Pubdate: Wed, 31 Jul 2013
Source: Los Angeles Daily News (CA)
Copyright: 2013 Los Angeles Newspaper Group
Contact: http://www.dailynews.com/writealetter
Website: http://www.dailynews.com
Details: http://www.mapinc.org/media/246

L.A. MEDICAL MARIJUANA SHOPS CHALLENGE PROPOSITION D BAN

LOS ANGELES -- The Los Angeles City Council will meet behind closed 
doors today to discuss threats of legal action by the operators of 
two medical marijuana dispensaries ordered to shut down under 
voter-approved Proposition D, which pared back the number of pot 
purveyors in the city.

Voters approved Proposition D on May 21, banning medical marijuana 
businesses in Los Angeles while exempting shops that registered for 
licenses prior to a 2007 suspension on new dispensaries. The 
proposition went into effect June 20.

The city has released a list of 134 dispensaries exempted from the 
ban and has refused to consider appeals from those who say they 
should have been on it.

Last month the city attorney sent 1,716 letters notifying landlords 
and owners of "medical marijuana businesses" of the ban and ordering 
them to cease operations, said City Attorney spokesman Rob Wilcox.

The City Council is expected to discuss today a threat of litigation 
from attorney Arthur Hodge, who represents the Downtown Patients 
Group Dispensary and the Timothy Leary Memorial Dispensary in North 
Hollywood -- two businesses not included on the exemption list.

In a July 11 email to the city, Hodge stated his clients received 
notification letters "asserting they are not entitled to the 
immunity," but under his "reading of Prop D, they qualify ... and the 
letters are in error."

"Please advise, as we have no choice but to bring fresh Petitions for 
Writ of Mandate for these collectives if we cannot come to terms on 
them," he continued.

Hodge prodded the city again on July 17 after not getting a response 
to his previous email. His missives are part of council files 
included with the agenda for today, when the council members also 
plan to discuss ongoing litigation challenging L.A.'s previous 
medical marijuana laws.

Another attorney, David Welch, said he believes there are as many as 
40 additional businesses eligible for immunity from the ban. He said 
he represents 15 businesses that were overlooked for inclusion on the 
city's list and that he has sent letters on their behalf urging 
reconsideration.

Welch previously represented Ordinance F, a medical marijuana measure 
that would have set regulations for dispensaries but would not have 
restricted the number.
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