Los Angeles Marijuana Dispensaries

September 23, 2010

Politcians in Orange County and Los Angeles focus on medical marijuana instead of doing the real work in their communities

The Los Angeles Times reports on the frustration of medical marijuana dispensaries in Orange County when it comes to attempting to get permits through the county.

With the anti-marijuana crowd screaming about the likelihood of Proposition 19 passing, the reasons are obvious: Having spent years throwing up bureaucratic roadblocks to hinder the availability of medical marijuana, they face the very real possibility of a fed-up public voting to straight-up legalize it.

Our Orange County marijuana defense attorneys reported this week on our Marijuana Lawyer Blog that Orange County supervisors failed to pass a marijuana dispensary moratorium. The move would have banned new dispensaries or those dispensaries operating without a permit — which, as it turns out, is all 11 of them, according to the Orange County Register. Only 1 dispensary is attempting to comply with the permit process.

The West County Patient Collective Assn. packed up and moved, it had been strung along by the county permitting process in a case of selective discrimination. The anti-marijuana crowd claim the businesses are taking advantage of the lack of laws governing marijuana dispensaries in the county.

This process simply should not be left to a patchwork of local legislation passed by part-time politicians. Perhaps if we could pass a rule that the issue can be taken up only by politicians who have passed a balanced budget that includes a tax cut to voters. By those with nothing better to do, in other words. Instead, we get amateur laws passed by city councils who get media publicity on a controversial topic while city finances are a mess and important issues languish without attention.

The Times reports many of the 34 cities have restricted collectives, which have moved into small unincorporated areas of the county for survival. If marijuana becomes legal in November, we are willing to bet it will be these same politicians that are eventually screaming that they are not getting their fare share of the tax revenue … having spent the better part of the last term screaming about pot smokers instead of focusing on the important issues facing their communities.
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September 10, 2010

Patients and shop owners rally at city hall against Los Angeles medical marijuana ordinance

By Cannabis Law Group

Sellers and patients rallied at City Hall after the Los Angeles medical marijuana ordinance threatens to close all but about 50 of the city’s legally operating dispensaries, the Los Angeles Times reported.

Our Los Angeles dispensary attorneys reported on our Marijuana Lawyer Blog earlier this month that only 41 dispensaries have passed muster and would be allowed to remain open. More than 500 were operating when the ordinance went into effect on June 7. Even the city had planned to leave about 140 operating — the number is so low that it would trigger a lottery system so that a minimum of 70 shops could operate in the city.

Under threat of dozens of lawsuit, some of which have been filed by the CANNABIS LAW GROUP, the city has returned to court to ask a judge to approve its plan to close so many businesses that are legally operating under state law.

About 80 operators and advocates rallied at city hall asking council to intervene.

One of the primary issues forcing the closure of dispensaries is a clause requiring the same management. So that even a change in personnel, such as hiring or firing a manager, could force a business’ closure.

One patient with a Jack Russell service animal said the ordinance restricts patients to one dispensary and her collective had been declared ineligible because of a change in management.
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September 4, 2010

City’s poor administration of marijuana dispensary ordinance bound for dozens of courtroom challenges

By Cannabis Law Group

While the intent of the city’s marijuana dispensary ordinance was to rout allegedly unscrupulous dispensaries, the ordinance is devastating Southern California’s legal medical marijuana industry, the Los Angeles Times reported.

As our L.A. marijuana defense lawyers reported recently on our Marijuana Lawyer Blog, the city has so badly botched the enforcement of its ordinance that only a city, state or federal bureaucracy could forge ahead with a straight face.

Hoping to leave about 140 dispensaries operating, only 41 have passed muster. So few, in fact, that it would trigger a lottery system for the remaining licenses as even the city’s own objective was to leave at least 70 dispensaries operating. Such a verdict so devastates what is a legal industry in the state of California, that the city has now asked a judge to sanction its craziness.

The ordinance has snared some of the dispensaries that have tried the hardest to adhere to the rules, along with some of the most politically active operators who run what are considered to be model dispensaries.

Part of the problem is that the change in management of an otherwise approved dispensary will result in closure. As will being located within 1,000 feet of a so-called “sensitive area,” which includes playgrounds, residential areas and parks.

The change in management clause is being so strictly applied by the city that a dispensary that has been legally operating for years could be forced to close if it fires or hires staff, or if its manager quits.

The Los Angeles medical marijuana dispensary lawyers at the CANNABIS LAW GROUP are representing more than a dozen collectives throughout the Los Angeles area.
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September 1, 2010

Los Angeles sheriff blames medical marijuana dispensaries for being crime victims

By Cannabis Law Group

The Los Angeles County Sheriff is attacking the entire marijuana dispensary industry in the wake of last week’s triple murder in West Hollywood, according to the Los Angeles Times.

Our Los Angeles marijuana dispensary attorneys believe this is dangerously close to blaming the victim. Actually, it is blaming the victim. Dispensaries, like banks and the convenient store industry, can be targeted by criminals because of the presence of cash. If law enforcement has ever blamed banks for the high robbery rate, we missed it.

The sheriff’s contention that the dispensary industry is a tool used by the criminal element to make money and get drugs is erroneous. In fact, legalizing marijuana –whether for medicinal or recreational use — has the opposite effect; it takes the money-making potential out of the hands of the criminals and returns it to the state.

The Times notes the sheriff did not provide any specific examples but mentions several high-profile killings this summer, including the deaths of workers in Echo Park and Hollywood during apparent robberies earlier this summer.

Having targeted this legal industry for discrimination and forced closure, local law enforcement has not overtly stated that it is essentially a criminal enterprise. Our medical marijuana patients and legitimate business owners could not disagree more.

And we’ll see you in court.
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August 27, 2010

City’s has turned its marijuana ordinance into a circus; time to put a tent over it

By Cannabis Law Group

Only about 41 medical marijuana dispensaries are eligible to remain open in Los Angeles, according to the Los Angeles Times.

That means the city’s ordinance targets for closure more than 9 out of every 10 marijuana collectives. As our L.A. medical marijuana attorneys continue to report, it will be imperative for dispensaries to seek experienced and legal representation to protect their patients and their livelihoods from the overreaching impact of the city’s ordinance.

Initially, the city reported the ordinance would allow about 140 of the more than 500 collectives to remain in operation. Now, the number is so low, city officials have asked a judge to intervene and add legitimacy to the fiasco by ruling that the city’s process is legal.

The city already faces more than 30 lawsuits that have been filed by about 85 dispensaries. The Los Angeles marijuana dispensary lawyers at the CANNABIS LAW GROUP are representing more than a dozen businesses in the Los Angeles area and urge collectives to call to discuss their rights.

As we reported on our Marijuana Lawyer Blog, Attorney Damian Nassiri argues the city has violated its own process by suing 128 collectives instead of issuing a list and allowing pre-inspections for those collectives who were allowed to register to remain open as originally promised.

Judge Anthony J. Mohr is presiding over the lawsuits and has a Sept. 21 hearing set on constitutional issues. It is unclear when he might rule on the city’s lawsuit.

Under the initial ordinance, about 130 dispensaries were expected to remain open. If the number falls below 70, additional dispensaries would be chosen for a license through a lottery system. However, the city’s location requirements are so strict it is unclear whether they would be able to find an acceptable location in which to operate.

The city now reports that 128 of 169 dispensaries that applied to remain open have failed to satisfy the city’s criteria.

Here is a map of Los Angeles marijuana dispensaries.
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August 26, 2010

Los Angeles medical marijuana attorney says city lawsuit is premature

By Cannabis Law Group

The city attorney has asked a judge to support a move to shut down about 130 Los Angeles medical marijuana dispensaries, the Associated Press reported.

Los Angeles Medical Marijuana Attorney Damian Nassiri said the city has jumped the gun by filing the lawsuit instead of issuing the list and permitting collectives to respond.

The city claimed surprise upon discovering that the ordinance that went into effect on June 7 would only permit 41 pot shops. The city had aimed to allow at least 70 and as many as 140 were expected to pass muster. So the city was off by 75 percent. Any wonder why the budget is a mess?

Now the city wants a judge to sanction its craziness. With more than 80 lawsuits filed by dozens of dispensaries, officials apparently have enough sense to be concerned about the liability of forcing hundreds of legitimate businesses to close without the blessings of a judge.

“We know of at least one collective that is being denied because it has added a new corporate officer, a Secretary. This is not a disqualifying factor,” Nassiri said. “Another thing here is that this lawsuit seems to be premature in that the Court has not ruled on whether this ordinance is even valid. That is the subject of our current lawsuit and one which the City should allow to be determined. The City is putting the cart before the horse. And they are squandering taxpayer’s money to boot.”

The Los Angeles marijuana dispensary lawyers at the CANNABIS LAW GROUP are representing more than a dozen collectives in the Los Angeles area and offers confidential appointments to collectives looking to fight the ordinance.

The city’s letter permits these businesses to remain open pending the court decision. If the number of dispensaries falls below 70, the city would hold a lottery to issue operating licenses to the remaining dispensaries. However, the strict nature of the ordinance, which prohibits dispensaries from being located within 1,000 feet of many areas, including schools, parks and residential neighborhoods, calls into question whether new dispensaries could find legal locations in which to operate.
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August 2, 2010

Long Beach set to tax marijuana dispensaries; short-sighted Los Angeles politicians clinging to lack of vision

By Cannabis Law Group

The City of Long Beach is set to approve a tax of recreational marijuana, should voters approve Proposition 19 on the November ballot, the Press-Telegram reported.

Our Los Angeles dispensary defense lawyers and Long Beach marijuana attorneys continue to report the proactive measures being taken by local city governments even as the antiquated leadership of Los Angeles attempts to close medical marijuana dispensaries. Should marijuana be legalized in November, city and county governments would be permitted to reap millions in tax dollars. However, Los Angeles is presently attempting to drive its legal medical marijuana dispensaries out of business.

Long Beach’s measure would tax medical marijuana dispensaries as well, regardless of whether the legalization initiative passes.

Long Beach is facing a projected budget deficit of $18.5 million and additional deficits are expected in each year through 2014. Under new and existing measures, marijuana collectives in Long Beach would be required to pay $15,742 in permit fees. Many of the collectives believe those fees are excessive and that taxing medical marijuana could keep it from patients in need.

We certainly understand their concerns and don’t believe marijuana collectives or any other legal businesses should be subjected to excessive taxation. But neither do we believe they should be driven out of business by short-sighted politicians who forgo the benefits of tax revenue while targeting legally operating businesses for closure.
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July 29, 2010

Los Angeles stands out for anti-medical marijuana stance even as state moves toward legalization

By Cannabis Law Group

An excellent report on CNBC contrasts the mood of California communities in dealing with the medical marijuana issue.

As we reported on our Marijuana Lawyer Blog, the City of Oakland has voted to create four industrial-size marijuana growing operations as it embraces both medical marijuana and the prospect of marijuana’s legalization should Proposition 19 pass this November.

Northern California’s mood contrasts sharply to the mood in Southern California, as local governments throughout the Los Angeles area move to force legal medical marijuana dispensaries out of business. Our Los Angeles dispensary lawyers and Riverside dispensary defense attorneys represent more than a dozen medical marijuana businesses that are targeted for closure by local ordinance.

Los Angeles, Los Angeles County, Riverside, Riverside County and San Bernardino County are among the local government entities that are either attempting to force the closure of medical marijuana dispensaries, or are determined to prevent them from establishing a presence. In the City of Los Angeles alone, about 400 legally operating marijuana dispensaries have been targeted for closure.

The State Board of Equalization estimates California’s marijuana industry is currently valued at $15 billion a year, bringing in about $1.5 billion in tax revenue. Supporters also contend that legalization would take income out of the hands of gangs and reduce drug violence, in much the same way as ending prohibition.

Then there is the “tens of millions” the state could save on jail and prison costs and the economic benefit from tourism and job creation.

Still, as we have reported, one of the largest unknowns in the equation is what the response would be from the federal government. The legalization of marijuana in California would violate international treaties and would likely serve to fuel the illegal marijuana markets in the rest of the nation.
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July 22, 2010

Oakland votes to grow marijuana – Los Angeles continues losing battle

By Cannabis Law Group

Even as the nearly bankrupt City of Los Angeles spends millions of dollars attacking its legal medical marijuana industry, the City of Oakland is moving to become the first city in the state to permit industrial marijuana production, according to the Los Angeles Times.

As our Los Angeles marijuana dispensary attorneys fight for the legal rights of marijuana collectives in the face of the city’s move to force their closure, Oakland’s groundbreaking decision will likely lead to the commercialization of marijuana on a large scale.

And, while Los Angeles city officials attempt to turn back time, Oakland is looking forward and will permit four enormous pot factories to operate under city supervision, likely leading to millions, if not billions, in tax revenue, job creation and other economic benefits.

“This is a monumental step forward,” said Dale Gieringer, an Oakland resident and the longtime head of California NORML, which backs the legalization of marijuana. “It really means moving into the era of industrial-scale operations, and Oakland means to do it big.”

The move puts Oakland at the forefront of the issue, instead of trying to crack down on cultivation, it will control the issue by cultivating its own. Berkeley is the only other city to take such a step, asking voters in November to approve six industrial operations.

Even Oakland’s city attorney advised leaders that the move was not legal under state law and could even put the city in the position of being busted by federal drug enforcement officers, despite a memo by the Obama Administration that seeks to take a hands-off attitude to the enforcement of marijuana laws in states where state and federal law conflict.

Most of the opposition came from a patchwork of independent marijuana growers. Council decided to accommodate the growers, who supply some of the $28 million worth of marijuana sold in the city’s four dispensaries, by promising to craft a plan that will keep them in business alongside the four large-scale, city-sanctioned operations.
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July 8, 2010

Police unit assembled to raid Los Angeles medical marijuana dispensaries

By Cannabis Law Group

A new team has been established at the Los Angeles Police Department to aggressively target medical marijuana dispensaries that are remaining open in defiance of a new city ordinance, the L.A. Times reported.

The Los Angeles Marijuana Dispensary Lawyers at the CANNABIS LAW GROUP are providing aggressive representation to dispensaries and collectives that are targeted for closure under the new ordinance. The city law, which took effect last month, seeks to close dispensaries that have opened since the city adopted a moratorium in 2007. The law seeks to close more than 400 shops, while permitting about 100 to continue operating. Shops must also comply with strict new laws governing their location, including a prohibition on operating near parks, schools or residential areas.

As we reported this week on our Marijuana Lawyer Blog, Los Angeles County is also moving aggressively to prevent marijuana collectives from moving into unincorporated Los Angeles County. And the District Attorney’s office has announced intentions to pursue collectives who seek to survive and serve patients by operating as delivery services. The result is a legal industry that is under attack in Southern California. We believe there is strength in numbers and urge marijuana collectives to seek an immediate consultation with an experienced Los Angeles marijuana dispensary attorney to protect their rights.

Authorities say the new unit will immediately begin targeting collectives believed to be operating in defiance of the ordinance.

“This is a high priority for the City Council and a high priority for the city attorney, so it’s a high priority for us,” said Capt. Kevin McCarthy, head of the Gang and Narcotics Division.

The Times reports police are using undercover narcotics officers and raid vans to target businesses. In one case on Colorado Boulevard, minvans and SUVs pulled up out front, plainclothes officers fanned out. Startled security guards were disarmed as police covered the door using scoped rifles and phoned the store to announce the raid. Security guards, employees and customers were led out with their hands in the air.

Owners and employees were arrested and more than 40 pounds of legal medical marijuana and $17,000 in cash was seized.

While the ordinance allows for civil fines and jail time against owners, city leaders say that is a costly, ponderous and ineffective process. Instead, they are settling for raids and the seizure of cash and product.

It is unclear how or why city authorities believe they have the legal rights to conduct such raids. But the department has assembled a team of 8 narcotics officers to target dispensaries the city contends are operating illegally.

The city is also targeted dispensaries for raids based on citizen complaints. Though it is unclear whether the citizens know which dispensaries are targeted for closures. While the Times and other outlets have posted lists, the city has been forced to change the list at least once due to clerical errors.
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