Dispensary Regulation Battle In LA
| By Americans for Safe Access | Published November 4, 2009 |
City Rebuked on Moratorium, Pushes for Ordinance
Medical cannabis patients know what it means to be caught between state and federal laws, but patients in Los Angeles are now finding themselves caught in a political battle between the City Council on the one hand and the city attorney and district attorney on the other.
At issue are storefront collectives that dispense cannabis to members. Hundreds of such dispensaries are operating openly in the city, and have been for many years. And for years, advocates and officials alike have said the city needs a workable ordinance to regulate them.
Two years ago, the council imposed a moratorium on new dispensaries opening, but did so in such a way as to lead many people to believe they could open anyway under a "hardship" exception. And open they did, maybe as many as 800 more. The committee in charge of approving those exceptions has so far rejected them all, but a state judge has now invalidated the entire moratorium as unconstitutional, throwing the process into disarray.
Meanwhile, the LA City Council has been begging the newly elected city attorney, Carmen Trutanich, for a workable ordinance. But he now says any sale of cannabis for cash is illegal under state law, so all dispensaries are operating illegally and must close or face prosecution.
The city council isn't buying it, for a number of reasons. Dispensaries are well established and well regulated in other cities around the state.
California Attorney General Jerry Brown has already issued guidelines for their legal operation. And the state's medical cannabis initiative instructs local officials "to implement a plan to provide for the safe and affordable distribution of marijuana." As a result, the council has insisted on new language for an ordinance, which is now in its fifth official draft.
Led by California Director Don Duncan, ASA has been working closely with Los Angeles city officials since 2005 to craft responsible regulations. ASA has also been organizing patients and advocates, and every committee and council meeting on the issue has been filled by people speaking eloquently on the need for safe access.
ASA also organized a protest when it came to light that the city attorney and District Attorney Steve Cooley would both be appearing at a law enforcement training on "eradicating" dispensaries. More than 100 peaceful protestors picketed the luncheon sponsored by the California Narcotics Officers' Association, a group vehemently opposed to medical cannabis.
"Elected officials should have no part in an anti-medical marijuana road show that trains police how to 
flaunt state law," said ASA California Director Don Duncan. "Statewide law enforcement organizations should be helping to implement safe methods of medical marijuana distribution, not working to undermine access."
Popular support for legal access to medical cannabis and regulated means of distribution has only increased. Recent polling in Los Angeles found that 77% of the county's voters support "uniform licensing and regulation" of medical cannabis dispensaries. Only 14% said they support the goal of the city attorney and DA to shut all dispensaries.
Nonetheless, the Los Angeles Police Department has begun raiding medical cannabis dispensaries and arresting their operators, even some who have been operating for years under the pre-moratorium rules.
Research by ASA on the experience of other communities in the state shows that sound regulations for cannabis dispensaries consistently reduce crime and complaints.
