L.A. Warns Pot Shops to Stop or Face Fines

by John M. Curtis
(310) 204-8700

Copyright August 19, 2012
All Rights Reserved.                                         

           When California voters passed Prop 215’s Compassionate Use Act [56.6% to 44.4%] Nov. 4, 1996, it gave overwhelming support to medical marijuana.  Unable to gain outright legalization, Prop 215 provided for strict cultivation, distribution and sale of medical marijuana.  While the Northern California pot growers have created one of the state’s biggest cash crops, it paved the way for pharmaceutically-controlled cultivation and distribution of cannabis.  Shortly after the voter-approved law, dispensaries proliferated around the state, with Los Angeles leading the way.  Voting 14-0 July 24, the Los Angeles City Council, with Mayor Antonio Villaraigosa’s blessing, banned storefront dispensaries.  “Relief is on the way,” said Councilman Jose Huizar, whose “gentle ban” resonated with council members.  Despite voter-approved Prop 215, the City Council enacted the ban.

            Since 1996, the medical marijuana dispensary business has been a growing industry in Los Angeles.  With 750 registered dispensaries and around 200 unregistered shops, the City Council decided to torpedo state-approved businesses.  Paying business license fees like all other Los Angeles businesses, the City Council decided July 24 to shutdown hundreds of currently thriving enterprises.  “Complaints” in some neighborhoods prompted Huizar to implement his “gentle ban,” shutting down legitimate marijuana pharmacies, leaving three or less people to start collectives to grow their own medical pot.  With all the technology used in growing, cultivating and distributing medical-grade marijuana, it’s unrealistic for small collectives to grow their own medical cannabis.  Any product grown at home would not have the regulated and certified pharmaceutical-grade quality.

            Whatever complaints made their way to the City Council, banning dispensaries was not the fix.  If disorderly conduct occurred in any neighborhood, it could have easily been corrected with separate ordinances prompting appropriate citations, fines and law enforcement.  Banning all dispensaries shows the herd mentality on the City Council.  Seeking injunctive relief, Marc O’Hara, executive director of Patient Care Alliance—a medical marijuana trade group—filed suit in Los Angeles Superior Court.  “The medical marijuana center of the globe is L.A. just as much as the movie capital of the globe is L.A.,” said O’Hara, seeking a court injunction on the July 24 ban.  “There are more dispensaries here than in the rest of the country,” attesting to the importance to the Los Angeles jobs market.  Banning the dispensaries and tossing hundreds of Angelenos into unemployment is foolhardy.

            Voting to ban dispensaries 14-0, the Los Angeles City Council gave no due process or equal protection to medical pharmacy businesses.  Whether the City Council registered neighborhood complaints or not, they owed it to the California and U.S. Constitutions to protect the rights of all citizens, including pot shop owners.  “Relief is coming in the form of having a more focused and intense crackdown on these dispensaries that cause problems in our neighborhoods,” said Huizar, not explaining why the Council didn’t work on ordinances to deal with neighborhood complaints.  Los Angeles officials mailed out warning letters to dispensaries to cease-and-desist by Sept. 6 or face fines up to $2,500 a day.  While there are some test cases regulating dispensaries that ruled in favor of municipalities, it’s going to be difficult to ignore in court due process and equal protection issues.

             Calling the July 24 act a “gentle ban,” Patient Care Atty. Arthur Hodge argued it was an outright ban on medical grade marijuana because small collectives could not produce comparable product.  Leading to the “gentle ban,” Los Angeles officials have come under increased pressure from the Drug Enforcement Agency to follow federal drug laws related to cannabis.  Regarded as a banned substance by the DEA, compassionate use laws currently exist in 18 states.  Six other states have legislation pending.  DEA officials know that despite federal drug laws, compassionate use laws supercede local city ordinances and law enforcement.  Unless City officials have a coherent argument to justify violating the 14th Amendment rights of Prop 215 dispensaries, the ban will get tossed.  Neighborhood complaints aren’t enough.  Judges at whatever level must follow state and federal constitutions.

                  Proving that a herd mentality exists on the Los Angeles City Council, their July 24 decision to ban medical marijuana dispensaries violates owners’ due process and equal protection under the law.  If the Council wished to deal with neighborhood complaints, they should have passed ordinances to enable law enforcement and the courts to maintain appropriate order.  Banning legitimate dispensaries isn’t an answer to random neighborhood complaints.  Patent Care Atty. Hodge hopes the California Supreme Court will eventually provide the guidance.  “I hope that the Supreme Court comes down on our side and we can return to a compassionate approach. There shouldn’t be a collective on every corner.  I’m the first to say that.  But this is an overreaction.  It’s throwing the baby out with the bath water,” said Hodge, reminding the City Council that they have responsibilities to Los Angeles business owners.

John M. Curtis writes politically neutral commentary analyzing spin in national and global news.  He's editor of OnlineColumnist.com.and author of Dodging the Bullet and Operation Charisma.

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