Pubdate: Sat, 20 Jun 2009
Source: Los Angeles Times (CA)
Copyright: 2009 Los Angeles Times
Contact: http://drugsense.org/url/bc7El3Yo
Website: http://www.latimes.com/news/printedition/front/
Details: http://www.mapinc.org/media/248
Author: John Hoeffel
Cited: Los Angeles City Council 
http://lacity.org/lacity/YourGovernment/CityCouncil/index.htm
Bookmark: http://www.mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

ILLEGAL L.A. MARIJUANA DISPENSARIES LOSE EXEMPTION LOOPHOLE

The City Council Eliminates a Provision in the 2007 Moratorium That 
Allowed Outlets With Pending Applications to Stay Open. The City Will 
Continue to Work Toward a Permanent Ordinance.

Seeking to halt the spread of medical marijuana dispensaries, the Los 
Angeles City Council on Friday sealed a legal loophole that had 
allowed hundreds to operate in open violation of the city's moratorium.

The council now faces the daunting task of trying to shut down these 
dispensaries.

By Friday, 665 had applied to the City Council for exemptions from 
the moratorium. Most opened without permission. As the first step to 
closing them, the council must act on each request.

"I feel like the guy with the finger on the dam. It's all cracking," 
said Councilman Ed Reyes, who heads the committee that must review 
each application. "I've got to stay focused and not panic."

The city adopted a temporary ban on new dispensaries in 2007 and 
continues to debate a permanent set of rules to control them.

The moratorium allowed existing dispensaries to remain open if they 
registered with the city, and 186 met the requirements.

But the moratorium failed to prevent more dispensaries from opening, 
prompting concern from residents in many neighborhoods that spurred 
the council into action.

Looking into the proliferation, council members were shocked to find 
that a provision in the moratorium was having the unintended effect 
of encouraging dispensaries to open.

Would-be dispensary operators were applying for hardship exemptions 
from the moratorium, knowing the city attorney's office had decided 
it could not win court cases against dispensaries with pending applications.

Until last week, the council had not acted on a single application.

The council's action Friday eliminated the exemption provision. The 
city will no longer accept applications.

"Your day is over for those who are doing this to make a quick 
profit," warned Councilman Jose Huizar, who pressed for the fix after 
constituents in Eagle Rock complained.

The city will now be able to take action against dispensaries when 
they open. If they refuse the city's order to close, the city 
attorney can seek civil fines of $2,500 a day. Owners could also face 
up to six months in jail.

The council, however, will have to hold hearings to close those 
dispensaries that filed applications for exemptions.

Reyes, who will oversee the process, predicted that he could deal 
with two or three cases in an hour, which could tie up the planning 
committee for hundreds of hours.

"That's why my colleagues are like, 'Oh, my God,' " he said.

On June 9, to demonstrate it would act forcefully against medical 
marijuana dispensaries, the council denied a dozen exemption 
applications. But in the eight workdays since, it has denied only one.

Reyes intends to wade through applications until the council adopts a 
medical marijuana ordinance. Once that happens, all the dispensaries 
in the city -- even those that asked for exemptions -- would have to comply.

The council is considering provisions that would keep dispensaries 
1,000 feet from each other and from schools, libraries, parks and 
other places children congregate. That could force many dispensaries to close.

On Friday, the council also gave itself more time to write the 
ordinance, extending the moratorium until March 15. It was set to 
expire in September.

Reyes, however, promised: "It doesn't mean we're going to take that long." 
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MAP posted-by: Richard Lake