Six more Los Angeles pot dispensaries sue over lottery plan
Six medical marijuana dispensaries filed separate legal challenges Wednesday to a Los Angeles ordinance that would use a random drawing to select 100 pot stores that would be allowed to operate, bringing to at least eight the number of lawsuits seeking to toss out the law.
The lawsuits call the planned lottery "a game of chance," denounce it as "arbitrary, capricious and irrational" and argue that it violates the constitutional rights of the dispensaries.
The dispensaries want a Los Angeles County Superior Court judge to stop the city from holding the lottery. "We are asking the court to enjoin the city from taking any adverse action against my clients," attorney Graham Berry said.
The dispensaries are Downtown Natural Caregivers, God’s Gift, Kush Korner V, Medical Kush Beach Club, New Era Caregivers and Safe Life Caregivers.
City officials are proceeding on two tracks. They have moved forward to set up a lottery, but have also appealed a court ruling that invalidated parts of an earlier ordinance that would have used a different method to reduce the number of dispensaries in the city.
RELATED:
L.A. releases list of medical marijuana dispensaries vying for chance to operate
Two lawsuits challenge Los Angeles' lottery plan for medical marijuana dispensaries
-- John Hoeffel
EDITOR'S PICKS:
The attorney for the pot dispensaries, Graham Berry, was previously suspended as an attorney in the State of California [as confirmed on the calbar website] and the courts declared him a vextitious litigant, meaning he abuses the court system with frivilous lawsuits and is not allowed to file a lawsuit without advance application and permission process.
Posted by: TMS | April 27, 2011 at 07:51 PM
Good for them. Lotteries are a horrible way of deciding whether *any* establishment has the right to stay. You don't see these cities trying to ban liquor stores or banks, either, even though they are responsible for far more crime than dispensaries ever have.
I actually wish far more dispensaries were open nearby- it would save me the drive!
Posted by: Hakatau | April 27, 2011 at 08:50 PM
Validate all Sep 14 2007 & prior; this should drop the valid lawsuits & would show bilateral fairness. Lets move on. Faster progression is faster safety.
Posted by: Grandfather TimeJF | April 28, 2011 at 12:15 AM
These 8 lawsuits do nothing but buy time for the dispensaries to remain open so that they can continue to dispense.
NONE of these lawsuits will get an injunction or restraining order granted because they do not pass the "rational basis test" used by the courts to place the burden on the person suing the government. For example the burden of proof is on the dispensaries to show that the means of making the lottery are not rationally related to some legitimately conceived purpose. i.e controlling zoning and distribution of medical mj in the city of LA (which the city of LA has the right to do)
It is awfully shady that so many lawyers (aka sharks) have found gullible dispensaries owners into filing these frivolous suits. I wonder if these dispensaries-lawyers informed their clients that the right to practice/engage in a trade or profession is in NO WAY a fundamental right guaranteed in the constitution of the USA... (this seems to be what they are claiming according to this LA times article)
These dispensaries must prove that the lottery and the requirements for entering into the lottery are not reasonably related to a legitimately legal purpose.
The city has claimed that it does not have the funds to regulate more then 100 dispensaries and there is no logical argument that dispensaries can use to get a judge to grant them an injunction. Especially after LA times and our politicians cleverly linked a fake statistical crime-increase so that they could claim dispensaries caused crime!
When the city claimed it was broke they put the nail in the coffin for any argument that will grant any type of injunction. By holding a random lottery the city can also wash its hands of any favoritism.
hoho hoho ho ho and we all know the lottery is squeaky clean legit! Just like our politicians hohohoho
Game set match; Medical MJ distribution points are now controlled in LA! By making it illegal to open any new dispensaries the shadow group/status quo can control all Medical MJ in Los Angeles and the other major cities where new dispensaries are not allowed to open according to the respective cities new ordinance.
The shadow group would probably like to give s special thanks to all those who assisted in this huge success! Thanku 2 the LAPD, City Council, LA Times, Zetas, Prison Guard Unions, Mega Dispensaries across CA, DEA, Big Pharma, GW Pharma for helping control regulate and eliminate all competition in Los Angeles concerning Medical Marijuana distribution.
too all the dispensaries that didn't agree to being controlled by the shadow hand, jump on the bandwagon, or tried to fight the status quo, tried to file these lawsuits which only waist time money and energy...
YOU JUST GOT SERVED (LOL if these dispensaries think they have the resources to fight the government; they just got suckered into the biggest scam of all i.e trying to fight the government in court!!! as if you have the resources, time, and energy LOL)
Posted by: lamedicalmarijuana | April 28, 2011 at 03:31 AM
If this drug is truely used for medicinal purposes, why is it not distributed from a pharmacy like all other prescribed drugs?
Posted by: tired | April 28, 2011 at 06:44 AM
"These 8 lawsuits do nothing but buy time for the dispensaries to remain open so that they can continue to dispense. "
This is absolutely correct. There are some pot clubs that applied for the lottery for the same reason even knowing they were not open since Sept. 2007.
Personally I know of one pot club (P&C of NoHo) that opened in 2009 and was on the original list and map for shut down yet they applied for the lottery (knowing they won't get chosen to remain open) so they could continue to dispense. Any pot clubs that opened after Sept.2007 and applied for the lottery did so to be able draw out more profits as long as possible and are grasping for straws with no merit. It is also funny how pot clubs are vying to stay open so they could run non-for-profit. Riiiight.
Posted by: Lori | April 28, 2011 at 09:47 AM
A limit of 100 stores isn't considered (by the City) to be arbitrary and capricious?
From the California Alcoholic Beverage Control Board on-line database:
Solely in the city of Los Angeles, licensees with “Los Angeles” in the City field for their ACTIVE permits:
2285 Consumption Sites - Active On-Sale Retail Licenses (i.e. restaurants, bars, etc.)
1583 Liquor Stores - Active Off-Sale Retail Licenses (i.e. grocery stores, liquor stores, package stores, etc.)
Geez, that’s 3,868 places in the City of Los Angeles ALONE where one can get alcohol!
And 100 Medical Marijuana Pharmacies is too many?
I suppose the City dosen't care about being sued, it's only taxpayer money.
Posted by: Olden Atwoody | April 28, 2011 at 01:11 PM
@Olden Atwoody you and any other "illegal" dispensary will have to tell it to the judge
The status quo made the law and the new ordinance is in place
LOL at any dispensary that thinks they can stay open getting fined $2500 + a DAY all while have to fight a court case they will obviously lose
This ordinance was meant to restrict dispensaries Olden Atwoody & the government has the re$ouces to tie anyone up in a long costly court battle while u or a dispensaries resources are far more limited....
Posted by: Lamedicalmarijuana | April 28, 2011 at 03:34 PM
Lamedicalmarijuana
"you and any other "illegal" dispensary will have to tell it to the judge"
Ummm, I'm not a dispensary, genius, and I do not use MM, or any intoxicant. I'm merely pointing out the dichotomy of treatment of the source of product, whether it is an alcohol licensee, a traditional pharmacy or a MM outlet. Really, almost 4,000 source of alcohol in LA City alone?
One is at their best when they have original thoughts, not picking on other posters. Try it.
Posted by: Olden Atwoody | April 28, 2011 at 11:13 PM
Limiting the number of collectives will serve two purposes. On one hand it will eliminate competition creating monopolies for the remaining dispensaries while driving up costs for patients. It will also further the agenda of the city attorneys quest to eliminate medical marijuana. The medical marijuana ordinance was poorly drafted and violates the rights of patients.
Atwoody , you do raise some good questions as to why the city feels that it needs to limit the number of dispensaries.
Posted by: Michael Cohen | April 29, 2011 at 12:51 PM
@TMS: Stop fair gaming Graham Berry on cases that have nothing to do with you, Scientology.
Posted by: LOL Scientology | April 29, 2011 at 10:30 PM