA Daily News
Pot shop owners around Los Angeles are getting ready to fight the city’s three-month crackdown on the hundreds of dispensaries of medical marijuana. Proposition 215, that was voted into law in 1996, legalized marijuana for medical use. These pot vendors are ready to take their battle to court! Stuart Richlin the attorney representing more than 100 vendors, believes the vendors who have been or are about to be closed are entitled to monetary damages. The only alternative is a court injunction allowing them to reopen or stale.
“State law (permits), without equivocation, the cultivation, transportation and distribution of medical marijuana,” Richlin said, “and these cities now need to be forced by a judge and court to comply with the law.
“These are not criminals. They are patients and centers treating patients.”
But city officials say they are pressing ahead with the crackdown launched in June, when regulators began reviewing applications for permits to operate the dispensaries.
They say a majority of the dispensaries are lucrative cash businesses that require customers to provide little or no proof of medical need. And because the dispensaries have mushroomed throughout the city, they are now attracting crime and violence.
City Councilman Dennis Zine noted that armed robbers are targeting the dispensaries, including a heist this month at a Woodland Hills clinic, where an operator was shot during a holdup.
“Police have now connected suspects to three robberies at (Valley) dispensaries,” Zine said. “These have become attractive to robbers because there are a lot of cash transactions, and robbers figure they’re easy hits.”
Zine is on the council’s Planning, Land Use and Management committee that has been overseeing the permit review. The committee has so far denied all of the three dozen or so applications.
“What was designed as a compassionate use act has been turned into a cash cow,” he said. “The law has been abused by the greed of people there to make a quick buck.”
Zine said officials intend to close down the hundreds of dispensaries that have sprung up — often several within a few blocks — and to leave in place only enough to serve the legitimate needs of patients.
Marc Kent, director of a clinic in Woodland Hills and a spokesman for a citywide coalition of dispensaries, said the clinics whose applications have been denied have simply followed the advice of city officials who informed them that filing an application would allow them to remain open.
According to Kent, the coalition intends Los Angeles Marijuana Collective Association chairman Marc Kent photographed at a Woodland Hills marijuana collective on Aug. 26, 2009. (Hans Gutknecht/Staff Photographer)
to seek an injunction against the city to keep it from closing the medical marijuana clinics whose applications have been rejected.
Kent said his coalition is hiring a law firm to represent them. He said dispensary operators believe their due process rights were violated because they received short notice of the hearings and were given only a few minutes to make their case — with city officials virtually spending no time weighing the testimony.
City Councilman Ed Reyes, who chairs the council’s Planning, Land Use and Management committee, denied accusations that the dispensary applicants were railroaded.
State law requires only 72 hours notice to place items on an agenda, Reyes said, and officials carefully considered each application.
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Most of the requests were denied because the dispensaries did not register with the city by the deadline in 2007. Once the requests are denied, the city can take legal steps to force the clinics to close. Reyes said he intends to whittle away at the hardship exemption applications, holding hearings in the council on a dozen or more at a time.
In 2003, the state established legal protections for medical-marijuana users who were issued a doctor’s prescription. By 2007, when Los Angeles had almost 200 dispensaries permitted under state law, the City Attorney’s Office issued a moratorium to block new establishments until the city adopted a new ordinance.
Since then, 533 other dispensaries have opened without getting full authorization from the city by using a “hardship exemption” loophole. In all, according to industry and city estimates, the number of dispensaries in Los Angeles total about 800. By comparison, San Francisco has only about 30 dispensaries.
Among the San Fernando Valley dispensaries, whose applications were denied were Aloha Spirit Organic Consumables in Reseda, West Coast Holistic Institute in Canoga Park, The Grasshopper 215 in Woodland Hills, and Hope Collective in Winnetka.
None of the applications considered since June have been approved. JJ Popowich, president of the Winnetka Neighborhood Council, applauded the rejection of the Hope Collective in Winnetka, which had worked to shut it down.
“It’s closed and boarded up,” Popowich said. “The kicker was location. It was next to a liquor store and right around the corner from a topless bar and less than two blocks away from a school.”
Officials said it is unknown how many of the dispensaries are considered to be operating legitimately but added most operate in violation of the moratorium.
Amy Weiss of Sherman Oaks, owner of the Buds on Melrose clinic in Los Angeles, disagrees.
“We are going to fight back because we’ve followed all the guidelines, everything (we’re) supposed to do, but the city has failed to give us due process,” Weiss said.
Weiss, who belongs to the coalition of dispensaries seeking to sue the city, said she believes her business typifies the clinics that have opened with good intentions.
“We started because my mom had breast cancer,” Weiss said. “She’s a survivor and when she went through her ordeal we couldn’t find a (clinic) that catered to women and was sensitive to their needs.
“So we decided to open a collective that would be a safe haven for breast cancer patients, though we also cater to other patients.”
Dispensary operators and advocates of medical marijuana clinics argue that the city’s crackdown runs counter to the Obama administration’s position on the issue.
In February, Attorney General Eric Holder announced that the Justice Department would no longer raid medical marijuana dispensaries that are established legally under state law.
It was a fulfillment of a campaign promise by President Barack Obama, and marked a major shift from the previous administration.
City officials hope a new medical marijuana ordinance will help establish clear rules for everyone and make it much easier to monitor the industry. But no one is certain when they’ll get around to creating one.
“We’re working on an ordinance to comply with Proposition 215 Compassionate Use Act to allow marijuana for medical use,” Zine said. “But we’re not going to have three or four (marijuana) dispensaries on the same block.”
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My Take: I was wondering when all this shit would start! I was living in California at the time proposition 215 came on the books and I voted for it. The reason I voted for it is that marijuana does help people who have medical conditions such as cancer and other ailments that cause a lot of pain as well as cause problems from the medication to take for their condition. At the time, my roommate was a cancer patient and the medication she took really caused her more problems. However, when she would smoke a joint, she felt better and the medication was able to do its work.
The one thing I remember about the controversy was right after it was put into law, the politicians made it illegal for a doctor to prescribe marijuana. However, they could write a letter stating that they would prescribe it if they were legally able to. This at least gave the patient the ability to go to one of the pot shops and get marijuana.
If the politicians would just realize that if marijuana was regulated as a prescribe narcotic, they would have more control over it. However, they are not thinking of that. They are thinking about what kind of votes to get or not get at the next election.
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