LA City Council Passes Pot Ordinance

Well, you can rest assured that this will lead to many, many lawsuits before there is a real resolution.  I’m sure the saddest people involved in this are the real commercial real estate owners that will end up with many vacant storefronts.  Maybe.

LA Times Blog writes:

In a 9-3 vote, the Los Angeles City Council today gave its final approval to an ordinance that will shut down hundreds of medical marijuana dispensaries and impose strict rules on the location and operation of the dispensaries that are allowed.

The measure passed quickly, without debate.

The ordinance, which the council first began discussing more than 4 1/2 years ago, will cap the number of dispensaries at 70 but make an exception to allow all those that registered with the city in 2007 and have remained open. City officials believe that number is around 150.

Hundreds of dispensaries have opened in Los Angeles as the City Council debated its proposed ordinance and failed to enforce a moratorium on new dispensaries. City officials believe there are more than 500 that will be required to close under the ordinance, but some are already preparing to sue the city and collect signatures to force a referendum on the ordinance.

The ordinance also requires dispensaries to be at least 1,000 feet from other dispensaries and so-called sensitive uses, such as schools, parks and libraries. Among other restrictions, dispensaries will be required to close at 8 p.m. and will not be permitted to allow marijuana use at the stores.

The ordinance will not take effect until after Mayor Antonio Villaraigosa signs it and the City Council approves the fees that dispensaries will have to pay to cover the city’s cost of monitoring. City officials are studying those costs and expect to propose the fees soon.

Once the ordinance is in place, the city attorney’s office will send letters to affected landlords and dispensary operators telling them that they must close immediately. If the dispensaries remain open, the city attorney’s office likely will take them to court.

– John Hoeffel at City Hall

As you might imagine there are tons of comments both ways on the article.  Even if you’re for pot smoking, pot legalization, etc. you should be angry at the city for not enforcing any guidelines on the dispensaries and allowing hundreds upon hundreds of them to be opened – many of them in Woodland Hills.  Welcome to the totally ineffective and incompetent government of the City of Los Angeles, and State of California.

The reality is that defending the ordinance will probably end up costing so much that it will be abandoned.

From Dennis Zine’s Newsletter last week:

Medical Marijuana Ordinance Finally Passes
This week, the Los Angeles City Council voted to adopt a permanent ordinance to regulate medical marijuana dispensaries. After over five years of deliberation and many modifications, the ordinance will be before Council for a second reading next Tuesday. The first reading of the ordinance passed by 11 votes.

Highlights of the ordinance include:

• Priority order for compliance will be given to the original 186 operators who registered during the initial Interim Control Ordinance.
• Collectives/cooperatives must operate in compliance with state law and thus, not operate be for profit. They will be subject to annual audits to ensure that they follow the law.
• Collectives/cooperatives will have to locate 1000 feet from sensitive uses, i.e. churches, parks, libraries, and from one another.
• Dispensaries cannot be located next to or across the street from residential uses or zones.
• Collectives will have to comply with conditions of operation including hours of operation, limited signage, conducting daily cash drops to the bank, and have security guards.

The ordinance needs a simple majority of the Council to pass next Tuesday. Upon adoption, the ordinance will be sent to the Mayor for consideration. The final version of the ordinance can be downloaded online at:
http://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=08-0923

Councilman Zine believes that enacting these regulations will shut down a large number of the illegally operating dispensaries while protecting patient’s access to medicine as allowed by California’s Compassionate Use Act. Councilman Zine began this process in 2005 and initiated the initial Interim Control Ordinance in 2007.

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• Article Link: LA Times Blog