Injunction issued against L.A.'s medical marijuana law

A judge has ordered Los Angeles not to enforce key sections of its controversial medical marijuana ordinance, issuing a preliminary injunction that once again leaves the city with limited ability to control dispensaries and raises the possibility that new ones could open.

The decision comes almost six months after the City Council adopted the law, which opponents said was riddled with flaws. Los Angeles County Superior Court Judge Anthony J. Mohr, in a decision released Friday, agreed with most of the criticisms raised by the dispensaries.

In his ruling, Mohr acknowledged "there is a good chance that a large number of collectives could open once this injunction takes effect."

Mohr enjoined a crucial provision of the ordinance that outlaws all dispensaries except those that registered with the city in 2007 after the City Council adopted a moratorium on new stores. He concluded it is invalid because the moratorium was improperly extended and therefore had expired before the registration deadline for dispensaries.

"The justification for using that date as a bright line was compromised, if not confounded, by the fact that it was unnecessary to register," he wrote. "The requirement had ceased almost two months earlier, and no one could have anticipated that compliance with a dead statute would be necessary in order to continue as a collective three years later."

Mohr said the Nov. 13, 2007, deadline was therefore "arbitrary and capricious such that it violates the equal protection clauses of the United State and the State of California."

The judge, however, offered the City Council a simple remedy. He said it could grandfather all dispensaries that existed before a specific date. He noted that the documents dispensaries filed with the city clerk in 2007 could then be used as proof they were operating at that date. 

"Amending the ordinance accordingly would most likely be the easiest way to avoid another equal protection challenge," he said. 

David Welch, an attorney who represents more than 60 dispensaries that have sued, said the judge’s decision "means they can continue to operate until the ordinance is fully litigated. It means they can’t use strong-arm tactics such as arresting my clients and raids of the dispensaries to prevent my clients from going through the legal process."

Welch said, however, that he expects the city to file an appeal. The city could choose to proceed to a trial on the case, but the City Council also could decide to rewrite the ordinance.

Jane Usher, a special assistant city attorney, was reviewing the decision and said she could not immediately comment on it.

Mohr’s decision came about six months after multiplying lawsuits filed by dispensaries against the city were routed to his courtroom. More than 100 dispensaries have filed at least 42 lawsuits that challenge the ordinance, which ordered most of them to shut down. Many initially complied, but many have since reopened despite police enforcement raids. 

In his 40-page ruling, Mohr also decided that the ordinance violated the due-process rights of the dispensaries that sued because it required them to shut down without providing a hearing. "To this extent, the ordinance is unconstitutional," he concluded.

He also ruled that the ordinance violated the right to privacy by requiring collectives to maintain records on their members and provide them to police without a warrant.

The judge also concluded that a provision making violations of the law subject to criminal penalties under the municipal code contradicts state medical marijuana law. "The criminal sanctions language from the ordinance must be stricken because it commands what the state law prohibits: criminal prosecution for the collective cultivation of medical marijuana," Mohr wrote.  

He also said a provision that would sunset the entire ordinance after two years is preempted by state law because it would create "a blanket ban" on all collectives and "goes too far."

Mohr, however, ruled that the state’s 1996 medical marijuana initiative and a 2003 state law do not preclude cities such as Los Angeles from adopting regulations to control medical marijuana collectives or dispensaries. "Íf anything, local entities are encouraged to make attempts to regulate, and presumably define, medical marijuana cooperatives," he concluded.

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-- John Hoeffel

Photo: Medical marijuana buds are displayed for sale at a dispensary.

Credit: Los Angeles Times

Comments

[Melroser]

Once again a judge makes a ruling that helps to destroy Los Angeles neighborhoods. Do you want to know why so many people move to gated communities in Orange County? This is why....

[Rhett Graff]

I think this is a great idea to let more dispensaries open. I cannot help but think the judge who passes this is some how going to gain over this. But all in all a good move by him.

www.unitedmedicalmarijuana.com

[Warren]

Los Angeles WE HAVE A PROBLEM. His name is Carmen A. Trutanich. Carmen A. Trutanich is your city attorney. Carmen A. Trutanich went to an non ABA school. His low scoring on the LSAT test is clearly showing on how he interprets a law. Carmen A. Trutanich talks as if he knows something but, his results proves that he is as dumb as a door knob.

[Red]

Petty city council members need to stop trampling on the constitution just because they hate that CA has legalized medical marijuana. Unless you're a patient, a provider or a grower, it's really none of your business.

[Marco Budgyk]

I wish the citizens of California would just get off their high horses and legalize pot once and for all. Prohibition didn't work the first time around, never has. If the citizens won't do it by initiative, Cooley will just drive everyone crazy in L.A. County until the courts settle this once and for all.

[yessuh]

@Melroser-

why stay close to LA? just move out of CA.

[Gaucho420]

Good decision. Melroser, you are stating lies and clearly do not shop at the dispensaries. If you want to write fiction, become an author. What's destroying neighborhoods is crime brought on by illegal drugs...not legally selling them.Prohibition anyone?

So go back to the cave you clearly live in and stay here, there's no need to spew utter non-sense in the comment boxes.

[UGH]

more pot less bars... you never see a pissed off pot head.. but you do see countless angry/dangerous drunks.

[Doug Jensen]

@Melroser: Los Angeles neighborhoods are being destroyed, but not by medical marijuana. Try looking at the air you breathe, the water you drink, and the traffic noise. Look at the shops selling alcohol and tobacco. Those are real threats to our health and safety. Marijuana is a plant. The people of California legalized medical marijuana. Maybe you should move out of California to a more backwards place. You would fit in better.

[UGH]

also @Melroser.. gated communities have NOTHING to do with pot.. if it's legal less crime.. plus in Orange County, half those people in gated communities have alcohol and drug issues (coke and pills)..

[JP]

We need to remove these shady places, not to multiply them!

[Tony]

Hey Warren:

His LSAT score and school have nothing to do with it. I know plenty of effective and smart attorneys who went to a "no-name" law school. I suspect you are just one of those snobby lawyers whose only trip to court has been as second chair to an equally snobbish entitlement freak--if you're even a lawyer at all.

[Steve M.]

@Melroser, crime has never been lower in LA. We've had dispensaries for quite a while now. You show me the harm.

And what do you mean "once again"? You think judges destroy LA? Judges do the best they can each and every day, even though they could make 10 times their salary if they worked as attorneys.

[Mike Granada Hills]

Melroser - this ruling has nothing to do with the crappy neighborhood you live in.

First of all, all of the City Council persons and the DA that supported this law are done politically because we are the Green tea Party in California and we are going to defend our rights to free access.

Steve Cooley found this out and Carmen Trutanich will only be a one term City Attorney.

By the way, I have never seen a club cause any problems for a neighborhood, unlike liquor stores or taverns; so I really wish you conservatives would stop that nonsensical talk. Otherwise close all the banks.

As for crime going up, anytime you have a business with lots of revenue coming in, it is going to face problems with criminals coming in and trying to rob them.

Thank you to Judge Mohr!

[Adam]

"Once again a judge makes a ruling that helps to destroy Los Angeles neighborhoods. Do you want to know why so many people move to gated communities in Orange County? This is why...."

Do us all a favor and move there already... You'll make the rest of CA better.

[former USC Professor]

The City Attorney is a bully, and not a very bright one at that. Maybe he should go back to school. But what he needs to do now is stop wasting taxpayer dollars on this dog and pony show about the evils of medical marijuana.

[Conservative 4 Justice]

The honorable Judge Mohr simply interpreted the law as it appeared. I have a great deal of respect for this man's courage to uphold the law, even when commentors such as Melroser criticize the decision. The law does not take sides, it simply promotes fairness and equality. As a Conservative, it makes me proud to see our court system upholding provisions of The Constitution. Our founding fathers are looking down in satisfaction and delight that America is actually using Equal Protections and Due Process. The are essential rights and liberties that must be upheld for as long as we call ourselves a 'free country'.

Lastly, I want to take a moment to point out that prohibition is not a view point that is endorsed by Conservatism, therefore Conservatives should not advocate for the failed policy of prohibition to continue. My parents lived through prohibition, and used to tell me stories about how they would defy the law, risking criminal punishment, and sneak into the Speak-easy's to drink contraband liquor that they couldn't be sure was even safet! That is the exact situation that our young people are faced with today. Why criminalize tomorrow's leaders over something that is no worse than alcohol?

Please know that I have voted Republican all my life, was stationed in France during the Korean War ready to deploy, and I did NOT vote for Obama because I don't believe in big government interfering in the lives of private citizens. It's time for Conservatives to take a stand against prohibition.

[Matte D.]

Need to change Los Angeles to Los Tombstone.

[M]

Melroser, if you think that compassionate care for patients for whom medical marijuana is the ONLY thing that eases their pains, helps them sleep, or helps them keep food down is what is destroying Los Angeles' neighborhoods, then you seriously need to open your eyes!

[Tom]

Typical...an activist judge who doesn't have a clue about the consequences.

[steve Dye]

You knows whats funny,people say leave marijuana alone, it's just a plant,
well, tobacco is just a plant leaf,cocaine is made from plant leaves,
hops and barley used to make beer is from plants,opium is a plant so,
anything else to say marijuana lovers?

[john h moore]

This is why I left California, its gone to the illegals and dope growers.

[PJF]

We need to craft a law that will explicity forbid fun. That's what they're really against.

[Alex P. Gomez]

I really appreciated the Judge's ruling. The note "that the city could use this opportunity to regulate and define the cooperatives". I have issues with the cost of medical marijuana. Now that it is a state law, local governments really should regulate. After failing to ban it's medical usage. Also alcohol is a lot more destructive to society than marijuana.

[Blooch]

Ah Melroser...the only "LA" that you should be living in is "Lower Alabama."

Please tell the other Brownshirts to turn off the lights when they leave as we want to conserve energy.