Tuesday, the L.A. City Council approved a medical marijuana ordinance that with the toughest rules in the state.  Advocates said the law drastically restricts access to an important drug, and may force many patients seeking relief to resort to illegal drugs, requiring the assistance of the best criminal defense attorney in Los Angeles. The measure will do little to calm the debate over how Los Angeles should monitor and control medical marijuana dispensaries.  The number of such establishments has exploded; hundreds can be found on the city’s major streets.  Yet, if there was ever a time to get the best marijuana brownie recipe, it has probably passed.

Some organizations might sue the city, and another might collect signatures for a referendum. The city attorney says state law does permit collectives to sell marijuana for a profit.  He has a lawsuit against a dispensary in Eagle Rock, hoping to get courts to decide the issue.  The L.A. County D.A. is also prosecuting dispensaries.  The number of people needing a criminal defense lawyer in Los Angeles appears to be increasing as well.

The ordinance, aimed at blotting out the image of Los Angeles as the weed Capital of the West, allows city officials to shut down dispensaries by the hundreds.  It also imposes restrictions on where dispensaries can be located.  These limits could eliminate most sites outside of isolated industrial parks. “It’s a disaster for patients,” said the director of the Union of Medical Marijuana Patients James Shaw.

Mayor Antonio Villaraigosa reportedly plans to sign the ordinance, as it reduces the number of dispensaries while keeping them 1,000 feet from schools and churches.  “This legislation isn’t perfect, but the mayor feels it is a step in the right direction, and it’s time to focus our attention on other pressing issues,” said spokeswoman Sarah Hamilton.

The 9-3 vote was the second on the ordinance.  Both times Bernard C. Parks, Jan Perry and Bill Rosendahl voted against it.   After the vote, council members said they were relieved that an ordinance would take effect soon.  Councilman Ed Reyes led the effort to draft the ordinance.  He admitted it may require changes.

The law will take effect once the City Council approves the fees that dispensaries pay for registration.   That process could take more than a month.

Although the ordinance allows only a total of 70 dispensaries to operate, there are exceptions.  For instance, it makes an exception for dispensaries that registered by 2007, that stay at their original locations, or that moved just once if their landlords were facing federal prosecution. City officials thought there are approximately 150 dispensaries that could meet these exceptions.

Other restrictions attempt to end the late-night pot scene that LA has developed: dispensaries must close by 8 p.m., marijuana use at the stores is banned, and patients may belong to and receive marijuana from only one collective, and dispensaries must not make a profit.  These changes make it essential that collectives, as well as patients, know and understand the law to avoid potential criminal charges. 

Hundreds of dispensaries have opened in L.A., and City officials believe up to 500 will be forced to close.

Once the ordinance comes into effect, the city attorney’s office plans to send letters to landlords and operators.  That process, according to Special Assistant City Atty. Jane Usher could take up to 45 days. That office expects a third to close, leaving the city to take those remaining to court.

Many of the allowed dispensaries have to move within six months in order to comply with the land-use restrictions. However, because the ordinance appears to give operators just weeks to tell the city where they are moving, some are panicked.

The ordinance requires that dispensaries are more than 1,000 feet from other dispensaries and schools, parks and libraries, and churches. Also, dispensaries must not be adjacent to or across a street or alley from residential properties. This requirement eliminates most commercial streets, such as Melrose, Pico, Ventura, or Lankershim, where alleys commonly separate stores from homes. 

The number of arrests for marijuana possession and cultivation is sure to go up.  If you think you may need a criminal law lawyer, call the Elden Law Group for a free consultation.

Call 1-800-455-6200 for a Free Consultation

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Filed under: Drug Crimes • Medical Marijuana

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