Medical marijuana advocates file lawsuit challenging L.A. ordinance [Updated]

Medical marijuana advocates upped the ante Tuesday in the legal battle over Los Angeles’ pot dispensaries by suing the city, claiming the ordinance that takes effect later this month is so restrictive it will cause even law-abiding businesses to shut down.

Americans for Safe Access, the nation’s main medical marijuana advocacy nonprofit, filed the lawsuit with the Venice Beach Care Center and the PureLife Alternative Wellness Center, two dispensaries that have operated in Los Angeles since 2006 -- before the city's moratorium on the centers took effect.

The 11-page suit filed in Los Angeles Superior Court says the sweeping marijuana ordinance passed by the City Council in January and signed into law by the mayor Feb. 3 “severely restricts access to medical marijuana by effectively forcing plaintiffs, as well as the vast majority of collectives in the City, to close their doors.”

The suit alleges the city ordinance violates state law, and it seeks a court injunction and restraining order to stop the measure from being enforced. In the suit, dispensary operators object to the “onerous restrictions” of the law that is scheduled to take effect March 14, such as a rule that gives them only seven days to relocate to 1,000 feet away from schools, parks and places of worship but does not provide maps to show where they are allowed under the law.

"We want to work with the city to comply with its regulations, but such unreasonable requirements make compliance impossible," Yamileth Bolanos, operator of the PureLife Alternative Wellness Center, said in a statement.

The city attorney’s office did not immediately respond to requests for comment. [Updated at 11:23 a.m.: An official with the city attorney's office said he had not reviewed the lawsuit and could not comment on specifics, but he noted its filing could be premature because the ordinance has not yet taken effect.

“We'll be prepared to respond in the court,” said William Carter, the city attorney’s chief deputy. “Regardless of this lawsuit, the city attorney's office will continue to enforce existing local and state law. This lawsuit does not affect our long-standing and ongoing enforcement efforts."]

The city prosecutor's office filed three lawsuits last month seeking court injunctions to force Organica in the Venice area and two Holistic Caregivers stores in South Los Angeles to stop all sales.

Los Angeles City Atty. Carmen Trutanich has said that state law authorizes collectives only to grow marijuana and recover their actual costs, not to sell it.

Voters passed the state's medical marijuana initiative in 1996, and the Legislature adopted a law to expand access in 2003, but the courts still have not ruled directly on whether collectives can sell marijuana to their members.

Americans for Safe Access threatened to sue the city last week if it did not drop the Organica/Holistic Caregivers lawsuits, calling it part of a crackdown that goes beyond the scope of the new ordinance.

Kris Hermes, spokesman for the advocacy group, said the lawsuit filed Tuesday takes aim at the new ordinance, not the city attorney’s prosecutions.

--Tony Barboza

Photo credit: Los Angeles Times

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Comments

[JB]

Is the city government considering patient needs with this legislation? Will the infirm have to travel miles from their home to find medicine while big name drug companies have a presence on every city block with pharmacies and similar? This is frankly absurd, and I think local government really needs to wake up, especially given we're in a budget crisis. How many more futile and expensive [to enforce] laws are they going to pass before the mayor's office realizes its campaign against medical marijuana is impacting the patient more than anyone else?

[Lana]

GOOD! The city is out of line with this new ordinance. Whether we like it or not; medical marijuana is legal, plain and simple. If they enforce this ordinance, then it needs to pertain to ALL prescription drugs.

[Scott]

And so with the vigorace pursuit of a legal business that has taken the needed steps to do business including their fair share of taxes(A Definite Plus) for a budget plagued city,I guess after they shut down these establishments they will be going after all alcohol selling establishments as well and if not I for 1 would just love to hear why they are not and have not and will not it's all about the money.

[Greg]

I cant understand this great city of our's. we the people have the right to medical mary jane but the city wont let us have it? this city has gone to the dog's. If the police and prosecuters in this city would stop and look at the past (prohabition) it would reallize that the crime rate over this drug would drop!!!!!!!!!!

[Jeff K.]

Unreasonable requirements? Like actually following the law and having a real doctor issue a prescription (as opposed so an herbal specialist)? This whole "medical" marijuana thing has turned out just as its critics said it would (and I voted for this law!). Dealers are using loopholes to sell marijuana to anyone. Marijuana may or may not be legalized at some point, but the law is clear now, and many of these places are breaking it.

[Mot a smoker, but I pay taxes]

LA City is in effect BROKE and the County is in serious financial water.
WHY ARE YOU WASTING MONEY ON THIS??? THE PEOPLE HAVE SPOKEN. LEAVE THE POT-HEADS ALONE.

[sTrAiGhT OuTTa HoLLyWooD]

Why all the commotion?? Just Legalize!!!

[Raz]

JUST LEGALIZE IT!!

[Alan Shore]

Stop all the waste of resources. Legalize pot once and for all and cut out all the drug dealers. This is truly another example of the Emperor has no clothes...

[Dee]

The Law was put in place for poeple who are sick and dying and in extreme pain. The law was not meant for recreational use or ILLEGAL street use by pot heads and minors and the ones who made the law should have thougnt about theloopholes before instituting it. Consistent Marijuana use creates lazy stupid people and can lead people down the wrong path of addiction and its consequences of mental breakdowns etc. It can't harm people who are already dying but it can hurt the average persons potential to be successful in life.

[danielle]

as someone who has a medical need and would perfer using marajuana instead of pills i see that as the medical shops expands and more people decide they want medical cards just because it a convienence. there are people in this city who have no medical needs the mess it but for those who need a medical card but can not recieve one.i disagree with the city and there regualtions as well as there laws but you also have to put blame on those who are not in actully pain and that fake there way into gettinf medical card. so please either legalize or let the people who actully need MEDICAL MARAJUANA have it because those who do not need it should be messing it up for the rest of us/

[Monirul]

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