Criminal penalties not part of “draft temporary urgency ordinance” aimed at Los Angeles medical marijuana dispensaries

This is the third blog to look at the city’s new “draft temporary urgency ordinance” meant to regulate medical marijuana collectives and dispensaries in Los Angeles in the wake of an injunction prohibiting the city from enforcing a June ordinance. That ordinance would have forced the closure of all but about 50 of the city’s more than 500 legally operating medical marijuana businesses.

Previously on our Medical Marijuana Lawyers Blog, our Los Angeles dispensary defense lawyers reported the new “draft temporary urgency ordinance” was essentially the same as the one under attack in more than 40 lawsuits. Both would limit dispensaries to those registered with the city prior to September 2007, would require management, location and other restrictions, and would conduct a lottery to ensure that at least 100 dispensaries survive.

Other features of the “draft temporary urgency ordinance” include:

-Sunset Clause: Since a judge barred the city from enforcing a sunset clause the new ordinance replaces it with a two-year renewal requirement.

-Records: The judge also barred the city from forcing collectives to make available to police without a search warrant the name, address and telephone numbers of patients. The new ordinance attempts to establish a number of ways to skirt patient privacy rights.

-Enforcement: The judge’s order prohibited criminal enforcement, which the city called “misguided” (as if the city gets to decide). The new ordinance provides only civil punishments.

-Urgency: The new order provides for urgency because of the city’s assertion that failure to regulate dispensaries will cause immediate harm.

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.

interim urgency ordinance City of LA (2).pdf

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