patching...
Welcome back, Patch Blogger!

Huizar Makes Headway on Medical Marijuana Ban

The Council member's motion now goes before the City's Planning Commission.

 

A motion to suspend Los Angeles' medical marijuana ordinance ahead of a possible citywide ban on marijuana facilities moved one step closer to a judgment day before the City Council.

The motion—proposed by Council Member José Huizar—would indefinitely shutter Los Angeles' approximately 300 medical marijuana dispensaries, while still allowing authorized patients to grow their own marijuana or have a certified caregiver do so for them.

The City Council's Public Safety Committee on Friday forwarded the proposed motion to the City Council and Planning Commission after hearing testimony from local law enforcement officials, including LAPD Northeast Division Capt. Bill Murphy and Eagle Rock Senior Lead Officer Craig Orange. 

The Planning Commission next meets on Thursday, January 26.

According to Huizar, his motion is in response to the California Second District Court of Appeal's finding last year in the case of Pack vs. the City of Long Beach. The court ruled in the case that Long Beach's medical marijuana ordinance, which is similar to L.A.’s, violated federal law by attempting to regulate the sale of a federally banned drug.

The ruling declares that states are only allowed to decriminalize marijuana, not regulate it. Although the issue is currently before the California Supreme Court, the appellate ruling is binding for now.

Superior Court Judge Anthony Mohr ruled on October 14 that L.A.’s marijuana ordinance is valid and that its enforcement cannot be challenged by as many as 29 dispensaries that had sued the City over the issue. But Mohr also advised the City to revisit the ordinance to determine whether it can withstand a preemptory challenge in light of the Pack vs. Long Beach ruling and the fact that the L.A. ordinance has a provision for a lottery for dispensaries and other regulatory mechanisms.

“Given that we were advised by our City Attorney that we currently have an unenforceable ordinance, we are in a place where we were before we had an ordinance [when] we had a proliferation of dispensaries throughout the city, and with that proliferation came an impact on the quality of life in local communities,” Huizar said when he released his motion to the public in November.

Huizar, who helped craft L.A.'s ordinance, has long expressed his frustration with state laws regarding the cultivation and distribution of marijuana, which have prevented local regulation, including zoning. In December, he was joined in his criticism of the state's flawed marijuana laws by California Attorney General Kamala Harris, who wrote a letter to state legislators, urging them to address what she said was "the exploitation of California's medical marijuana laws by gangs, criminal enterprises and others." (See attached pdf for details of the attorney general's letter.)

There are an estimated 15 medical marijuana facilities in Eagle Rock (as well as adjoining Glassell Park), and two dispensaries in Highland Park.

Related Topics: José Huizar, Los Angeles City Council, Marijuana, and Medical marijuana
Do you support Council Member Huizar's effort to rescind the City's ineffective ordinance and possibly ban medical marijuana dispensaries outright? Tell us in the comments.

josehuizar

12:41 pm on Wednesday, January 18, 2012

We're only 100 dispensaries away from what the city originally proposed for the lottery. Huizar and Trutanich are incorrect in their rejection of dispensaries. The bigger problem for the city is you have dispensaries paying sales taxes to the State Board of Equalization, yet are saying there are no sales and then blindly trying to end these tax paying businesses.They are throwing it in our faces calling it a soft ban; no it is a very debilitating ban and the idea that patients/caregivers can grow in our city will cause a larger problem: FIRES. There is no doubt the city will have to regulate medical marijuana in some aspect; so that means the city would be wrong again in trying to regulate. The federal preemption logic will never win..again, because the city must regulate a voter approved State authorized medical marijuana program. So, preemption will never win. The city must eat it and rethink, not destroy.

Reply

josehuizar

12:43 pm on Wednesday, January 18, 2012

The logic is that the California State medical marijuana program and State Board of Equalization must be banned before a city ban can occur. This is so, because our State has authorized a medical marijuana program and in doing so they are in violation of Federal law. So, if the State of California is breaking Federal law than the city should follow. The City must follow the State. If a law originated at State level you cannot prosecute against what the State has implemented on a City level.

Reply

Marino Pascal

4:41 pm on Wednesday, January 18, 2012

Good arguments but you lose credibility when you post under the moniker "josehuizar". Use your name. Let's stand up and be counted. I'm proud not to be Jose Huizar.

Reply
Comment_arrow

josehuizar

2:09 am on Thursday, January 19, 2012

I tried to, but the Patch editor, was deleting my posts and forcing me off. Apparently my words are making an impact on the psychology of the Eagle Rock editors in kahootz with a certain Eagle Rock Neighborhood Watch/Council member who is anti-dispensary---and most likely because I debated his misinformation with undeniable truths in past eagle rock marijuana articles.

Hulga

5:03 pm on Wednesday, January 18, 2012

Sure a ban on clinics will definitely put an end to "gangs and criminal enterprises". I'm being sarcastic if you can't tell. I think most people know that the clinics are the halfway point to legalization and legalization will end street dealing. I voted for Huizar, but I DO NOT agree with him at all on this issue.

Reply

Muzzy Lu

5:11 pm on Wednesday, January 18, 2012

Medical marijuana, and all marijuana should be legal! It is helpful to people for pain reduction and other maladies, plus marijuana can be a much less harmful recreational drug than liquor, heroin, crack, and cocaine.
Great e-book on medical marijuana: MARIJUANA - Guide to Buying, Growing, Harvesting, and Making Medical Marijuana Oil and Delicious Candies to Treat Pain and Ailments by Mary Bendis, Second Edition. This book has great recipes for easy marijuana oil, delicious Cannabis Chocolates, and tasty Dragon Teeth Mints. goo.gl/iYjPn goo.gl/Jfs61

Reply
Comment_arrow

Michael Larsen

7:38 am on Thursday, January 19, 2012

Qualified patients and their caregivers growing and sharing marijuana to be used for pain reduction and other maladies is PERFECTLY LEGAL in California. The problem is, that's not what we are talking about here.

We are talking about the likely involvement of organized crime in the storefront selling of a powerful drug with no regulation, oversight or enforcement.

That's the problem Huizar is trying to address. He is absolutely in favor of qualified patients having access safe and dignified to medical marijuana (as is the ERNC), but he understands, as anyone who looks at the situation objectively, that the system has been hijacked, and it's time for some responsible action.
The Eagle Rock Neighborhood Council supports Mr. Huizar and his motion to bring some responsibility back to Los Angeles, and do the right thing on this issue.

Comment_arrow

kelly thompson

11:27 am on Friday, January 20, 2012

Michael I believe the hijacking you describe is what this motion stands to achieve. At best it monopolize the power and money into the city, it's officials pockets and agendas. Organized crime comes in many forms this motion just shifts the power. To think that the proposed 'certified caregivers' are not affiliated with powerful organizations is an illusion.

Comment_arrow

Michael Larsen

1:09 pm on Friday, January 20, 2012

Kelly, I see you have brought up this idea in several posts. Can you elaborate a little and describe what the mechanism is for your assertion that the City somehow wants to monopolize MMJ distribution and profits for the benefit of City Officials?
How will this work exactly?

Comment_arrow

Marino Pascal

1:39 pm on Friday, January 20, 2012

If there can only be 100 chiroparactors in the city, 100 denstists, 100 lawyers, 100 liquor stores, 100 barber shops, 100 taco trucks and the city councilmen decide what process to use to pick those 100 is there a possibility that many would want to influence the council members decision with campaign contributions, job offers for relatives, free services etc? Nah. That would never happen.

Comment_arrow

Michael Larsen

1:52 pm on Friday, January 20, 2012

Marino, The last mechanism to choose the 100 was a random drawing of pre-qualified shops, but that was fought against by the shops and later struck down by a judge. Can you think of more fair and unbiased way of choosing?

Comment_arrow

Marino Pascal

2:20 pm on Friday, January 20, 2012

Random & prequalified is not random.
The obvious answer is to not place limits just like there are no hard limits on the businesses I enumerated above . Let the market decide.
You can't complain on one hand that each one of the local 10 stores generates too much traffic and then advocate on the other hand that there should only be one store to handle 10 times the traffic. It's hypocritical.

Comment_arrow

Michael Larsen

4:48 pm on Friday, January 20, 2012

Marino, all of the businesses you mention have stringent regulatory controls on them by multiple levels of government. Pot shops have no regulation whatsoever. If you believe that there is regulation, please point to it. I can't find it.
If you're saying that you would be in favor of the shops having the same kind of regulation as liquor stores, for example, then we would have a starting point for agreement, but until that similar regulation can be put in place, I think they should close.

Comment_arrow

kelly thompson

4:53 pm on Friday, January 20, 2012

Thank you Marino for explaining a monopoly. I think if you just take the basic principles of monopoly and apply it to this motion you can see the connection. I would have to ask you the same question to produce documents that prove the clinics are getting their supply from who is it you say? The Mexican drug cartels, or organized crime, gangs or who ever you say it is. I can personally attest that one of the suppliers for our local clinic is my neighbor. He grows his 6 plants and sells the excess to the clinic. I see no problem with that. I also have no problem closing my windows when the skunk aroma lofts into my home, really a simple solution and no big deal. I have heard that the few main larger 'local' growers that used to supply the city before it was decriminalized supply the majority of the clinics now. Only rumor of course. But do you think Huizar is going to make sure the 'certified clinics' get their supply from several small local growers. I truly believe this is where you will cut out the small guy and play into the bigger more 'organized' suppliers. Again no proof or documentation but I don't think you have documentation to prove where you say you think the supply is coming from. I think I've said all I care to on this. I truly hope that everyone can see the difference between Huizars motion and money, politics, community improvement and individual clinics that need to adjust their behavior.

Rob Schraff

7:59 am on Thursday, January 19, 2012

More from Larsen on race, gangs and medical marijuana:

Michael Larsen 90041 at 11:54 AM November 24, 2011
Patricia Schwarz, where exactly do you think the pot shops are getting their pot? How do you know? Where do you think 17 tons of pot was heading for when they intercepted it in San Diego this week?
THE MEXICAN and OTHER CARTELS ARE RUNNING THE DISPENSARIES! Do you really think that hard core organized crime was going to just shrug their shoulders and walk away from the LA market because a couple of "compassionate" hippies think they now provide all demand? Or do you think maybe they thought to themselves "gee, now we can literally open up storefront retail establishments and sell pot openly with absolutely no oversight by any level of government. Naaaahhhh, let's not do that. Let's keep selling in shady parking lots and basements..."

Comment - If Huiizar's motion passes, it will result in more lawsuits AND more crime. This isn't policy, it's pandering to people who hide their real issues with race and class behind "anti-crime" rhetoric. Note also that Larsen now mouths the Huiza-Trutanich doublespeak that somehow, medical marijuana patients aren't being targeted if all the clinics are closed.

Reply
Comment_arrow

Rob Schraff

9:16 am on Thursday, January 19, 2012

Sorry - This is from the LA Times online letters in the article about Huizar's motion.

In any case, the only answer to failed prohibition is regulation and taxation to moderate possible - as yet unproven in the case of the clinics - social costs, so called Pigouvian taxes. Prohibition, or in this case re-prohibition - whether for "illicit" sex, swearing, drinking, marijuana, or any other of Mr. Larsen's documented passions - has never worked, and will not work now.

The embarrassing thing for me, since Jose Huizar is my councilman, is that he is a smart guy with a Princeton graduate degree in policy, and knows this full well, yet still endorses this kind of rhetoric. I'm sure as an attorney he also knows the end result will be more crime, more drug deals in the park, more medical marijuana patients exposed to real crime and real gangs, and more lawsuits and legal costs for the city.

Really, embarrassing is the only word.

Comment_arrow

Aaron

2:41 pm on Friday, January 20, 2012

I like to look at the parallels between alcohol and marijuana prohibition. Legalized marijuana over time will weed out the criminals as well as any industry can. The demand for marijuana is there, so there will be a supply. I'm hopeful that we can setup reasonable regulations to get the criminals out of the picture over the long term.

We also know prohibition of alcohol did not work, and if we learn from history, we will realize prohibition of MJ doesn't work. Plus, MJ is a far less dangerous drug than alcohol. An argument for MJ prohibition should include an argument for alcohol prohibition otherwise people are just being hypocritical.

Comment_arrow

Erin Malone

5:32 pm on Saturday, January 21, 2012

Ok the cartels are NOT running the dispensaries. One of the dumbest arguments so far. Leave the dispensaries be. As a prior chemo patient my life would not have been the same without medical marijuana. Yes there are people that get it that don't need it, but hey, its being taxed so who cares. More people die from alcohol, not weed. So sick of this argument. The law is there, they need to lay off

bbkong

9:34 am on Thursday, January 19, 2012

"We are talking about the likely involvement of organized crime in the storefront selling of a powerful drug with no regulation, oversight or enforcement."

Oh Michael Larsen, that is so funny on several levels. Let's scare the bejeebers out of the old white people!

* Scare tactics, check
* Unsubstantiated claims, check
* Exaggerated rhetoric, check

Let me fix that for you-

"We are talking about the likely involvement of dragons in the storefront selling of a powerful magical spells with no regulation, oversight or enforcement."

There. It makes much more sense now.

Here's a little FYI for you: these dispensaries sell high quality stuff that has been grown locally and professionally. Look north for the source, not south. Mexican weed is poor quality, subject to being grown with all sorts of nasty chemicals and winds up in states with draconian pot laws because that's all you can find there.

I love it when clueless people try to make laws about things they don't know anything about, like Congress trying to control the internet.

Completely clueless and hysterically funny. Except it's not funny.

Reply
Comment_arrow

Michael Larsen

10:21 am on Thursday, January 19, 2012

bbkong, thanks for the FYI.
Now please give us all a little more info.
Please let us know where we can access the documentation that the pot the shops are selling is "high quality stuff that has been grown locally and professionally".
Please show us exactly where it's grown; the meticulous, professional standards that are followed to ensure the health and safety of the seriously ill cancer patients using it; the protections against organized crime being involved, who is responsible for overseeing the industry, etc.

Please clue us in since you seem to have the facts and info.

I tend to rely on things like official letters from the top law enforcement officer of State of California, Kamala Harris, who says she is "troubled by the exploitation of California's medical marijuana laws by gangs, criminal enterprises and others."

Comment_arrow

Rob Schraff

11:36 am on Thursday, January 19, 2012

The price of medical marijuana has plummeted, and the quality has dramatically improved since it was legalized. This was both predictable based on competition and legal, local sourcing, and observable even to occasional clinic users like me.

There is an issue of clinics needing appropriate regulation and oversight, as Kamela Harris recognizes, but the answer is not to push medical marijuana patients back into the shadows, and actually increase illegal drug sales and their associated problems. Including, no doubt, street-level sales. That's why Jose Huizar's motion is an act of political cowardice all but guaranteed to increase crime, and that definitely will increase the city's legal bills - for no discernible reason - until the statewide legal issues are settled. This LA Times Editorial covers much the same ground: http://www.latimes.com/news/opinion/opinionla/la-ed-marijuana-20120104,0,2171968.story

By the way, Michael, where is your evidence that clinics are run by Mexican Cartels and create crime? As far as the latter, surely you know about the RAND study, withdrawn under political pressure, that claimed just the opposite? And what about all the business, jobs and taxes medical marijuana patients generate, not only for the clinics, but for other businesses up and down Colorado?

Marino Pascal

10:01 am on Thursday, January 19, 2012

Re: pot shops "likely" involvement with organized crime.
You scored again Michael Larsen.
May I also jump on the unsubstantiated charges bandwagon and allege that Jose Huizar is promoting re-prohibition because he has ties to organized crime and wants to bring the distribution back to the street gangs?

Reply
Comment_arrow

Rob Schraff

10:57 am on Thursday, January 19, 2012

OK, I stand corrected. Maybe you can go with Huizar-Humor. Here are some possible recent headlines:

"Huizar Encourages Marijuana Sales In Parks, Back Alleys."

"Northeast LA Gangs Set To Create Nearly 100 Entry-Level Jobs If Huizar Motion Passes."

"Huizar Motion Outsources Hundreds Of American Jobs To Mexico."

"Huizar Says No To Medical Marijuana, Yes To Gangs."

David

10:59 am on Thursday, January 19, 2012

Maybe patients should have not counted on the clinics. The patients (not the City) are the one's that put themselves in their own dire situation. My friends and I
seen this ban coming long ago and we adjusted so not a problem. In other words,
the patients screwed themselves by relying on a clinic fantasy and not something real and lasting.

Reply

Tim Ryder

3:30 pm on Thursday, January 19, 2012

I have found that the most frustrating thing about this whole issue is that I can't seem to obtain any evidence to backup what Mr. Larsen and Jose Huizar allege about these medical marijuana collectives. I started the CCUWC last year to help unite the Collectives with my Community by understanding who there are and what they are doing. I've filed Public Records requests with Mr.Larsen and Jose Huizar to see what complaints or nuisance reports they have so I can better work with the Collectives and remedy any issues that have occur and they have been no help at all with that, while stonewalling me all the way. So I have had to do my own research. I visit the Collectives in Eagle Rock on a regular basis and they all appear to be very clean, well managed and friendly while providing safe access to this now quite popular herb.

Reply

Marino Pascal

4:25 pm on Thursday, January 19, 2012

A short history on marijuana prohibition. Started in 1937 on federal level based on lies that sound awfully familiar.
http://www.youtube.com/watch?v=2r2zJQvs1Qo

Reply

Patricia Neale Vuagniaux

5:30 pm on Thursday, January 19, 2012

Reading these comments, made me laugh and I wonder how many of you actually live a few houses down from a MMD? I do. I live on College View... the problem for us is the traffic and the types of people that show up. There is a traffic jam at the corner of Colorado and College view, Graffitti, and car loads of kids running in and out. The other business that share the parking lot with the MMD, are frustrated. Their customers never find parking... The houses closest to the MMD suffer the worst; trash, fights, blocked driveways. My house if further up but on average we get 15-20 cars making deals in front of our house per day. It's really brought the neighborhood down. On a side note; I like to drink wine but I don't go the a liquor store and park my car in front of your house and start drinking. That would be illegal. But I cannot tell you how many times we see this happening on College View. I think MMD should be located in commercial areas with very large parking lots with armed security guards. They should not be allowed to open in family communities. I'm not picking on MMD-these are just the FACTS that exist on my street. If you set up a camera and filmed it from a car-you would understand what we go through... Again, I have no problem with MM being legal. I think is healthier than prescription meds. We just need to work together and move them to locations where families and small business are not impacted.

Reply
Comment_arrow

Marino Pascal

7:08 pm on Thursday, January 19, 2012

Patricia, I have great respect for you and I credit Swork as the shop that started the new Eagle Rock. Also back then TERA helped small businesses like yours to open, instead of putting up nimbyist roadblocks like ERNC does now . So I'm a little perplexed with your objections. Outside of the Eagle Rock Mall and the block where Swork is located I don't know of any commercial area that's not within 150ft of houses or next door to another business. And since when a business does not want human traffic near their business? As for the parking situation again outside the Eagle Rock Mall and that hideous strip mall on Argus & Colorado I don't know any business in Eagle Rock that has adequate parking. Is that what we want for Eagle Rock? Strip malls and businesses that don't see more than one customer an hour? Swork would have never opened. We wouldn't have Coffetable, CaCao Mexicatessen, Cafe Beaujolais and many of the places that make Eagle Rock special. Beware what you wish for.
Maybe Medical Marijuana should be sold at pharmacies like Rite Aid and CVS or government stores like they sell liquor in some states back east, I don't really know. I know that prohibition is not the solution and I know that chasing small businesses away under the cover of traffic, parking etc leads us only towards the suburban model. The houses are "here", the businesses are "there" and you need to drive your car to go from one to the other. I honestly don't think that's what the community wants.

Comment_arrow

Aaron

2:51 pm on Friday, January 20, 2012

Are you ever able to get local law enforcement to visit your area when people are loitering and possibly making illegal deals? Regardless of the debate, it would be great to see law enforcement setup a stronger presence in areas of trouble (regardless of the businesses involved. I've heard in San Diego during the summer, the police setup a mobile office at several beach locations that bring in folks looking for trouble. It is my understanding that much like a liquor stores, people are not allowed to loiter and consume the product. I believe that is true for dispensaries as well. I do think these types of problems will lessen as MJ becomes legal. Anyway, I am truly sorry you are experiencing those issues in your community. Did they occur before the dispensaries were there?

joyce hong

6:24 pm on Thursday, January 19, 2012

I happen to live down the street from a clinic as well, and I must say that they are very low key. I would not even know they existed except for the green cross. I am sorry to hear about the trouble you are experiencing, but I don't believe this to be the norm. I would love to see some video footage of your complaints regarding the alleged deals going on.

Reply
Comment_arrow

Michael Larsen

6:45 pm on Thursday, January 19, 2012

Here's a great video featuring some of the finest ER pot shops including American Eagle Collective (AEC), the illegal shop that Patricia is talking about: http://www.kcet.org/shows/socal_connected/content/politics/reefer-madness-11021020112.html

Comment_arrow

Rob Schraff

7:36 pm on Thursday, January 19, 2012

No traffic. No trash. No reselling, No parking in driveways. No gangsters. No Mexican cartels. No evidence at all.

Just old Larsen PR - inviting in the Feds! Maybe the feds can also prevent swearing and beer-drinking in Yosemite Park? And run stings to detect "Illegal" massage parlors?

Really, the feds are a great solution for alleged parking and traffic problems on College View, Michael! Way to have a sense of scale and your own relevance.

Comment_arrow

Pat

9:38 pm on Saturday, January 21, 2012

http://www.youtube.com/watch?v=RlA8rwpC-TY

So what's that I hear about the cartel? There are HOMELESS people (including female and elderly) STARVING on every other block in Eagle Rock and Huizar and his boy wonder-Michael Larsen can stop talking about trivial statistics on pot shots?
HELLOOOO??? http://www.youtube.com/watch?v=RlA8rwpC-TY

Barry

7:36 pm on Thursday, January 19, 2012

I have been reading these posts since The Patch started covering the MMD fiasco, and no matter what anyone says about how MMD's have lowered the standard of living in many neighborhoods someone always has to retort that they don't and we are all just neocons or prohibitionists and don't care about compassion for the sick. Enough is Enough. Marijuana is not the issue. The behavior of many, not all, but many of the "patients" is the issue. Patricia is dead on. I live on the street and have seen it since the day they opened. Most in the neighborhood with children don't even let them play outside anymore in their own front yards (Do you need some proof, Joyce?)
Urinating on buildings, illegal parking, side deals, loitering, fighting, blaring car stereos, excessive speeding, illegal u-turns, screaming up and down the street, trespassing, and medicating in parked automobiles.
And as far as seeing video footage? The police have seen it and they are very aware of the situation. They have actually told me and other neighbors to not photograph anymore due to possible retaliations. People don't act this way at the dry cleaners why is picking up your medicine any different? Bottom line, pro medical marijuana advocates should actually be more upset with people who can't control themselves when picking up their medicine, than they should be with neighbors who are just trying to protect their rights to lead a peaceful existance

Reply

Rob Schraff

7:48 pm on Thursday, January 19, 2012

"Oops, we would have the video, but the police said they don't need any more evidence, they have all they need."

The police can address all of the actual illegal behaviors you cite, from fights to illegal parking, to urinating in public, to traffic violations, to side deals. Why don't they do their job?

And you really think traffic on Colorado is because of the clinic? Maybe we need federal traffic police AND federal parking police.

Reply
Comment_arrow

Barry

8:09 pm on Thursday, January 19, 2012

You clearly enjoy having a go at anyone who doesn't agree with you and that is fine. So ill entertain you for a moment. The street in question is actually College View, not Colorado. And as far as the police doing their job, a urination and an illegal u-turn aren't top police priorities, and I know that, thus response times and attention to the act is low priority. However they are a huge neighborhood annoyance day after day. My question to you is why do you always take the side of everything MMD? Are businesses suppose to act with complete recklessness to their neighbors, MMD or otherwise? Common sense would dictate that acting out where people live is just poor judgement. Why would you be an advocate of such behavior? Or do you just like to argue for argument sake?
As for your far reaching stab at humor. We probably don't need a federal traffic police nor a parking police, just patients who are in need of some compassion, to actually have some compassion for others when they are picking up medication, much like they would do at a walgrens or CVS, nothing more.

Comment_arrow

Marino Pascal

12:03 am on Friday, January 20, 2012

I'm willing to accept Patricia's and Barry's word who live there that all the problem traffic and parking and public urination is coming from AEC customers. But that's the same problems that neighbors of Dodger Stadium complain about. Is anyone advocating banning baseball in all of Los Angeles except in the privacy of one's own backyard? Because that's what Jose Huizar and Michael Larsen are proposing.

This is not the first or the last time that some business or its customers will have an adverse impact on the immediate neighborhood. There are ways to address that other than wholesale ban of all the businesses of that type. Limit hours, permit parking, security etc.

As a landlord I pay a fee every year for the city to come and inspect me. We don't ban rental property cause some property owners are slumlords. In the film industry where I've worked for 20 years we pay city "monitors" to come and inspect us when we shoot on location, esp locations that have reported frequent complaints. We don't ban all location filming cause it has inconvenienced some.

As a society we have mechanisms to negotiate the coexistence of competing interests without abolishing one to satisfy the others.

Comment_arrow

David Klinger

12:18 am on Friday, January 20, 2012

I don't think anyone would advocate banning baseball due to complaints for the neighbors, but the Dodgers, trying to be good neighbors, might try to address the complaints, and the City may try to implement reasonable regulations to alleviate the issues.

It sounds like you are okay with reasonable regulations on MMDs. The problem is that the recent court decision (the Pack case) held that the City can't regulate MMDs. So what do you advocate in solving this problem? Should the City try to enforce its current regulations that were held invalid in the Pack case, and thereby lose on any legal challenges? That doesn't sound like a very fiscally prudent move. And if the City were to try to draft new regulations, it seems like the Pack case would dictate that those regulations are also invalid. That doesn't sound like a very fiscally prudent move. Do you have a solution?

I have read complaints from residents living near MMDs, and the response from MMD supporters is "prove it." Tim Ryder says that he hasn't seen anything or heard of anything from what he considers a reliable source, so he doesn't believe anything improper is occurring. Rather than attack the credibility of nearby residents and ignoring complaints, why don't the MMD supporters get together with Tim Ryder's group and the MMDs and try to find ways to resolve the complaints? A security guard in the parking lot or the front of an MMD doesn't seem like it solves the issues people have companied about.

Comment_arrow

Rob Schraff

7:08 am on Friday, January 20, 2012

@ Barry - I am sincerely sorry you experience some of the problems associated with living very near a busy commercial street. I am sure with the recent gentrification and development of Colorado Boulevard this has created a number of new nuisances, including those caused by loutish clinic customers. As others and I have pointed out, however, there are a number of remedies open to you before tarring all medical patients with one brush and banning all clinics, all across LA. This is extreme, and will have a huge negative effect on not only medical marijuana patients, but all residents as crime is pushed back into alleys and parks. And let's assume that "most" AEC medical marijuana patients are young, relatively healthy, young men, lots of them from Glendale - so what? How does this make criminalizing such people a good idea? Prohibition of marijuana is over in California, and its time to deal with the results.

Finally, I find it remarkable that the owner of Swork, a business with no street parking that no doubt creates plenty of parking and litter issues for its nearby residential neighbors, is criticizing a local business with off-street parking and a sign on the door urging customers not to park on the street. Really? (And, for further irony, look into the history of coffee and coffee houses. Sheeesh.)

Marino Pascal

1:20 am on Friday, January 20, 2012

The majority of councilmen and city councils don't have as extreme view as Juizar and the ERNC so it's you guys that need to do the explaining how you can regulate something by pushing it completely outside the law.
I do believe that in time we can regulate MMDs like we regulate all aspects of civic activity.

The reason this started on the wrong foot and the MMDs opponents lost all credibility was because their opposition was based on the number of MMDs not on any adverse effects of any particular one. That showed a moral prejudice towards the product way before the Long Beach decision.

I really don't have an answer on how to regulate MMDs. I'm not a lawyer or a lawmaker BUT I understand there is a conflict between state and federal law and I know it has happened before with abolition and civil rights and it's happening now with gay marriage. It's legal in some states not legal in others or the fed. We are at the cusp of something new. Some of us want to move forward and others want to roll the changes back. That's what it's all about.

Juizar and Michael Larsen will not find the solution because they are trying to solve the wrong problem. Their problem is that there are too many MMDs ie too much "sin". The actual problem is that SOME of them may not be good neighbors, something that can happen with any business, yes even dry cleaners when they spew toxic fumes. It's a product. We need to regulate it, tax it and move on.

Reply

Robyn

11:40 am on Friday, January 20, 2012

Interesting read along with Eagle Rock Patch's most informative articles!

http://www.counterpunch.org/2012/01/20/obamas-war-on-medical-marijuana/

Reply
Comment_arrow

kelly thompson

12:22 pm on Friday, January 20, 2012

Thanks for posting I did read that. I noticed he did not endorse this motion either. He also raises interesting points some that I noticed David shared earlier. Cheers!

kelly thompson

11:52 am on Friday, January 20, 2012

Perhaps all business on Colorado should be required to pay and provide customer parking, control littering, loitering whether at tables or standing, noise, excessive stereos, u-turns, huh! Since coffee and alcohol promote urination perhaps we should blame all bars and coffee houses for anyone who urinates publicly and shut them down. Absurd right! You can no more control assaults at the corner of Colorado and Eagle Rock bus stop as a business owner as you can these other accusations. Or can you as a business owner control these things? Perhaps their are other ways to create a dialogue with these business in order for them to discuss it with their patients one of many suggestions listed in this thread. Perhaps landlords can help in these situations their are other legal ways to address individual businesses. This motion does not do that. I feel that these issues should be addressed but not as a blanket, shut them down and let government control who can and can't sell. Unfortunately times have changed when I was a child we were off on our bikes and not seen until dinner. Our children don't have the same safety advantages we did when we were growing up REGARDLESS of these clinics.

Reply
Comment_arrow

kelly thompson

12:08 pm on Friday, January 20, 2012

Well this was in response to Robyns now deleted post! So it may seem strange to those of you who didn't read it before it was deleted. Oh well.

Aaron

2:33 pm on Friday, January 20, 2012

Pack vs. the City of Long Beach was rendered moot by the Supreme Court yesterday.

Reply

Barry

5:31 pm on Friday, January 20, 2012

Aaron- What does the rendering of Pack v. Long Beach actually mean? Does that mean LA can actually enforce their ordinances? Can cities ban or not ban MMD's? What are the actual ramifications of this motion? Thanks in advance.

Reply

Aaron Foster

7:11 pm on Saturday, January 21, 2012

Great question Barry. I'll refer you to this article that discusses that http://www.eastbayexpress.com/LegalizationNation/archives/2012/01/19/medical-marijuana-activists-cheer-california-supreme-court-decision-to-review-dispensary-bans

I hope that helps. I'd love to hear more answers to your question as well. Since I am not a lawyer, it would be great to hear from someone more qualified spell out exactly the meaning of the ruling. Quoting that article (I hope that is okay on this forum), "Cities and counties can no longer use Pack to ban clubs, said Americans for Safe Access legal counsel Joe Elford. “We're very pleased that local governments will now be unable to use appellate court decisions to deny patients access to medical marijuana in their own communities."

AA

Reply

John

4:00 pm on Friday, February 10, 2012

Please ask the City Council to allow medical marijuana dispensaries to operate unhindered in the City of Los Angeles.

The best course of action for The City of Los Angeles is to take no action regarding medical marijuana dispensaries. The City should not allocate any funds or resources whatsoever for the enforcement of marijuana laws.

The City should make no laws, ordinances, or regulations regarding the sale, possession, distribution, or use of marijuana by adults over the age of 18. Medical marijuana dispensaries should be taxed and licensed the same as any other business operating in the city.

Federal marijuana laws are arbitrary, hypocritical, unfair, and prejudicial and serve no worthwhile purpose other than to make criminals of otherwise law-abiding, tax-paying voters. It is not the job of the LAPD to enforce these stupid, malicious, costly, and heartbreaking federal regulations.

Medical marijuana dispensaries have operated in legal limbo for over six years in Los Angeles. Contrary to what the council and city attorney would have you believe, apparently there have been hundreds of medical marijuana dispensaries operating without any problems or complaints in their neighborhoods.

Reply
Comment_arrow

joyce hong

11:04 am on Saturday, February 11, 2012

John, the so called "gentle" ban will hurt legitimate patients who are not able to grow their own medicine. The City Attorney has created draconian regulations which have been a disaster. People who push for this "gentle" ban are disingenuous at best as their contempt for cannabis is stronger then their respect for legitimate patients. Maybe Mr. Larsen will allow patients to grow in his garage. We will have to check with his first though. It appears that other neighborhood councils do not support this Draconian ban like the ERNC does http://goo.gl/UtCkA

Michael Larsen

7:33 pm on Friday, February 10, 2012

John, two major community groups in Eagle Rock have asked the City Council to support Mr. Huizar's Ban-Until-Regulated efforts. The Eagle Rock Neighborhood Council and The Eagle Rock Association both agree with you that "dispensaries should be taxed and licensed the same as any other (comparable) business operating in the city." But that cannot happen until the California Supreme Court and the California Legislature determine what regulations are allowed. Until then, we support a ban on storefront pot shops and delivery services.

Reply

Leave a comment