Articles Posted in California Marijuana Dispensaries

While a judge rejected requests for a restraining order to prevent the closure of hundreds of medical marijuana dispensaries in the Los Angeles area, a large number of legal challenges remain to the city’s decision to unfairly target just some of the city’s medical marijuana dispensaries.

The Los Angeles medical marijuana lawyers at the Cannabis Law Group represent many of the 64 dispensaries that have filed lawsuits against the city. The ordinance will force the closure of about 450 legal businesses beginning Monday. The group offers reasonable legal fees and urges marijuana dispensaries to join the fight by calling today for a legal consultation.

The Cannabis Law Group has filed suits demanding a jury trial on the issues and claiming the Los Angeles City ordinance violates the California Constitution and a host of basic legal rights, including illegal seizure without just compensation, violation of due process rights, violation of equal protection rights, and invasion of privacy.

We do not believe any city has the right to create laws against legal businesses in direct violation of the laws of California, including the Medical Marijuana Act and the Compassionate Use Act. Additionally, by targeting only marijuana dispensaries that have opened since November 2007, the city’s law is grossly unfair to one set of businesses, while favoring similar businesses with reduced competition and the legal means to remain open.

The Los Angeles city council is severely restricting access to medical marijuana for legitimately ill patients who have a legal right to it under California law. Our lawsuits seek economic damages from the City of Los Angeles for lost revenue arising from each day these legal businesses are forced to remain closed.

While the request for a restraining order to prevent the closure of dispensaries was denied in Superior Court on Friday, the lawsuits remain before the court, including the issue of discrimination of newer dispensaries inherent in the city ordinance. In addition to closing shops opened after November 2007, the city ordinance also prohibits shops from being within 1,000 feet of schools, parks, public gathering places or residential areas. The ordinance is expected to force the closure of about 400 medical marijuana dispensaries in Los Angeles, and leave between 70 and 130 in operation.

Violating the ordinance could result in a $1,000 fine and six month in jail, with daily fines of $2,500 for dispensaries that remain open.
Continue reading

Los Angeles medical marijuana attorneys for the Cannabis Law Group are in court this morning to seek temporary restraining orders to prevent city officials from closing marijuana dispensaries under a new ordinance that takes effect on Monday.

The Cannabis Law Group represents many of the Los Angeles marijuana dispensaries suing the city. The group offers reasonable legal fees and believes there is strength in numbers as dispensaries stand up and fight for their rights. The Los Angeles Times reports that 16 lawsuits involving 64 dispensaries have thus far been filed. The new ordinance, which took city council two years to pass, would force about 450 dispensaries to close.

“I know the subject of marijuana has been a taboo subject for a long time, but it’s a legal business,” said Vincent Howard, one of the founding members of Orange County business litigation and criminal defense law firm HOWARD | NASSIRI P.C. which does business as CANNABIS LAW GROUP. “People should be allowed to move forward and open these businesses. It’s not up to the cities to change California law.”

The ordinance would prohibit all marijuana businesses from operating except those registered with the city by November 13, 2007, which would allow 186 businesses to continue to operate legally. Of those, about 137 are expected to remain open and will be given six months to comply with the new city ordinance.

The judge hearing the case ruled previously that City Council failed to follow proper procedures when it extended the moratorium and declared the ban illegal. Los Angeles marijuana dispensaries that opened after the ban have used the ruling to challenge the ordinance. He has been critical of the city’s plan to reduce the number of dispensaries via the 2007 cutoff.

Los Angeles’ ordinance also bans dispensaries from operating within 1,000 feet of so-called “sensitive areas,” including parks and schools, or from operating next to residential property.

The Los Angeles medical marijuana lawyers at the Cannabis Law Group remain dedicated to protecting the rights of legally operating medical marijuana growers, distributors and their patients against the overreaching actions of cities throughout the Los Angeles area. No city should be allowed to enact restrictions, ordinances or other hindrances to business operating legally under California law.
Continue reading