Legal defeat for medical marijuana dispensaries could have larger ramifications

City officials said they won an important legal victory after four dispensaries failed Wednesday to win a court order to stop Los Angeles from shutting them down when the city's medical marijuana ordinance takes effect June 7.

While the decision applies only the the dispensaries that went to court, officials believe the decision means L.A. can start enforcing the long-awaited law as scheduled.

"The floodgates have been closed," said Jane Usher, a special assistant city attorney.

Los Angeles County Superior Court Judge David P. Yaffe denied the motions for temporary restraining orders, rejecting arguments from David Welch, the attorney for the dispensaries, that the operators could suffer irreparable harm from daily fines and arrest.

In the video above, Times Staff Writer John Hoeffel, who covers the medical marijuana issue, analyzes the decision and explains its implications.

Comments

[Paul]

Prepare for an increase in illegal street marijuana sales out in the open, near schools and parks.

[MICHAEL WHITE]

Like...horray!! It's about time someone put their foot down on these drug dispensaries!! They are mostly a front for drug dealing, not some actual medicine dispensary. Are you telling me that there are that many sick people in Los Angeles? Not even!!

[Licensed & Illegal]

Prepare for these dispensaries, who went through all the permitting process to get licensed, to sue the city to recoup their losses. You can't tell a business that it's okay to spend capital to open their business then shut them down. I'd like to be the lawyer in those cases, all 500 of them.

[PMA]

The judge is simply using common sense. It's nice to see some common sense applied here, after the near-hysterical rants from the marijuana pushers and their apologists. They have turned the reasonable idea of "medical marijuana" into a joke, and nothing more than a front for drug-dealing to kids. If they suffer "irreparable harm" for that, it's a good thing.

[Rafael Noble]

What kind of insantity is being spread within Los Angeles City Hall? It is common knowledge that alcohol contributes to millions of deaths, accidents and the break ups of families, yet you can buy it at any liquor store, grocery store and even gas station mini-mart! Every one knows that cigarettes kill millions of Americans every year, yet you can buy them at even more places than alcohol! Marijuana has been shown to effectively treat pain and other ailments without the deadly effects of alcohol and tobacco, but still we spend much needed tax dollars to attack voter approved, legally mandated, marijana providers.

For crying out loud! Does this sound right to any one?

[JMike]

The only real outcome of the city's campaign against dispensaries is that the remaining 150 or so dispensaries will see a significant increase in their business and customers will have to drive farther.

[Mr. Cynical]

stupid people... on the one hand you all attack immigrants to, somehow, fight against drug cartels yet keep laws alive that make them even more powerful... stupid people making stupid policies...

[Gus]

Is Los Angeles turning into an insane version of Mexico City? First we boycott Arizona now we shut down marijuan dispensaries? What is going on?

Is common sense missing in LA?

[DUHHH!!!]

What kind of insantity is being spread within Los Angeles City Hall? It is common knowledge that alcohol contributes to millions of deaths, accidents and the break ups of families, yet you can buy it at any liquor store, grocery store and even gas station mini-mart! Every one knows that cigarettes kill millions of Americans every year, yet you can buy them at even more places than alcohol! Marijuana has been shown to effectively treat pain and other ailments without the deadly effects of alcohol and tobacco, but still we spend much needed tax dollars to attack voter approved, legally mandated, marijana providers.

For crying out loud! Does this sound right to any one?

[DUHHH!!!]

What kind of insantity is being spread within Los Angeles City Hall? It is common knowledge that alcohol contributes to millions of deaths, accidents and the break ups of families, yet you can buy it at any liquor store, grocery store and even gas station mini-mart! Every one knows that cigarettes kill millions of Americans every year, yet you can buy them at even more places than alcohol! Marijuana has been shown to effectively treat pain and other ailments without the deadly effects of alcohol and tobacco, but still we spend much needed tax dollars to attack voter approved, legally mandated, marijana providers.

For crying out loud! Does this sound right to any one?

[VeniceNC]

No one is attacking MEDICAL marijuana. They're attacking what is a blatant abuse of the law, that is, anyone with $150 can go to a "pot doc" and claim to have ADHD or headaches, and be granted a medical marijuana license after a few simple questions. I have friends who are perfectly healthy who've done it. The point is that there are far more pot shops than will ever be needed by legitimate medical users. Yes, alcohol is generally worse than pot if abused, but the point is that the LAW was not meant to legalize pot use for everyone, just a small group that could service their needs through non-profit cooperatives. What has happened instead is that medical marijuana has turned into de facto recreational marijuana, available to almost anyone.

[truth]

Victory? for whom/what. It is evident that the people have spoken out in so many ways. Whos are "they" that keep putting this issue into the legal system. What a waste of tax payers money.

[WAHTEVER]

Pot is BY FAR the most benign recreational drug out there. Legalizing it would eliminate the issues. Marijuana's medicinal validity is questionable. It's very difficult to get unbiased information, pro & con. To say that it is useful in the treatment of chronic pain is a joke. It does nothing for pain. I would much rather deal with someone that is stoned than a drunk. MY 2 CENTS.

[trajan]

What should really be banned is alcohol you bunch of ignorant self-rightous dimwits!!!

Study the history before you form an opinion. Open your mind instead of opening the wormhole that leads to your uninformed opinions !!!!!

[trajan]

What a victory!!!!

Congratulations !!!!

This is REALLY gonna stop pot-smoking in our country!

The only loss is the tax dollars the city could collect if it were legal. NICE JOB AGAIN!!! you self-rightous a-holes!!!

[John H. Moore]

China has the right way of dealing with drug users and dealers. They round them all up and shoot them.

[Smokey Da Weedy]

one step forward and two steps back...what happens in november when we legalize it? all the bible thumping alcholics are going to have a heart attack!

[Alfred]

"Illegal is illegal. What part of illegal do these people not understand?" Legality does not imply morality people!

[sue]

We are in a recession and all the DA can think about is messin with the medical weed shops. Illegal immigrants walk the streets everyday without a problem, send their kids to tax payer funded school, but all the DA can think about is closing weed shops. The stupidity of this state is getting sicking.

[cotochic]

MEDICAL marijuana; yes it has a role in pain management and Appetite stimulant for cancer patients. But giving Liceneses to non qualified people to dispense is silly. yes you can fry your brain with Cannabis. Pharmacy's should be dispensing Medical Marijuana with a proper verifiable prescription. The issue is Pharmacy's cannot dispense it cause the supplier has to be a Registered Legal entity with the Board of Pharmacy and the product has to have some Qyality assurance and quality control. Catch 22, Which Marijuana whole seller is registered and QA/QC . Yikes. What does a mrijuana prescription look like. Please dispense 30 Reefers. 30 day supply Smoke as needed. What should the prescription label say. Dont Smoke and Drive or Dont smoke in bed. It may be addictive. Should it be dispensed in Child proof containers? How about giving coupons for Pizza 's with it .There is a lot more to than just dispensing a drug.

[Art Ghecko]

Mr. Moore: China is your GOOD example? Move there.

The rest of us will wait patiently for common sense to prevail, and for Prohibition to be repealed.

[Laws Supress Freedom]

Marijuana is not the problem we need to address for our children. It is the Pharmaceutical companies drugs that you have in your "medicine cabinet" that is the real gateway to drug addiction.

Anyone can go to a Doctor and claim they need pills that a Doctor will gladly put you on. I have had Doctors offer me Paxil, Cyclobenzaprine, Codine, Vicadin amongst others for no apparent reason.

Why aren't our tax dollars being spent on shutting down Pharmacies?!

[RAM]

Really,

Anyone that thinks that Marijuana should not be leagalized - plain and simple - you are an idiot and obviously have no common sense. At the end of the day - Marijuana will always be "legal." Wake up and smell the bud!

[bluestribe]

those of us who were making more money before the proliferation of the dispensaries can now breath a sigh of relief. these places were really putting the hurt on the street price. now it's back up to $75 an 1/8th!

[Nan]

WOW! It's funny how most of the foods we eat on a daily basis can kill us. All the fast-food restaurants, foods with chemicles, ALCOHOL... etc. Some of you might say that marijuna leads to other drugs. What about alcohol? Alcohol is legal.

marijuana doesn't kill. THAT'S A FACT!!