L.A. Medical Marijuana Ban Approach

[Milovan]

I just checked out the city website and Aug.6th.
is the last day for the Mayor to act in signing the
new "gentle ban" ordinance into effect.

Some reports conclude that the City will order all medical marijuana
store fronts to shut down immediately and other reports
read they will be given 30 days to shut their doors to biz.
Meanwhile the alternate motion to exempt 187 stores won't be considered for
several more months after the city receives reports back
from PLUM, Land & Use Committee, Public Safety Counsel etc ....and until till such
time the store fronts will shut down.

City attorney Jan Perry says and injunction to halt or delay the ban
is unlikely so this too may go out the window.

For years now L.A. has been the marijuana mecca of the world and
it looks eminent that the store fronts will be extinct for now and possibly
for up to two years when the Supreme Court decides the issue and even
then it is possible that the Court may reject the store fronts or leave it
up to the Municipalities to craft their own regulatory scheme.

The new ordinance allow patients in up to groups
of three to cultivate medical marijuana at home, share the
medicine among themselves and shields transporting.

It would be interesting to hear your thoughts on this new "gentle ban"
approach by the City of L.A. that looks to be coming very quickly.

Thanks!

 

[jtrey]

Wow I am with ya man this fucking sucks..... my girlfriend works at a dispensary that has been open since 2006... were freaking out right now.... how long can it really last? do they have the manpower to shut down that many? aaahhhhh and the city council voted 14-0 wtf? that does not seem right.....

 

[Grrouch]

I just checked out the city website and Aug.6th.
is the last day for the Mayor to act in signing the
new "gentle ban" ordinance into effect.

Some reports conclude that the City will order all medical marijuana
store fronts to shut down immediately and other reports
read they will be given 30 days to shut their doors to biz.
Meanwhile the alternate motion to exempt 187 stores won't be considered for
several more months after the city receives reports back
from PLUM, Land & Use Committee, Public Safety Counsel etc ....and until till such
time the store fronts will shut down.

City attorney Jan Perry says and injunction to halt or delay the ban
is unlikely so this too may go out the window.

For years now L.A. has been the marijuana mecca of the world and
it looks eminent that the store fronts will be extinct for now and possibly
for up to two years when the Supreme Court decides the issue and even
then it is possible that the Court may reject the store fronts or leave it
up to the Municipalities to craft their own regulatory scheme.

The new ordinance allow patients in up to groups
of three to cultivate medical marijuana at home, share the
medicine among themselves and shields transporting.

It would be interesting to hear your thoughts on this new "gentle ban"
approach by the City of L.A. that looks to be coming very quickly.

Thanks!

hold it hold it hold it. so last i checked you jsut said theyve got to remain hector scector off the scale until the supreme courts review in a couple years? and the decission is then that they will know?
sorry to jump in like this but off my basic instinct isnt the supreme court federal? and with that in mind hasnt california been fighting the federal gov since day 1>
'so if its up to the supreme court in the end (2years from now ) everybody might as well pack up their bags and head out of town.
because the past 9 years of fighting the supreme court has gotten medical marijuana in california nowhere.
just a little insight to that portion of yoru draft
but this is also new news to me and it supprises me. keep me updated let me know cause im arguing arizonas mmj case as they take a darw for dispensaries applications today. & anyone living within 25 miles of one of these chosen dispensaries then they cant cultivate!!!! WTF?
so if L.A CA starts banning out dispensaries i better buy some carbo filters and keep my fucking mouth shut.

 

[Dr.J20]

hold it hold it hold it. so last i checked you jsut said theyve got to remain hector scector off the scale until the supreme courts review in a couple years? and the decission is then that they will know?
sorry to jump in like this but off my basic instinct isnt the supreme court federal? and with that in mind hasnt california been fighting the federal gov since day 1>
'so if its up to the supreme court in the end (2years from now ) everybody might as well pack up their bags and head out of town.
because the past 9 years of fighting the supreme court has gotten medical marijuana in california nowhere.
just a little insight to that portion of yoru draft
but this is also new news to me and it supprises me. keep me updated let me know cause im arguing arizonas mmj case as they take a darw for dispensaries applications today. & anyone living within 25 miles of one of these chosen dispensaries then they cant cultivate!!!! WTF?
so if L.A CA starts banning out dispensaries i better buy some carbo filters and keep my fucking mouth shut.

hate to pop in like this, but "the supreme court" can easily (and most likely does) refer to the california supreme court...

 

[HB DC]

Sound like the State officials are trying to implement a FED intel gathering dispensary approach!

It is alot easier to monitor a few hundred dispensaries!

 

[SOG]

they are only referring to L.A county
its all political BS, there's still SFC, SD, Humboldt etc,

 

[colonuggs]

High Court prohibits municipalities from using Pack v. City of Long Beach to ban dispensaries


The California Supreme Court dismissed review on Wednesday (8-22-12) of an important appellate court ruling affecting medical marijuana dispensaries throughout the state. Specifically, the High Court threw out the controversial decision in Pack v. City of Long Beach, which previously held that federal law preempted some forms of dispensary regulations.


The Pack decision has been used by several municipalities, including Los Angeles and Long Beach, to suspend or ban outright the distribution of medical marijuana. However, Wednesday's dismissal of the Pack decision throws into question the viability of such bans.


"This is an important moment for medical marijuana patients in California," said Joe Elford, chief counsel with Americans for Safe Access (ASA), a medical marijuana advocacy organization.

"The California Supreme Court has essentially pulled out the rug from under local officials who have used the Pack decision to deny access to medical marijuana for thousands of patients across the state."

ASA

Joe Elford, Americans for Safe Access: "This is an important moment for medical marijuana patients in California"

"Pack is now a dead letter and, because of the California Rules of Court (Rule 8.52, it is disingenuous for any public official to contend that the appellate decision is somehow reinstated," Elford said.


The reasoning used to dismiss the Pack case was that after the California Supreme Court decided to review the appellate decision, the Long Beach City Council repealed and replaced the ordinance with an outright ban on dispensaries thereby making moot the issues before the court. In addition, the petitioners in Pack "have now abandoned their federal preemption argument in favor of unrelated issues not raised or decided at any prior stage of this proceeding," according to the court.


Because the recently adopted dispensary ban in Los Angeles was predicated on the Pack decision, enforcement efforts by the City Attorney would be premature and potentially unlawful. Despite threats of enforcement, patient advocates have vowed to overturn the ban in Los Angeles and are currently gathering just under 30,000 signatures needed to do so.


Several other appellate cases remain before the State Supreme Court pending review later this year or early next year. In one of the most closely watched cases, City of Riverside v. Inland Empire Patient's Health and Wellness Center, ASA has filed an amicus 'friend of the court' brief rejecting the notion that cities can ban local distribution of medical marijuana.


"While municipalities may pass reasonable regulations over the location and operation of medical marijuana collectives, they cannot ban them absolutely," read the brief. "These bans thwart the Legislature's stated objectives of ensuring access to marijuana for the seriously ill persons who need it in a uniform manner throughout the state."


There are currently more than 50 cities and counties in California that have adopted dispensary regulatory ordinances, which are safely and legally accommodating the needs of their patients, as well as other members of their communities. An increasing number of studies also show that regulating dispensaries decrease crime and increase the quality of life in surrounding neighborhoods.

 

[dirtysnowball]

sacramento tried to ban all dispensaries, and yet they are still here well the ones that pay twice the required tax are still here lol

 

[curious2garden]

I'm betting that right after Obama's re-election all the MMJ states will have the rug completely pulled out from under them. Sativex is now completing their IIIB trials and will be released shortly. The feds will then re-schedule Marijuana to II and say that they will use the current prescription system in place to prevent diversion.

Here's more info on Sativex:
http://www.gwpharm.com/Sativex RD.aspx

Oh and if you have some spare change buy stock in GWPharma.

I so hope I'm wrong.

 

[Dice Clay]

Well I have always thought that it was out of control in Cali... sorry, but with that level of blatant profitism, that bullshit scene was and is hurting the rest of us. MM is our only LEGAL venue to be able to use cannabis, and for those of us with serious wasting, and terminal diseases and sickness',l we prefer it not be made a front for legal black market selling... These are supposed to be NON-PROFITS... they are all profit, and flaunting it in the public's face.... try to reign yourselves in before you fuck it up for the rest of us....