D.A. will prosecute medical marijuana dispensaries -- even if L.A. does not ban sales [Updated]

Dist. Atty. Steve Cooley said today he will prosecute dispensaries that sell medical marijuana even if the Los Angeles City Council adopts an ordinance that does not ban such sales.

On Monday, two council committees rejected the city attorney’s advice and changed a provision in the proposed ordinance, allowing cash transactions as long as they complied with state law.

“Undermining those laws via their ordinance powers is counterproductive, and, quite frankly, we’re ignoring them. They are absolutely so irrelevant it’s not funny,” Cooley said.

Cooley said state law and state court decisions have made it clear that collectives cannot sell marijuana at dispensaries.

He reiterated his view that most, if not all, dispensaries in the county were in violation of the law. “We don’t know of one that’s not engaging in just over-the-counter sales,” he said.

The district attorney said his office was already prosecuting some dispensaries, and he promised to step up efforts next month. Cooley said he decided to weigh in today because he was irritated that the council had ignored the advice of the city attorney, Carmen Trutanich.

“What the City Council is doing is beyond meaningless and irrelevant,” he said.

The district attorney’s view could complicate the City Council’s deliberations. The council is scheduled to consider the ordinance Wednesday, more than four years after it first began to study the issue of dispensaries.

“These guys over there, God love them, are four years into this, and they won’t listen to their good lawyer,” Cooley said. “They’re sort of doing their own thing.”

[Updated at 12:58 p.m.: Councilman Ed Reyes, who has overseen the development of the city’s ordinance, said he did not think Cooley’s comments would cause the council to rethink whether to allow sales. “This is not about Cooley versus Reyes, or Cooley versus the council. This is about the quality of life. We all have better things to do than to do this legal jousting,” he said.

Reyes said the law was not clear on the issue. “We’ll let the courts decide,” he said. “We are trying our very best to work with a system that is very vague at this moment.”

He also noted that Cooley and Trutanich were allies and that both spoke at a training session for narcotics officers focused on eradicating dispensaries. “We’re here to serve the people, not to serve each other’s political agenda,” he said. “It makes no sense to play political football with people’s lives.”

Once the council acts on the issue, Reyes said, “We expect the city attorney to vigorously defend our medical marijuana ordinance.”]  

-- John Hoeffel

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Comments

[Walter Moore]

Villaraigosa and the City Council believe they are above the law. The Supremacy Clause is inverted in L.A.: local law trumps state and federal law. Whether the issue is illegal drugs or illegal aliens, the Philosopher Kings of Spring Street are not bound by the laws of mere mortals.

[Luke Lukenhiemen]

Wait until it comes out that cannaboid receptors are found in all cancer tumors. All future forms of chemo will involve THC. Give it a year ...you will see.

Marijuana aint going anywhere.

[2 cents]

good for him! - in my opinion the group of "medical users" appears to perfectly overlay the recreational group - hmm...

[Turnaround]

Cooley is turning into the Lou Dobbs of district attorneys.

The people of California have already voiced their opinion on this issue.

Cooly should focus his energy--paid for with our tax money--on crimes that have real, identifiable victims.

Otherwise, he is out of step with the voters of California, and it's time for him to to step down.

[Christopher Stone]

"Good lawyer." LOL. The same good lawyer who wanted to throw our elected officials in jail for daring to ask why the L.A. Live shouldn't have digital billboards.

Instead of wasting everyone's time threatening to prosecute something that will never go away, why not focus on taxing the sales and using the revenue to improve the city?

[Michael]

I understand that the DA wants to combat drug dealing under the guise of medical marijuana, but any dispensary that operated in some other way (ie donating labor to be a member) would only make it harder for those who really need the medication like those undergoing chemotherapy or people confined to wheelchairs.

[frontsight]

“These guys over there, God love them, are four years into this, and they won’t listen to their good lawyer,” Cooley said. “They’re sort of doing their own thing.”

WOW

[Doug]

Kudos to Steve Cooley. He has ignored the political wrangling between the Council members and taken a bold stand. The selling of over-the-counter MJ by collectives is illegal. Period. People don't want this junk sold in their neighborhoods.

If West Hollywood as a city wants to permit it, the DA's Office may well enforce the State law over their objections. This action by an agressive DA is refreshing and long overdue. City Attorney Trutanich tried his best to do what was right and got no where.

[Paul]

Wow. I guess if you find yourself on the wrong side of an issue the thing to do is plant a larger flag. Good luck getting re-elected Cooley.

[mrlewish]

Any way that the DA can relieved of duty for insubordination to the city council (when the council is within the performance of their legal duties) and the DA goes against locally passed ordinances outside of the scope of higher California law?

[MDAVID]

We all know what must be done. Cooley will soon be battling a recall.

[Rocco]

Would somebody please start a recall petition for this clown?

[mana]

steve cooley your an idiot!!!!!

[calypso catteraugus]

our state and county are essentially bankrupt and yet our moronic public officials are spending what little money is left in the public coffers to prosecute potheads? we can't even keep our schools or hospitals open! this is a largely non-violent offense that provides medicinal product to chronically ill patients and also involves viable businesses that create jobs and tax revenue. is it just me who sees this as an incredible waste of time and effort? not to mention the fact that the citizenry voted decisively on this issue and even the u.s. attorney general has dropped this issue as a major focal point. i don't see cooley in power for much longer -- this guy and his administration are totally out of touch with reality and public sentiment.

[Luke C]

I have always been under the impression that in America you had to break a law to be prosecuted. I guess I was misinformed.

[roger watts]

time to recall the DA

[Ronin]

Perhaps the DA should start taking the advice of the voters and the city council before he spends a lot of money from the tax payers for his political agenda. Better yet, perhaps it's time for a new DA?

[jpc1]

Wow what are wrong with these city attorneys. At what point do they forget who their real boss is? It is the people. This guy Cooley and that insane Republican lesbian in San Diego, Dumanis, are running around like Yosemite Sams. They completely ignore that (1) voters passed this initiative over a decade ago (2) the courts have consistently ruled in favor of the medical marijuana law (3) the public has consistently supported access to medical marijuana (4) the City Council of L.A. doesn't even agree with the city attorneys.

But they keep pressing on, like some modern-era Don Quixotes. Just embarrassing and what a waste of our taxpayer money. What is funny is that it is always a Republican screaming bloody murder about medical marijuana. These self-proclaimed champions of state rights and free market capitalism really show their true colors with this issue.

But who is advising these city attorneys? They are usually the ones doing the advising. Is anyone advising them that this path is not a wise one, not the right one? You work for the voters, respect the voters, the voters are your boss. Anyone talking any sense to these people. Oh yeah, they are Republicans, forgot.

[dsirias]

Who is this guy? The Bud should be legalized and taxed. This dude is seriously going against the will of his constituents. Vote him out. We don't need a 20th century cowboy politician in the 21st century.

[Alan D]

This headline should read "Steve Cooley going rouge." Can this guy figure out another way to waste my tax money on something more serious? He is aware of an out of control gang problem this city has right? What about the hard drugs, weapons and prostitution that these gangs control? I haven't looked, but I am willing to bet Steve Cooley gets campaign money from Pharmaceuticals. Who thinks that is outlandish?

[Christian Pastor]

Mr Cooley is a tyrant and a bigot who is steeped in modern day slave trading by way of raiding black villiages and shipping them off to private prisons for free labor for greedy ceo's. Follow the money. The war on drugs is not about public safety its about neoslavery.

[Dennis]

THANKS STEVE COOLEY...GO GET THEM. The gang bangers are already targeting and robbing the marijuana shops and bringing crime into neighborhoods.

[Worried Catholic]

Who the hell is this guy who feels he can tell people who to live their life regardless of the people's wants and needs?!?!?!? This sounds to me like another prop 8-like battle. VOTE HIM OUT!!! By the way I say legalize marijuana and legalize gay marriage. I do not agree with any of those but they do not hurt me or us in anyway so let it be. Remember separation of church and state, when voting leave your religious views behind and vote for the well being of humanity, not the enforcement of your religious rhetoric.

[sean]

guess i just don't understand politics, but shouldn't the DA be responsible only for enforcing laws that are in place and leave the decision-making about the laws themselves to elected officials and judges?

[RRW]

Cooley is just another clown looking to make a name for himself. How about doing your job and going after REAL criminals?