Los Angeles Marijuana Dispensaries

February 29, 2012

Confusing Regulations Holding Back Medical Marijuana in Los Angeles

Back in 2003, the state’s Legislature passed Senate Bill 420. Under this bill, regulations and limitations were placed on the medical marijuana industry in California. Just a year after, Oakland decided to pass an ordinance that required dispensaries to have licenses and only allowed 4 licenses in the city. Today, there are four booming dispensaries. Oakland City is now looking into doubling the limit, according to the LA Weekly.

“The Oakland ordinance has never been challenged because Oakland was on the ball — they were ahead of it,” says David Berger, a vocal critic of L.A.’s crackdown.

Our medical marijuana lawyers understand that there are more than 50 cities across the state, in addition to other localities,that have created regulations which have yet to be challenged in court. Los Angeles is a different story. Back in 2005, there were and few dispensaries in the city and people were hesitant to invest their money into a business that DEA officials could raid.

For more than 15 years now, City Hall in Los Angeles has not been able to create a working ordinance to regulate the medical marijuana industry. Instead, it has sat back and watched West Hollywood, San Francisco, Oakland and elsewhere enact regulations, and then proceed to stall, fumble, dither, misplay, mismanage and eventually overact.

What most people were concerned about was investing their money into companies that weren’t legal under city law. At least with a law in place protecting their ventures in the area, they could have had some defense against the feds.

With not enough regulations in place, activists and dispensary owners begged the City Attorney, Rocky Delgadillo, for some fort of ordinance to help them out. They wanted to be sure that LAPD was not going to come after them and they wanted regulations to help keep new dispensaries out of the area.

At one point, Delgadillo told owners there would never be regulations in LA because the industry was illegal under federal law.

Later in 2007, the City Council made a change. They made an interim ordinance that allowed new dispensaries and existing ones to register with the City Clerk. More than 180 dispensaries did just that.

That plan didn’t really work though. Some say that the ordinance drew in a surge of new business owners into the city because of a loophole in the language. In 2009, the LA area officially had more dispensaries than Starbucks.

Carmen Trutanich, L.A. City Attorney points out that what’s important about SB 420 is that dispensaries cannot sell the product. In that case, you would need to be a primary health provider or a group of users who are growing the product together and share the costs. The problem with it now, says Trutanich, is that people are growing, selling and getting rich, causing a headache of faulty regulations.

Either way, it has been apparent that City officials have botched the medical marijuana issue at every step of the way and dispensaries continue to sit in limbo with varying regulations throughout the state — throughout a state that legalized the medicine.
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February 28, 2012

Could Oakland Regulation Benefit Los Angeles Medical Marijuana Industry?

By Cannabis Law Group

As Los Angeles city leaders have struggled to get a hold on the medical marijuana industry, recent news articles have laid out the botched regulation efforts made and how the city is now attempting to prohibit medical marijuana with a ban.

A city subcommittee recently approved a ban of dispensaries and now the measure will go to the full city council in a matter of weeks. The council is split on the issue, but some believe the measure may pass.

It is astounding that despite this industry being around for more than 15 years after voters agreed they wanted to be able to use medical marijuana in Los Angeles to relieve pain for their severe ailments, city leaders are still trying to get rid of it altogether. For a city that tries to tell the world that it’s progressive, authorities are going in the wrong direction.

Los Angeles medical marijuana lawyers have been standing up against these injustices, fighting on behalf of medical marijuana users, dispensaries, collectives, clubs and cooperatives. Without solid legal representation, city, county and federal leaders are attempting to run down these businesses.

If Los Angeles bans medical marijuana, it could set off a domino effect, leading to other cities and counties attempting to do the same. Despite state law clearly stating that medical marijuana is legal, federal laws, which conflict with state law, has led to additional pressure on this issue. Federal prosecutors have threatened to bring up criminal charges or impose civil penalties on businesses, landlords or users.

But the Highland Park-Mount Washington Patch suggests that regulation measures put into place in Oakland may serve as an example of how it could work for Los Angeles. Oakland’s city ordinance has never been banned, unlike the turmoil going on in Los Angeles right now. More than 50 California municipalities have created ordinances that have yet to be challenged.

So, it’s obvious some cities are doing this correctly. Medical marijuana leaders aren’t opposed to regulation. If it would end the frustrating pressure and threats, most people would be all for it.

Oakland’s city ordinance has some specific rules that could be a good compromise for Los Angeles:

Collectives can’t exceed three patient members
Four licensed dispensaries are allowed in the city
Dispensaries are limited to eight ounces and six mature and 12 immature plants per patient member
No on-site use

These are simple rules and while they come with issues. For example, a major Oakland dispensary was recently ordered to pay $2.5 million in back taxes because the company wasn’t allowed to use its sale as a standard tax deduction because marijuana is considered a federally banned substance.

But these rules have led to no legal action and far less confusion and frustration than patients and businesses in Los Angeles. Hopefully Los Angeles city leaders will take a step back, look at the situation and come to a sound conclusion before making a harsh decision of prohibition.
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February 26, 2012

Los Angeles Medical Marijuana Dispensaries Support MMRCT

By Cannabis Law Group

A number of Los Angeles Marijuana dispensaries are banding together in support of a bill that would establish statewide regulation for taxing and oversight of marijuana facilities.

The ultimate hope with the Medical Marijuana Regulation, Control and Taxation Act (MMRCT) would quell the legal battles these dispensaries have been fighting almost non-stop as a result of conflicting local, state and federal laws.

Our Los Angeles medical marijuana attorneys are encouraged by the cooperation they’ve seen among marijuana dispensaries to band together on an issue that affects them all. It’s rare to see such cooperation among competing business owners in other industries. Now if we could just get the politicians to use some common sense and obey the will of the voters.

These small business owners know that California voters made their choice clear when they approved marijuana for medical use in 1996. And yet they have been harassed by federal authorities and municipal leaders ever since.

MMRCT would essentially pave the way for a bureau, operated by the state government, that would work to enforce regulations concerning medical marijuana cultivation, manufacturing, lab testing, processing, transportation, sale and distribution.

The bureau would be titled the Bureau of Medical Marijuana Enforcement (BMME). It would be comprised of patient advocates, doctors, state authorities and other experts on the issue. Under the act, the agency would be subsidized by a 2.5 percent sales tax on any medical marijuana sale. It would fall under the umbrella of the state’s Department of Consumer Affairs, which is the same agency that regulates similar bureaus, like the California Medical Board and the Alcoholic Beverages Commission.

This is an agency that would be charged with overseeing inspections of dispensary sites, ensuring that each is following all state laws and regulations, specifically with regard to promotion, packaging, security and environmental practices. BMME officials could issue civil fines and penalties for violations.

The agency would further work to ensure that the rights of patients are protected, as they have not been by the courts and other entities since the approval of Proposition 215 — the ballot measure California voters passed in 1996. Voters at the time made their intentions obvious, yet their voice has not been respected.

Under MMRCT, any additional money that was raised, beyond what is required to run the BMME, would go to pay for medical marijuana grant programs, help for low-income patients, research on environmentally-friendly growing practices and the California Center for Medicinal Cannabis Research. The act would also explicitly outlaw the actions of doctors who prescribe marijuana for false or exaggerated ailments.

Also under MMRCT, all dispensaries would need to register with the BMME. Dispensaries that are already in business would be grandfathered in for at least three years. After that, they would have to apply for registration approval as well.

Additionally, municipal governments would be prohibited from impeding the operation of these legal, regulated businesses. Still, the bill would allow for reasonable zoning restrictions, as long as states allowed for at least one dispensary for every 50,000 people. This would hold standard unless a local government could prove that patients in that particular jurisdiction had adequate and legal access to medical marijuana by other means.
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February 26, 2012

Riverside Court Order Allows Medical Marijuana Collective to Remain Open

By Cannabis Law Group

A Riverside Superior Court Judge recently signed an order at the request of the city of Murrieta to ban a medical marijuana collective, but the wording was ambiguous and will allow the business to remain open, the club’s medical marijuana attorney says.

Riverside medical marijuana collectives have come under fire, as city, county and federal authorities have tried to shut them down. However, in cases where there is an effort to shut down a business, there must be legal representation.

An experienced Los Angeles medical marijuana attorney must be consulted during times like these. Residents involved in medical marijuana in California — whether users, dispensary owners or cooperative or collective workers — have rights. These rights must be protected.

In this case, the city of Murrieta, which is south of Riverside, requested an order against a medical marijuana collective that has only been open since January. The judge in this case agreed to issue an order, though the wording was left open to interpretation.

The judge wrote the club was to “immediately cease providing medical marijuana to more than two persons (at the club). The order also instructed the collective not to prevent city leaders from inspecting the premises.

The collective’s Los Angeles medical marijuana lawyers believe this wording allows the collective to stay open, simply serving one client at a time. The collective’s attorney told the North County Times that he is instructing the collective simply to schedule one client at a time so it can stay open.

While at first glance it may seem like a victory for the city, the wording allows for the collective to stay open, albeit with restrictions. While that may end up hurting business some, it still allows the collective to stay open and continue serving patients.

The order came after several court hearings. The first was in January, during which the city’s legal team attempted to shut the club down altogether. The most recent court hearing was scheduled so that the city could make a second run at attempting to change the wording of a potential order.

City leaders acknowledged that the “more than two persons” clause in the order was the city’s attempt to comply with state law while still enforcing the city’s current moratorium on marijuana dispensaries.

What this may do is allow more dispensaries and collectives to open in Murrieta. While the city will attempt to shut them down, this order sets precedent that as long as only one patient is seen at a time, they can remain open. It will be interesting to see if other cities throughout Riverside County face challenges based on this court order.

While there has been a lot of backlash lately in the medical marijuana world, not everyone is against patients and businesses. Many people, such as Los Angeles medical marijuana lawyers, recognize the medical value these businesses bring and they are working to uphold these people’s rights.
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February 24, 2012

California Medical Marijuana: Different Fed Response, Regulation Than Colorado

By Cannabis Law Group

The San Francisco Chronicle recently reported there are vast differences between how regulated the medical marijuana industry is in California compared to Colorado and how the federal response has varied.

Los Angeles medical marijuana dispensaries and collectives have come under pressure not only from federal prosecutors, who try to enforce conflicting federal and state laws, but also city leaders, who are caught in the middle.

Los Angeles medical marijuana lawyers have been able to represent users, growers, collectives and dispensaries who have had legal problems both from the federal government and local governments, each overstepping their bounds on this issue. As the conflicts are being played out in court, these medical marijuana supporters still have rights and can’t be treated poorly simply because things are in a strange spot.

According to the news article, Colorado medical marijuana leaders are confident that even in a perilous time where federal prosecutors are threatening civil lawsuits or criminal prosecution, their industry will thrive. Meanwhile, in California, cities and counties are split on how to regulate the industry and federal authorities are bringing pressure because state laws conflict with federal law.

In January, the U.S. attorney in Colorado sent letters to 23 of the 600 medical marijuana dispensaries statewide, telling them to relocate or close down if they were operating within 1,000 feet of a school.

But in California, federal authorities have threatened legal action to many medical marijuana businesses, including IRS action for not paying back taxes, forfeiture and other methods. Not only have businesses been threatened, but also landlords who offer the office space to these businesses.

In Colorado, dispensaries are forced to grow 70 percent of their marijuana on-site. Further, counties and cities can ban dispensaries, if they so choose. State auditors monitor business transactions and background checks to trash disposal is covered in a 77-page regulation manual.

The state also created a division of plainclothes law enforcement officers equipped with badges and guns to carry out on-site inspections — sometimes scheduled and other times surprise — to ensure that businesses are operating as they should. They also respond to complaints and investigate suspicious activity.

The problem with California’s setup is that only cities and counties regulate the industry beyond the state’s Department of Public Health, by issuing medical marijuana identification cards to patients and caregivers. Detractors say the lack of regulation is why illegal operations are creeping in and profiting off the law.

This is why Los Angeles medical marijuana officials are making an effort to create a ballot initiative that would create a regulatory board run by the state. Industry officials want regulation because it will help to stop detractors and city leaders, who aren’t sure how to properly deal with the industry. Hopefully, these continued efforts will help California’s medical marijuana users and businesses to keep striving even in a difficult time.
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February 22, 2012

San Jose Stops Efforts to Cut Down Medical Marijuana Dispensaries, But Will Step Up Enforcement

By Cannabis Law Group

San Jose city officials, citing a desire to cut down on the potential for a major legal battle, have decided to rescind a September ordinance to cut down on medical marijuana dispensaries. But, police say they will still be going after dispensaries that have garnered complaints or not paid taxes, ABC News is reporting.

Medical marijuana in California has been hit from every angle lately.

As officials wait on court cases to determine whether cities and counties can regulate this industry as they have been, much is up in the air.

Los Angeles medical marijuana lawyers have been following the news and trying to keep the public as informed as possible on our Marijuana Lawyer Blog. Because this is still a new business in California, the changes are coming fast.

San Jose officials passed a city ordinance in September limiting the number of collectives able to open in the city to 10 and required that medical marijuana dispensaries grow all their marijuana on-site. Opponents collected enough signatures to force the issue to a vote, but by city leaders rescinding the ordinance, police are now in power to enforce as they see fit, leaving industry officials feeling helpless.

Police are telling ABC News they will first begin enforcing laws against dispensaries that have received complaints from neighbors or that haven’t paid taxes. In San Jose, medical marijuana businesses are required to pay a 7 percent business tax put in place last year.

City leaders say there are 117 collectives that are operating within city limits. Only 54 have been paying the business tax. About 30 are paying their taxes sporadically, while another 32 have paid no taxes or haven’t filed.

While city leaders are trying to come up with some type of regulation, the general stance of medical marijuana dispensaries and collectives is that regulation is fine. It would be better to deal with taxes and a structured industry rather than have to wait to see what new law or loophole city and county leaders try to come up with to try to enforce laws.

City leaders told the news station they have struggled to come up with an ordinance that works since there are conflicting state and federal laws as well as ongoing court cases that have made regulating the industry difficult. Medical marijuana industry leaders have proposed a ballot initiative for November that would create a government board to set rules for the medical marijuana business.

This is just another effort that leaders are doing to work some type of compromise, 16 years after the industry was first put into place. Rather than continually dealing with frustrating law changes, shifts in policy and police harassment, users and sellers would be able to run their industry without constant interference. As time passes and courts work out these issues, the current struggle will look like a thing of the past. But it takes legal representation and challenges to mold the industry into become a model for the rest of the country.
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February 20, 2012

Riverside Asks Feds For Help Enforcing Medical Marijuana Laws

By Cannabis Law Group

More bad news out of Riverside.

As we previously reported on our Marijuana Lawyer Blog, a case out of Riverside will go to the California Supreme Court to determine if cities and counties can legally ban medical marijuana dispensaries.

Now, as if that wasn’t enough of an assault on the medical marijuana industry, The Press-Enterprise is reporting that city leaders have reached out to federal authorities to help enforce medical marijuana restrictions there.

Medical marijuana in Riverside is a hotbed of controversy, much like in other places throughout the state. Despite voters making it known that they wanted medical marijuana to be an option as pain medication in 1996, cities and counties have decided to try to go against the will of the people.

Our Riverside medical marijuana lawyers have been able to represent many Riverside medical marijuana dispensaries, collectives and patients who have been caught up in this political nightmare. All of these groups have rights under state law that must be upheld.

In Riverside, as if the mounting pressure from the federal government wasn’t already enough, city leaders have decided to specifically asked federal prosecutors to enforce the government’s marijuana ban in their city.

In Riverside, medical marijuana dispensaries have been forbidden by local zoning laws.
Since 2010, the city has sought to shut down businesses by filing civil lawsuits against them. The city brags they have shut down about 30 small businesses this way.

Even though medical marijuana is legal under California law, city leaders have decided they don’t want to help patients who may require this medication to help stop the pain from debilitating illnesses. The major conflict comes with federal law, which states that all marijuana is illegal.

Local dispensaries have been shut down in recent weeks and prosecutors have sent out warning letters in an attempt to intimidate businesses. Federal authorities have said they will file civil or criminal actions against operators as well as landlords who provide office space.

City leaders have decided they want this to happen in Riverside. Despite a court case that is still pending that determines whether any of this action is legal or not, they are trying to rid the city of these businesses before the court case is decided. Using misstated facts, the city attorney and police chief told federal prosecutors that the businesses are for profit and attract crime. I guess they must want every convenience store or late-night business shut down as well.

City leaders are begging for federal help because federal authorities carry certain authority, such as seizing assets, that local law enforcement cannot do. The crackdown on legally operating medical marijuana dispensaries is causing patients to seek illegal sources for their medication.

In essence, while law enforcement agents believe they are stopping crime by involving the government and shutting down these businesses, they are actually encouraging crime. Medical marijuana patients have chosen this form of medication because it’s often less expensive and has fewer side effects. But authorities continue trying to stop this industry from thriving for no justifiable reason.
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February 15, 2012

Los Angeles Medical Marijuana Testing May Be Newest Area to Come Under Fire

By Cannabis Law Group

A recent Los Angeles Times article looks at the industry of testing marijuana to determine if it is medical quality and opines that this may be the next area of the Los Angeles medical marijuana industry to take heat from the government.

Los Angeles medical marijuana lawyers understand that medical marijuana testing, while unregulated, is important to ensure this industry is viewed as legitimate by others throughout the state.

Ever since voters in 1996 overwhelmingly said they wanted medical marijuana as an available option for those with ailments and illnesses, the industry has had many detractors. Soon, government officials became involved in the process of trying to put more pressure on medical marijuana dispensaries and collectives.

According to the news article, private labs that test marijuana are a new industry in California, one that uses the high-pressure liquid chromatograph to determine what ingredients or contaminants may be in the samples. Dozens have opened in recent years to try to test what is inside this form of medicine.

The idea around the industry is that because marijuana dispensaries often post their menus online, where licensed users can shop to get the most potent form of marijuana for the money they’re spending, these dispensaries should have proof to show what’s inside their weed. Because pharmaceutical companies are required to undergo testing and prove the amount of ingredients in their pills, the marijuana industry should as well.

However, because all marijuana possession is illegal under federal law — which contradicts California state law — these labs, too, are vulnerable for prosecution, just like growers and dispensaries. The newspaper reports that a lab in Colorado attempted to get a license from the Drug Enforcement Administration and was raided by federal agents.

The same week, Los Angeles city leaders told dispensaries they had to test their marijuana by independent labs that were also certified, though it’s unclear who is supposed to provide certification. Also, there are no federal standards for what level of pesticides are allowable in marijuana, as it’s considered contraband.

Some of these lab workers have banded together to form an association in an attempt to create guidelines, standards and methods. They are hopeful, the newspaper reports, of advancing the science of their work to include figuring out how marijuana actually produces its physiological and psychological effects on users.

Many in the medical marijuana industry will welcome these new developments, as it could be another step toward legitimizing this field in the minds of those who are opposed to it. At the same time, with labs largely unregulated themselves, putting stock in the results they produce could be difficult.

These are the growing pains of a fairly new industry. Los Angeles medical marijuana lawyers are fully prepared to represent those involved in this growing field, whether businesses or users. As law enforcement officers attempt to make arrests and federal authorities try to crack down, these people require sound legal advice and representation.
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February 13, 2012

Former State Senator Says Los Angeles Medical Marijuana Should Be For-Profit

By Cannabis Law Group

A former state senator who was instrumental in writing the 2003 SB 420 that defined how Los Angeles medical marijuana would be cultivated and dispensed now says it was never meant to be a non-profit venture.

Former State Sen. John Vasconcellos recently wrote a letter stating that lawmakers never intended for the medical marijuana industry to be stuck in a place where they couldn’t make money. The debate over medical marijuana is one in which many different interest groups have become involved, and among the major points by those opposed to the movement is that the industry shouldn’t be for-profit.

As pointed out in the letter, however, the legislative intent was not that medical marijuana dispensaries and collectives be restricted in this way. Los Angeles medical marijuana attorneys don’t think it makes sense to create an industry and then not allow businesses to make a profit.

While there has been much made about this issue, it is among the more minor problems that industry officials have been dealing with. Federal pressure has led to many dispensaries shutting down and local government leaders have been hesitant to extend permits and licensing to people in the industry as a result.

An LA Weekly article recently reported on the senator’s letter, stating that he wrote the letter intended to clarify the spirit of the law and what lawmakers hoped to accomplish by writing it seven years after citizens voted to allow the legalization of marijuana. He wrote that the bill wasn’t designed to “authorize any individual or group to cultivate or distribute marijuana for profit.”

The language wasn’t intended to specifically ban people from making a profit off of medical marijuana. He called the people who have harped on this point using a “marked misinterpretation of the language” to support their views. He said lawmakers from both sides of the aisle looked at all the arguments for and against making it a for-profit industry when writing up the law.

He said the law would have clearly stated that medical marijuana workers couldn’t make a profit if that were the intention of lawmakers. The matter of collectives and cooperatives are actually governed by a separate section of the law and it doesn’t mention profit or not-for-profit language at all. The area that has the language in question actually applies to activity of individual patients, caregivers and others who provide assistance to people who use medical marijuana.

It’s surprising that nine years after the law went into effect, lawmakers have stood by as this issue continues to be a problem in the industry. Perhaps it takes retiring to speak out against problems of a political nature.

But, the LA Weekly article says the point could be moot as cities and counties rush to ban pot shops even as industry leaders attempt to put together a ballot initiative that would help regulate the 16-year-old industry. Changes are moving fast and that’s even more of a reason to have legal representation. The voters want medical marijuana in California and our Los Angeles medical marijuana attorneys will fight for it.
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February 11, 2012

Los Angeles Man With Medical Marijuana License Arrested on Flight

By Cannabis Law Group

A 43-year-old man from Los Angeles was arrested in New Jersey after he allegedly smoked marijuana on a flight from Florida to Newark, The Star-Ledger reports.

This has become a somewhat common problem for people who are licensed to use medical marijuana in Los Angeles because of various ailments. While they may be able to use this drug to help them in California, they can face legal trouble when traveling.

Our Los Angeles medical marijuana lawyers believe that everyone’s rights should be upheld in criminal proceedings that revolve around medical marijuana allegations. If people are arrested in other states and possess pills but have legal prescriptions, they don’t face scrutiny.

Medical marijuana is different and users understand that. In many cases, marijuana is less expensive and has fewer side effects than hardcore narcotic drugs. But prescription drugs are more acceptable in many communities and under the laws of other states, so there are fewer arrests when people abuse those substances.

On our Marijuana Lawyer Blog recently, we reported on the arrest of Los Angeles rapper Snoop Dogg, who was pulled over on a tour bus in Texas at the Mexico border.

In that case, he, too, has an official license to use marijuana in California. But because Texas has different laws — that don’t include using medical marijuana for patients — he was arrested. He now has pending charges in that state.

In this situation, the man was inside the bathroom on the flight when the trip from Orlando to Newark began landing in New Jersey. A flight attendant knocked on the door of the bathroom and when the man came out, the flight attendant reported smelling a strong odor of marijuana.

The man allegedly told police who met him inside the terminal gate that he is allowed to use marijuana for medical use. He then allegedly pulled out a pipe and a baggie of marijuana. Police then arrested him.

A spokesman for the port authority police told the newspaper that no smoking is allowed on any commercial flight, regardless of the reason. That is based on federal laws for flying.

The man now faces charges of possession of less than 50 grams of a controlled dangerous substance and possession of drug paraphernalia. The man was later released. The newspaper reported that efforts to reach the man were unsuccessful.

This is a problem that many Californians run into because marijuana is the drug they use to relieve pain from which they are suffering. While they could get prescriptions for more powerful and more dangerous drugs, they choose marijuana sometimes because it is cheaper and also because it is less damaging.

Despite this, sometimes people can be punished if they travel with the drug and attempt to use it in states where it isn’t allowable. This is the unfair truth about medical marijuana. Patients who are suffering from ailments must hide in order to use their pain killer while others can pop a pill without scrutiny or suspicious looks.
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