Medical marijuana groups threaten to sue if L.A. bans sales

Two medical marijuana groups are threatening to sue the city of Los Angeles if the City Council passes an ordinance that bans the sale of medical marijuana. Two council committees are meeting today to try to finish drafting an ordinance that contains the controversial provision.

Dispensary operators have consistently said they are uncertain they could stay open with such a restriction. Most collectives, which are required to be not-for-profit, sell marijuana to their members, but they consider it a donation to reimburse their costs.

The prohibition on sales was written by the city attorney’s office. In a lengthy analysis of state law and court decisions, City Atty. Carmen Trutanich concluded that over-the-counter sales of medical marijuana are not allowed. Instead, he said, collectives are shielded from prosecution only when they are growing it.

Both medical marijuana organizations, the Union of Medical Marijuana Patients and Americans for Safe Access, take issue with Trutanich’s view, saying he has misinterpreted the law and the court decisions.

The Union of Medical Marijuana Patients, a Los Angeles-based group, released its own 23-page analysis over the weekend.

“We show that Trutanich's entire case against sales is severely flawed, based on an extremely strained interpretation of the law and the plain meaning of the statute, and backed up by cherry-picked case law,” said James Shaw, the organization's director.

Americans for Safe Access, a national organization that has been involved in many major medical marijuana legal cases, also threatened to sue.

“The city attorney has consistently argued that medical marijuana sales are illegal,” said Joe Elford, the group’s chief counsel. “Neither the Los Angeles city attorney nor the City Council has the right to ban activity that is protected under state law.”

-- John Hoeffel

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Comments

[Cal Godot]

So the city council has a choice: allow the dispensaries, charge them business tax and revenue tax, and add money to the city coffers. OR: ban the dispensaries, go against the clear will of the electorate, and pay out millions in legal fees to eventually have things return to the very state they are currently.

You can guess which one Trutanich will go for. The latter will not only allow him to grandstand for his political aspirations, but will also provide for the lining of the pockets of his many friends and cohorts in certain firms which handles civil litigation for LA.

Here's hoping for cooler, saner, less venal and corrupt heads than Trutanich on the council. (Yes, I know... I am laughing as well...)

[Go For It]

The sale of marijuana is illegal. The voters approved compassionate use, not opening up our community to a massive cash-based illegal drug trade with ties to organized crime.

It is clear that a system has to be devised to get the drug to those that really need it for critical needs (as opposed to recreational use). That system needs to deal with the supply side as well as the demand side. Unless the supply side is handled, organized crime can abuse the system. Unless the demand side is controlled, illegal use can continue and recreational, not medically necessary, uses will abound.

In the mean time, the people who are violating the law against sales, violating city zoning laws and looking the other way on where the marijuana supplies really come from are more than welcome to take Trutanich to court. He will win - again.

[Goesaround Comesaround]

“Neither the Los Angeles city attorney nor the City Council has the right to ban activity that is protected under state law.” LOL.

[Marcos El Malo]

I am in favor of changing the law to make non-medical marijuana use legal. That said, it pains me to say that Trutanich has a point and is leaving a big out for those truly in need of medical marijuana.

There really should be no debate that marijuana has medical uses. Nor should there be a debate about whether some without a medical need are taking advantage (they shouldn't have to, but it's going on). Whether or not the collectives are for profit businesses operating as non-profits, while I suspect this is so, I haven't seen undeniable proof.

So, under Trutanich ban, collectives could still operate as growing clubs (that actually grow their own marijuana). This would require membership dues rather than over the counter sales. I think this would lessen the opportunities for abuse by those wishing to make a profit from medical marijuana. it would return the dispensaries to their originally conceived concept of being collective, not merely in name.

[sandiegan]

“Neither the Los Angeles city attorney nor the City Council has the right to ban activity that is protected under state law.”

Hmmm.

Where in 215 was there any sort of "protection" for the activity?

I don't care if you need to take pot or xanax or Budweiser or whatever to get by, but smoking marijuana and selling marijuana are NOT a protected activities in California, for any reason.

215 just forbade jurisdictions in CA from arresting and prosecuting medical marijuana users and providers under 11357 and 11358 of state law.

It in no way mandated that local jurisdictions must allow sales of marijuana for medical reasons (or any other reasons).

The law basically allows medical marijuana sale and consumption--where it's allowed.

The state cannot usurp a local jurisdiction's right to allow the sale and use of medical marijuana, but it does not compel jurisdictions to allow that activity.

It sounds like West Hollywood has a sane approach to this.

MM advocates ought to be looking into how to replicate this type of cooperation between dispensaries and communities rather than attempting to re-write state law without consent of the governed.

Trying to make marijuana sales and smoking, for any reason, a "protected" activity is a sure way to get Californians to demand that 215 be struck down completely.

[pedro]

CA$H CROP $$$

[Judy W]

Isn't it ironic that the Pharmaceutical industry can mark up their drugs 2000%, but medical cannabis must be non-profit?

[Concerned_Parent]

The marijuana debate is not just about medicine. It's time to drive a wedge between the criminal drug dealers and our kids. Licensing, taxing, and regulating the distribution of marijuana, whether for medical or other purposes, is the surest way to put the criminal drug dealers out of business and protect our children from the money-hungry criminal element. It’s time to protect our children and take the marijuana business out of the hands of criminals. License, tax, and regulate the marijuana business, medical or otherwise. And while we’re at it, let’s implement a personal cultivation permit. Limit the size of the growing area or the number of plants, and put a small user-fee on it to cover administrative costs, something like a fishing license. Maybe high enough that there will be a little something left over for education or fixing the roads.

One possibility:$100 per year for a permit to cultivate a dozen plants.
It's a win-win.

[Christine Beatty]

I voted for Trutanich in the belief he'd go after real crime and not this headline grabbing political grandstanding. If he proceeds to waste our precious tax dollars on this witch hunt then I will donate heavily to his opponent the next time he is up for election. Move to O.C. if you want to pursue your "morals" laws priorities, Carmen, otherwise deal with *real* Los Angeles problems.

[peter]

The dispensaries are breaking the law. They are selling to who ever walks through their door. The law was set up for collectives. Regulate or legalize it, but these fools are operating illegally.

[AnonLA]

Thank God someone is advocating for the patients and AGAINST this patent power-grab by Trutanich and Cooley. I don't know where they get off trying to outlaw MMJ sales when the practice has been upheld by the US Supreme Court. The ego of these two, thinking they know more than our Supreme Court justices... stunning. Just stunning.

[George]

If LA bans dispensories, that would be a bonanza to West Hollywood, they'd quadruple or more their business and tax income to the city of West Hollywood.. COOL , Taxes to run the West Hollywood city govt. Smart people these West Hollywoodians.

[hahaha]

hello

[Against Pot]

You POTHEADS! You guys are the reason we have so much crime in this country! Ban all POT.

[Eskoe]

I voted for Mr.Trutanich and after seeing what he is spending his energy on by going after the dispensaries instead of focusing on Gangs and the corruption that already plagues City Hall is disgusting to me. He could easily make aname for himslef by fighting real crime and improving the lives of Angelenos by making this city safer and running smoothly.He is a joke and a very big disappointment, I will never again be voting for him when he is up for re-election.

[Gil]

Tell Carmen that I will be more than happy to let him try my Chemo therapy, its side effects, and the intense pain from cancer. It seems quite clear he could give a dam wether I live or die. All he wants to do is to get news coverage, and show how upset he is because the President told the DEA to leave the MM dispensories alone and deal with real crime. BUT, that would be too much to ask little Carmen to go after real criminals. How about street gangs, or all thoses shootings, or is that too hard for him to handel?
What a pathetic, self centered person that man (?) is.

[Cut fraud]

I voted for 215, and will never vote again for legalization of marijuana even for compassionate use. The abuse by these illegal dispensaries catering to primarily recreational users in violation of the City's zoning laws has turned our city into the pothead capital of the country. Threats of lawsuits should not change anyone's mind. The vocal minority are not going to destroy our quality of life.

[Dan]

It's still illegal under Federal Law. You can still get a buzz like drinking alcohol, kill someone and laugh about it while your high. How are the Police going to do a field sobriety test for that? Ask them if they got the muncies? There are other drugs besides letting people smoke dope by dopes. Hey while were at it, let's legalize crack too.

[Max Cohen]

The police fight crime to eliminate drug dealers. So when LA virtually elimates the corner drug dealer by semi legalizing a non lethal plant with AMA backed proved medicinal qualities, what do they do? They try and shut them down.
That makes sense, eliminate those that pay sales tax and provide a safe way to obtain pot and enable the dangerous drug dealers ( that dont pay any taxes) to open up shop.
The people running LA are insane. The demand is proven. These shops operate with a government limited clientele. Legalize the shops, open them up to tourists and recreational users. Generate the billions of dollars that California so desparatley needs. Why does Pfizer get to openly sell their drugs for profit but we insist that Pot growers be non profit. That is Unamerican and extremely anti capitalism.

[Ken G]

Cut fraud,
Where did you get your info, you say it's a small vocal minority supporting marijuana legalization be it medical or recreational? The fact is the minority you speak of is 54% support complete legalization, and many more then that support medical marijuana. Thats a majority, not a minority.

[Dr.NosePikens]

Really man what's wrong with your Los Angeles City Council? It appears to be under the political grip of Un American types like Harry Anslinger. Hell even conservative republicans are more freedom loving than your entire city of privacy invading dumbocrates! An yet you allow them to treat you like they call you… pot heads! Clearly they have come to the conclusion all medical cannabis patients are diseased fiends just as untouchable as a person with leprosy. Step up to the plate man and recall your politicians or be content to bend over and take it.

[Howard Rothman]

RECALL Trutanich, he and his office are incompetent. I was there today, they are the most unprogressive, behind the times, rhetoric thinking bunch of puppets I have ever seen. This is LOS ANGELES. These people should be policing a small town somewhere very far away. Maybe Redding, which they tried compare to Los Angeles. No wonder nothing gets done. The City Council was so fed up with the City Attorney's Office one trick pony, repeated stock lines, and so were the 300 or more people, 99.9% who were hissing them and rolling their eyes. Council included!

The City Attorneys have ONE agenda, to make sure no one can buy marijuana, it's imprinted on their DNA, they have not evolved with the times, they are holding things up with their petty thinking and misinterpretations of the law.

RECALL CARMEN TRUTANICH, and rid that office of these ineffective, not for the people attorneys who seem to want to write the laws, not uphold them.

Carmen Trutanich - Recall - the petitions are already starting, line up folks.

[Howard Rothman]

It is a plant. Who's to tell me I can't smoke a plant. You must be smoking crack. I'll smoke a plant or anything else I chose to smoke, stay out of my private life,
this is absurd that you people are still trying to criminalize this plant.

The writing of the laws have been so vague, and so much is left to interpretation, then Cooley and Trutanich come along and decide to interpret the laws. It is legal to smoke marijuana, and if it's not, people will do it anyway.

Stop trying to micro-manage people's lives, and do something constructive. If I hear one more time that this Plant is illegal, I will have a coronary, and sue the state.

[Priscilla Conte]

Is this Los Angeles, or bumchuck Montana, hard to tell these days with the likes of our law enforcement throwbacks from the 50's. Trutanich will say anything to get his point across, that offends me, I don't trust him and don't feel he is honest. Why is someone who you cannot trust our City Attorney? I'm all for the recall, where do I sign. Honestly, how do we get this guy out of there?

[bob blain]

Maybe we should tell the Pharmaceuticals that they can't make a profit, and have to give away medicine. And liquor companies - make them co-ops, so people have to make their own xxx brews in their backyards. Then the City Attorney's office can come and have a drink (for free), smoke out of a corn cob pipe and we'll just all live happily ever after. Are these people for real, this collective thing has to be interpreted for Los Angeles, and todays date. If I have to tell them that, they should get a different job, cuz they do not know how to think.