It’s no secret that cities are having a tough time regulating dispensaries, especially our medical marijuana dispensaries in Los Angeles. It’s also no surprise that after a number of lawsuits challenging these city crackdowns, a new state law has turned up aiming to allow municipalities to put their foot down on these shops.
California’s AB 1300 that does just that, and the proposal recently passed the state Assembly. It was originally introduced by local Democratic Assemblyman Bob Blumenfield, according to LA Weekly. He says that the ambiguity over who has authority over these marijuana collectives has only led to higher crime and illegal sales.
Our Los Angeles medical marijuana attorneys recognize that this is the last thing we need in our area. If the last two years have been any indication of what is to come, our medical marijuana dispensaries have quite the fight against unnecessary and frivolous laws aimed at regulating the industry. Previous attempts at regulation clearly indicate that cities are incapable of passing rational, logical laws that don’t violate patient rights under the state’s medical marijuana law. The industry must continue to fight back in hopes of one day operating on a fair and level playing field.
This new bill says that your locality can adopt “local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective …” Basically, it would give the cities power over location, hours, licensing, possession, cultivation, transportation, processing, or use of limited amounts of marijuana, as specified of collective operations. Ironically, these proposed regulations were one of the complaints opponents of Prop. 19 made last fall. They concluded that it would establish too much local control over cannabis.
In addition, it clearly states that cities have the right to put local shops out of business, which is nothing new for our shops here in Los Angeles as the city continues to go after dispensaries for “out-of-compliance” charges.
The new bill was approved 53-1 last week and will now go to the Senate. The dissenting vote came from San Francisco’s Tom Ammiano, a pro-pot advocate. He objected to the lack of the word “dispensary” in the language, which he said would further recognize the legitimacy of the storefronts.
This is a continuous battle with no end in sight. The industry is continually fighting to retain what little rights medical marijuana patients and dispensaries have left.
If you disagree with this law as much as our local medical marijuana shops do, you are urged speak out and change it. It’s important to remember that your chances of being heard are much better in your town than in the state capital. Oftentimes, it is our state governments that continue to run our shops out of town. We need to keep fighting for our rights before officials yank them away.
The CANNABIS LAW GROUP is a law firm dedicated to the rights of medical marijuana patients, collectives and growers and has built a reputation for high-powered, aggressive legal representation of the medical marijuana industry in Southern California. Call 714-937-2050 for a confidential consultation to discuss your rights.
More Blog Entries:
Two More Medical Marijuana Dispensaries in Whittier Shut Down, Marijuana Lawyer Blog, May 26, 2011
Medical Marijuana in California Struck By Yet Another Villain, Marijuana Lawyer Blog, May 24, 2011
Police Stop at Nothing to Violently Shut Down Medical Marijuana Dispensaries in Wittier, Marijuana Lawyer Blog, May 22, 2011