Cannabis Law Group's Medical Marijuana Legal Blog
Los Angeles medical marijuana attorney says city lawsuit is premature
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.
The CANNABIS LAW GROUP is a law firm dedicated to the rights of medical marijuana patients, collectives and growers and has built a reputation for high-powered, aggressive legal representation of the medical marijuana industry in Southern California. Call 949-375-4734 for a confidential consultation to discuss your rights.