Cannabis Law Group's Medical Marijuana Legal Blog
Glutton for punishment, council pens “draft temporary urgency ordinance” aimed at Los Angeles medical marijuana dispensaries
Having spent hundreds of thousands of taxpayer dollars in an effort to thwart state law and prevent patients from obtaining medical marijuana, the city’s ordinance is now on what could prove to be a failing course in the court system. So, without waiting for a full finding of the facts, the city has drafted a second ordinance, which will likely do little aside from double the resources and legal fees it must spend on this absurd battle.
City council adopted the Los Angeles Medical Marijuana Ordinance on Jan. 26, 2010 and it became effective June 7. The plan aimed to reduce the number of medical marijuana dispensaries from more than 500 to about 100. However, the plan was so ill-conceived that fewer than 50 would have survived.
More than 40 lawsuits have been filed involved hundreds of litigants. Our Los Angeles medical marijuana dispensary attorneys represent more than a dozen dispensaries and collectives in Los Angeles and the surrounding area.
As we reported recently on our Marijuana Lawyer Blog a judge handed a major victory to dispensaries when he issued an injunction prohibiting the city from taking enforcement action while the issues are being litigated. The judge has since denied the city’s request to stay the injunction.
However, the rulings only impact those dispensaries which have filed lawsuits. If you have not yet joined the fight, consulting a medical marijuana defense lawyer in Los Angeles is the best bet for protecting your rights and fighting for the survival of your business.
In response, and because council apparently has nothing more important on its agenda than limiting the access of medical marijuana patients, it is redrafting the ordinance. In other words, it is attempting to draft an order that will pass muster even before issues with its current order have been litigated. In all likelihood, it will simply have two ordinances under intense litigation and its rash reactions, like that of a spoiled child, will likely result in nothing more than a doubling of its legal fees.
The city is calling this a “draft temporary urgency ordinance.” Meet the new boss. Same as the old boss.
-The new order “revises grandfathering.” The original order attempted to limit collectives by only permitting those which had opened on or before Set. 14, 2007. The old ordinance required registration with the city clerk by Nov. 13. The new ordinance eliminates that criteria but maintains the same Sept. 14,2007 date.
-One of the most problematic issues with the original ordinance was the requirement that a marijuana collective be under the same ownership and management. This was later revised by the city to include at least one of the original owners. That requirement remains in place with the new ordinance.
Check back for more information about the city’s new “draft temporary urgency ordinance.”
The city also announced it will seek an appellate court stay of the injunction and an expedited review.
The CANNABIS LAW GROUP offers experienced and aggressive representation to the medical marijuana industry in Southern California– including growers, dispensaries and collectives, patients and those facing marijuana charges. Call 949-375-4734 for a confidential consultation to discuss your rights.