Another Proposed L.A. Pot Shop Regulation Measure

Once again, medical marijuana activists are seeking a measure that demonstrates responsible, self regulation on the industry, which is currently in limbo in Los Angeles, following the recent repeal of council’s pot shop ban.

Los Angeles medical marijuana lawyers understand that this group, Angelenos for Safe Access Committee, recently filed paperwork with the city indicating its intent to put the issue of medical marijuana storefront regulation before voters in L.A. city next spring. Among the measures proposed would be zoning limits and mandated background checks for storefront marijuana dispensary employees.

This is actually one of a few efforts initiated by members of the medical marijuana community. As we previously reported in our Los Angeles Marijuana Lawyer Blog, the Union for Medical Cannabis Patients proposed two alternative regulation plans for council members to consider. That measure included requirements to maintain proper tax records, refund excess cash to members, keep up with building codes, restrictions on hours of operation, have adequate security at night, allow local police inside at any time, restrict access to minors, limit the number of patients to 100 and bar felons from operating a facility.

This was a measure that is intended to before council for a vote. The latest measure would be something that would be put to voters. That is, if it can get enough signatures. The group is hopeful, considering the overwhelming and lightning-fast citizen response received on requests to repeal the initial ban.

The proposed initiative is entitled the Regulation of Medical Marijuana for Safe Neighborhoods and Safe Access. The ultimate goal is essentially to create some semblance of order and clear guidelines for marijuana dispensary owner where a void has been left by the repeal of the most recent ban.

Among those stipulations of the proposal:

Those operating a medical marijuana collective would pay a business tax of $60 for every $1,000 of gross receipts. (The current tax rate is $50 per $1,000). The gross receipts would include any in-kind contributions, reimbursements or anything else of value obtained by the collective.
Marijuana collectives would be immune to prohibition, as laid forth in Section 45.19.6.2 and the remedies spelled out in Los Angeles Municipal Code section 11.00, which include criminal prosecutions, so long as they comply with certain requirements.
Among those requirements mandated are the provision to register with the city. Priority registration would be given to those operations that have abided by local and state laws, conduct background checks on employees and operate with the approval of their landlord.
The collective would be required to hold a valid and current state Board of Equalization seller’s permit.
The collective would be barred from operation within 1,000 feet of a school or 500 feet of a public park, library, child care facility, substance abuse rehabilitation center, church, youth center or another collective.

Regardless of which proposal may ultimately be successful, self-regulation is obviously preferable to the overly-restrictive policies previously laid forth by local legislators.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:
Marijuana Initiative Would Regulate Pot Shops, Increase Dispensary Tax in L.A., Oct. 12, 2012, By Dennis Romero, L.A. Weekly
More Blog Entries:
Fair Regulation Was Never Resisted by Legitimate Dispensaries and Patients, Oct. 11, 2012, Los Angeles Medical Marijuana Lawyer Blog
Los Angeles Medical Marijuana Patients’ Union Proposes Replacement Ordinances, Oct. 1, 2012, Los Angeles Medical Marijuana Lawyer Blog