NEWS: Court of Appeal Upholds Shutdown of Local Marijuana Clinic

Justices Say Facility Operator Implicated in Multiple Incidents of Illegal Activity Not a ‘Primary Caregiver’

The Court of Appeal for this district has upheld an order shutting down a medical marijuana dispensary that straddles the Los Angeles/Culver City boundary.

Div. Two yesterday ordered publication of a March 26 opinion by Justice Victoria Chavez. The panel said Jeffrey K. Joseph, who represented himself, presented no evidence that would have entitled him to a trial in the nuisance abatement action brought by the city attorneys of both cities, so summary judgment and a permanent injunction were properly granted.

Los Angeles Superior Court Judge Michael Johnson, who issued the injunction, that Joseph had no defense under Proposition 215 or the Medical Marijuana Program Act. The injunctions prohibits Joseph and Organica from unlawfully selling, serving, storing, keeping, manufacturing, or giving away controlled substances, including marijuana, anywhere in Culver City or the City of Los Angeles, and from using Organica, Inc.’s business license and tax registration certificate to engage in such activities anywhere in Culver City or the City of Los Angeles.

Johnson also granted judgment for $325,829.75, consisting of $130,000 in civil penalties, $88,165 in attorney fees, $106,549.75 in investigative costs, and $1,115 in court fees.

Multiple Incidents

Chavez, writing for the Court of Appeal, noted that Joseph and the clinic, called Organica, had a history of involvement with illegal drugs. She cited 13 incidents that occurred between 2008 and 2010, including purchases of marijuana by undercover officers; the discovery of marijuana, along with other illegal drugs, in searches by the Drug Enforcement Administration; several police stops of vehicles near the clinic, resulting in seizure of illegal drugs, which the occupants said they obtained at Organica; and a traffic stop in Riverside in which Joseph was found in possession of psilocybin, hashish, and brownies believed to contain marijuana, and a passenger was found in possession of cocaine.

The MMPA, Chavez wrote, protects the cultivation of marijuana for medical purposes. “It does not cover dispensing or selling marijuana,” nor does it permit a clinic to operate for purposes of profit.

‘Primary Caregiver’

A “primary caregiver,” the jurist acknowledged, may collect reasonable expenses incurred in providing marijuana to qualified medical marijuana patients. But Joseph failed to qualify, she said, because he presented no evidence that any patron had designated him their caregiver, that he had assumed responsibility for the wellbeing of any of them, or that Organica had a license to operate as any kind of health or care facility.

The vast majority of patients, the justice further noted, came from outside the area in which it operated.

It was also clear from the evidence, Chavez wrote, that Organica was being used by Joseph to conduct illegal activities.

The jurist explained:
“On multiple occasions, undercover law enforcement officers purchased marijuana at Organica’s premises. Menus listing the varieties and prices of marijuana available for sale were prominently displayed at the premises. An officer observed Joseph assisting an Organica customer with a purchase. In three separate warranted searches of Organica’s premises, law enforcement officers recovered 155.1 kilograms of marijuana, 698 marijuana plants, 488.9 gross grams of marijuana seeds, 43.9 gross grams of marijuana cigarettes, 22.8 kilograms of various edible products containing marijuana, and large amounts of cash.”

Attorneys for the plaintiffs on appeal included Los Angeles Assistant City Attorney Asha Greenberg, Los Angeles Deputy City Attorney Anh Truong, Culver City City Attorney Carol A. Schwab, and Culver City Deputy City Attorney Lisa A. Vidra.
The case is People ex rel. Trutanich v. Joseph, B232248.

Source: Metropolitan News

NEWS: LA marijuana dispensary workers join labor union

LA marijuana dispensary workers join labor union

LOS ANGELES -- Marijuana dispensary workers in Los Angeles have joined a labor union to fight for their jobs in an industry that the federal government considers illegal.

Workers at 14 pot shops have formed the "medical cannabis and hemp division" of the United Food and Commercial Workers, Local 770. The 35,000-member union also represents grocery clerks, pharmacists and health care workers.
"This is the next step in professionalizing and stabilizing this new sector of the health care industry," Local 770 President Rick Icaza said at a news conference Thursday. "This is a positive step towards successfully integrating compassionate care into our system of health care."

Los Angeles currently caps the number of medical marijuana dispensaries, but the City Council is considering a full ban in light of a court decision that limits its ability to regulate them.

Icaza said the union would use its considerable political weight to pressure officials to find an alternative to a total ban.

That help will be welcome, said Yamileth Bolanos, president of the Greater Los Angeles Collectives Alliance, which represents dispensaries.

"It's time to bring in some big guns," she told the Los Angeles Times ( http://lat.ms/GQqPfS). "Not only are they threatening access for patients, they're also trying to take jobs away from our employees."

Pot clinics flourished in California after voters in 1996 voted to permit people to cultivate and possess marijuana for what became nearly any medical reason. As hundreds of dispensaries opened, cities and counties struggled to interpret the state law, which was light on specifics.

Some communities sought to outlaw the pot clinics under existing zoning and other ordinances, while others tried to regulate them.

Court rulings have further muddied the waters. Last month, a state appellate court ruled that cities cannot use nuisance ordinances to ban medical marijuana dispensaries.

A Los Angeles-based appellate court last year struck down Long Beach's attempt to license marijuana stores, ruling the local ordinance conflicted with federal law. And another appellate court upheld Riverside's right to close and prohibit dispensaries despite the state's medical marijuana law.

Early on in the Obama administration, the U.S. Justice Department said prosecutors wouldn't focus on pot dispensaries that were following state medical marijuana laws even though the entire industry was considered illegal under federal statutes.

But that attitude has changed, with federal prosecutors arguing that many ostensibly nonprofit clinics are raking in money by supplying marijuana to people without a medical need.

Since last year, federal prosecutors have warned California clinics that they are illegal, filed criminal and civil charges against some owners, and threatened to seize properties that are leased to pot growers. About 140 dispensaries in more than 20 Southern California cities have been told to shut down since October when federal authorities began their statewide effort.

The crackdown hasn't dissuaded some communities from welcoming pot shops. Earlier this month, Oakland officials granted approval for four new medical marijuana dispensaries in the city, bringing the total to eight. Officials said the four dispensaries would generate $1.7 million in annual tax revenue for the city.

Source: The Sacramento Bee

VIDEO: Mike Oliveri Gets the Final Word at a LA City Council Meeting

Due to transportation difficulties, Mike Oliveri (patient activist) arrives at the Los Angeles Council Meeting right at the tail end of Public Comment. Nevertheless he still manages to get in and on record, the case for medical marijuana collectives.

NEWS: Study: Crime in surrounding area increased after closure of LA medical marijuana dispensaries

LOS ANGELES — A new study released Tuesday showed that when hundreds of medical marijuana dispensaries were closed last year in Los Angeles crime rates rose in surrounding neighborhoods, challenging claims made by law enforcement agencies that the storefronts are magnets for crime.

The report by the nonprofit RAND Corp. reviewed crime reports for the 10 days prior to and the 10 days after city officials shuttered the clinics last summer after a new ordinance went into effect. The analysis revealed that crime increased about 60 percent within three blocks of a closed dispensary compared to the same parameters for those that remained open.

“If medical marijuana dispensaries are causing crime, then there should be a drop in crime when they close,” said Mireille Jacobson, a RAND senior economist and the study’s lead author. “Individual dispensaries may attract crime or create a neighborhood nuisance, but we found no evidence that medical marijuana dispensaries in general cause crime to rise.”

Crime was among the concerns that prompted the City Council to pass the ordinance that put strict guidelines on the pot clinics and forced many of them to close. Law enforcement authorities have long argued collectives attract crime because they often handle large amounts of cash and thieves can resell marijuana.

Two workers at different dispensaries were killed during robberies in June 2010.

Los Angeles County Sheriff Lee Baca went one step further last September when he said nearly all dispensaries operate as criminal enterprises, a claim that infuriated medical marijuana supporters who have said law enforcement officials have resorted to scare tactics to advance their agenda.

 “They have perpetuated this myth that there is more crime associated with collectives,” said James Shaw of the Union of Medical Marijuana Patients, an advocacy group for medicinal marijuana users. “This council should be emboldened to revise the ordinance so it’s not so draconian to the patients and their associations.”

Researchers looked at crime reports for 600 dispensaries in Los Angeles County — 170 that remained open and 430 ordered to close. They found that the further away from the clinics the less crime there was: within six blocks of a closed dispensary crime rose by 25 percent and by 10 blocks there was no perceptible change in crime.

The study said some of the factor for the increase may be because the storefronts had security cameras and guards, there was less foot traffic and fewer police patrols.

The city attorney’s office called the study “deeply flawed.”

 “It relies exclusively upon faulty assumptions, conjecture, irrelevant data, untested measurement and incomplete results. The conclusions are therefore highly suspect and unreliable,” the city attorney’s office said in a statement.

Councilman Ed Reyes called the report an “eye-opener” but said it was limited in its findings because it was conducted over a short period of time.

 “I think the study needs to continue because it’s a snapshot,” Reyes said. “It verifies how complex this issue is.”

Legal challenges still remain over whether city officials have the right to close dispensaries since state law allows medical marijuana collectives. Marijuana is still illegal under federal law.

A judge in December ruled certain portions of the city ordinance were unconstitutional. Council members amended the ordinance but a lottery that would allow 100 collectives to remain open has yet to be conducted.

Source: The Washington Post

Los Angeles Medical Marijuana Dispensaries, Collectives and Co-ops

« Back

We encourage you to call the collectives prior to making the trip, in case the hours have changed or the facility has been closed.

Adams/Hill Discount Center
2602 S. Hill St. [map]
Los Angeles, CA
Hours: Mon-Sat 10am to 8pm, Sun 10am to 6pm
Phone: 213-440-8595

Amsterdam Mart
4718 Fountain Ave. [map]
Los Angeles, CA 90029
Hours: Mon-Sun 10am to 10pm
Phone: 310-256-9959

Atwater Alternative Care Collective
3106 Glendale Blvd. [map]
Los Angeles CA 90039
Hours: Mon-Fri 11am-10pm, Sat-Sun 11am-9pm
Phone: 323-661-6200

Best Quality Herbal Medicine
1833 E. Vernon Ave. [map]
Los Angeles, CA 90508
Hours: Mon-Sun 8am to 12am
Phone: 323-233-1779

California Herbal Healing Center (CHHC)
1437 N La Brea Ave. [map]
Los Angeles CA 90028
Hours: Mon-Sun 11am to 11pm
Phone: 877-420-5874

City Compassionate Caregivers
606 E. 4th St. [map]
Los Angeles, CA 90013
Hours: Mon-Sat 10am to 8pm, Sun 10am to 6pm
Phone: 213-221-7086

Downtown Collective
1600 S. Hill St., Unit D [map]
Los Angeles, CA 90015
Hours: Mon-Sun 10am to 8pm
Phone: 213-746-5420
Web: dtc420.com

Downtown Discount Caregivers
111 E. 9th St. [map]
Los Angeles, CA 90015
Hours: Mon-Sun 10am to 8pm
Phone: 213-896-0016

Famous Medstop
3109 Beverly Blvd. [map]
Los Angeles, CA 90057
Hours: Mon-Sat 10am to 10pm, Sun 10am to 8pm
Phone: 213-365-0262

Five Star Collective
2076 Westwood Blvd. [map]
Los Angeles, CA 90025
Hours: Mon-Sun 10am to 10pm
Phone: 310-474-1213
Email: fivestarcollective@gmail.com
Website: http://fivestarcollective.com

Flower Of Life Collective (FOLC)
1950 S. Santa Fe Ave. Ste 109
Los Angeles, CA 90021
Hours: Mon-Sun 12pm to 8pm
Phone: 213-488-9464

Green (Near Universal City Walk and Movies)
3324 Barham Blvd. #A [map]
Los Angeles, CA 90068
Hours: Mon-Sun 11am to 11pm
Phone: 323-851-0911
Website: smokeitup420.org

Green Palace Collective
3615 Beverly Blvd. [map]
Los Angeles, CA 90004
Hours: Mon-Sun 10am to 10pm
Phone: 424-230-2220

Herbal Solutions Cannabis Consultants
735 N. La Brea
Los Angeles, CA
Hours: Mon-Sun 10am-8pm
Phone: (323) 933-4372
Website: cannabisconsultantsca.com

Hot Box Collective (HC)
143 N Western Ave
Los Angeles, CA 90004
Phone: (323) 460-6410
Website: http://www.hbc420.com
Email: info@hbc420.com

Hollywood Holistic
1543 Sawtelle Blvd
Los Angeles, CA 90025
Hours: Mon-Sat 11am-8pm, Sun 12pm-6pm
Phone: (310) 481-0660
Fax: (310) 481-0659
Website: hollywoodholistic.org

Hot Spot Collective
4326 Melrose Ave. [map]
Los Angeles, CA 90029
Hours: Mon-Sun 11am to 10pm
Phone: 323-284-8060

Kaya Compassion Center
9146 Sepulveda Blvd
Los Angeles, CA 90045
Hours: Mon-Sat 11am to 8pm, Sat-Sun 11am to 6pm
Phone: (310) 338-0357

Kelly's Collective
8638 W. Pico Blvd. [map]
Los Angeles, CA 90035
Hours: Mon-Sat 10am to 8pm, Sun 12pm to 8pm
Phone: 310-854-5874 (KUSH)

Kush Korner Caregivers
2214 S. Vermont Ave. [map]
Los Angeles, CA 90007
Hours: Mon-Sat 10am to 8pm, Sun 11am to 8pm
Phone: 323-733-2581

LA Organic Pharmacy
4911 Melrose Ave
Los Angeles, CA 90029
Hours: Mon-Fri 11am to 8pm, Sat 11am to 7pm, Sun 12pm to 4pm
Phone: 323-463-3920

Medicine Man Collective
1651 W. Temple St. [map]
Los Angeles, CA 90026
Hours: Mon-Sun 24/7
Phone: 213-375-7701

Mr. Greens Collective
3740 W. Sunset Blvd. [map]
Los Angeles, CA 90026
Hours: Mon-Sun 11am to 9pm
Phone: 323-663-6711

Nature's Herbs
1713 W. El Segundo Blvd.
Los Angeles, CA
Hours: Mon-Wed 10am-7pm, Thu-Sat 10am-8pm
Phone: (323) 777-1319

Olive Tree Collective
643 S. Olive St. #415 [map]
Los Angeles, CA 90014
Hours: Mon-Fri 11am to 7pm, Sat 11am to 5pm, Sun CLOSED
Phone: 213-627-2940

Rampart Discount Center
246 S. Rampart Blvd. Suit 272B [map]
Los Angeles, CA 90057
Hours: Mon-Sat 10am to 8pm, Sun 10am to 6pm
Phone: 213-925-8962

Silver Lake Caregivers
2323 Beverly Blvd. [map]
Los Angeles, CA 90057
Hours: Mon-Sat 11am to 8pm, Sun 12pm to 8pm
Phone: 213-483-1400

The Fountain of Well Being
3835 Fountain Ave.
Los Angeles, CA 90029
Hours: Mon-Sat 11am-9pm, Sun 11am-6pm
Phone: 323-662-0900

The Green Easy
7948 W. 3rd Street
Los Angeles CA 90048
Hours: Mon-Thu 9am-11pm
Phone: 323-782-0255

United Herbal Center
2708 W. 8th St.
Los Angeles, CA 90005
Hours: Mon 11am-9am; Tue-Sat 11am-9pm; Sun 11am-8pm
Phone: (213) 739-7038

Western Compassion Center
7509 S. Western Ave. [map]
Los Angeles, CA 90006
Hours: Mon-Sat 11am to 8pm, Sun 11am to 6pm
Phone: 323-759-7509

Western Discount Center
1570 S. Western Ave. Suite 102 [map]
Los Angeles, CA 90006
Hours: Mon-Sat 10am to 8pm, Sun 10am to 6pm
Phone: 323-733-2913

Westside Discount Center
12211 Wilshire Blvd, Suite A [map]
Los Angeles, CA 90025
Hours: Mon-Sat 11am to 8pm, Sun 11am to 6pm
Website: westsidedc.com

Wonderland Collective
4406 W. Pico Blvd. [map]
Los Angeles, CA
Hours: Mon-Sun 11am to 8pm
Phone: 323-936-4410

Los Angeles Voters Pass Medical Marijuana Tax

by Andres Chavez, San Fernando Valley Sun
March 10th, 2011

City of Los Angeles voters overwhelmingly passed Measure M to tax medical marijuana dispensaries. It would allow the city to collect $50 out of each $1,000 in "gross reimbursements" that dispensaries receive from their patients. That could generate $10 million a year, which the city can use to pay for basic services such police, libraries and street repairs, according to proponents.

Councilmember Paul Koretz, who campaigned for Measure M, said the measure would help the city narrow the gap in its budget.

"The city of Los Angeles is facing a $350 million budget deficit next year," he said. "Thankfully, because of Measure M, we are going to help close that gap and generate significant revenue for public safety, parks and libraries."

Just how significant a tax that generates less than three percent toward closing the budget deficit is open to question.

Kris Hermes, spokesman for Americans For Safe Access, the nation's largest medical marijuana advocacy group, said he was disappointed.

"We campaigned hard against this additional tax in Los Angeles, because patients already pay a nearly 10 percent (sales) tax on the medication that's already expensive and unaffordable for many," he told City News Service.

Hermes said an eighth of an ounce of medical marijuana typically costs $40 to $60, and certain high quality varieties are even more expensive.

Measure M raises many legal questions as City Council President Eric Garcetti pointed out.

"If marijuana is supposed to be medicine, you can't tax medicine. And if it is a gross receipts tax on a business, these (dispensaries) are not supposed to be businesses," he said.

"If this wound up in court and we lost, a year from now or two years from now, it could blow a hole in the budget when we have to return the money."

The City and county officials had other legal concerns as well.

Police Chief Charlie Beck, Sheriff Lee Baca and District Attorney Steve Cooley all opposed Measure M, pointing out that federal law bans the growing, possessing or consuming of marijuana for any purpose.

"The city should not place a tax on something our federal government considers a Schedule I narcotic and against the law," they said in a written statement.

Testifying before the L.A. City Council last year, principal tax compliance officer Larry Manocchio noted that collectives are classified as nonprofit organizations, and therefore cannot be taxed.

But "this is something we cannot say 'no to," argued Councilmember Janice Hahn, who initiated the ballot measure.

Hahn disputed the notion the city would be taxing "profits" from the sale of medical marijuana. She said the city would instead be taking a portion of what patients give dispensaries as "reimbursement" for the costs associated with cultivating weed, such as worker salaries, rent and utilities.

Several other California cities have already imposed this tax, Hahn said. San Jose and La Puente each charge $100 per $1,000 in gross reimbursements. It's $50 in Oakland and Richmond, $40 in Sacramento, and $25 in Berkeley. Long Beach is considering a $50 tax.

There are hundreds of collectives across Los Angeles, but only the nonprofit organizations whose members cultivate marijuana for medical purposes are considered legal.

Source: Americans for Safe Access

NEWS: Medical Marijuana Tax Opposed in Los Angeles

by Chelsea Hoffman

Measure M, a medical marijuana tax, will be decided upon by voters Tuesday. This measure will add a 5 percent tax increase on legal medical cannabis dispensaries. It may not seem like a big deal since activists are for the taxation and legalization of the plant, but there is a stipulation to this measure.

Los Angeles plans on limiting the availability of dispensaries to only 100, but the kicker to this is the ones that get to stay aren't chosen by any rhyme or reason. They will be chosen by lottery. This is outraging dispensary owners and activists throughout the city, some who have served patients of medical marijuana for years.

Dispensaries in Los Angeles, who already run as non-profit, already pay a slew of taxes, and many feel that this 5 percent increase along with the lottery is only going to make it more difficult for dispensaries to maintain. This could limit the availability of medical marijuana to patients who are in need.

Source: Gather Inc.

NEWS: Debating Measure M - it’s high time for LA voters to decide on taxing medical marijuana

If passed, Measure M would let the city take home $50 for every $1,000 in pot-shop sales. Sounds like a great way for a city facing a $319-million budget shortfall to generate some much-needed revenue, right? Not so fast, say opponents.

For one thing The Los Angeles City Attorney's office published a ruling that says that even if approved by voters, the measure is illegal because the dispensaries are nonprofits and selling marijuana is a crime.

There's the thorny issue of declaring something illegal and then taxing it. Both sides agree that in all likelihood dispensary operators will be happy to pay the tax for the legitimacy and stability it would seem to grant their businesses. Cynics suggest they also hope that the city's reliance on tax revenue from their businesses would make the police less inclined to raid their establishments and scrutinize their day to day dealings.

Would passage of this measure be perceived as a tacit endorsement for the legalization of marijuana? Would adding another 5 percent tax to the existing 9.75 percent county sales tax be an unfair burden to medical marijuana consumers? Does the projected $10 million in revenues this could raise make all other concerns go up in smoke?

Larry and his guests hash it out.

Source: Southern California Public Radio

EDITORIAL: No on Measure M - Medical Marijuana Sales Tax in Los Angeles

L.A.'s proposed tax on medical marijuana dispensaries would be an unfair and dangerous step.

Measure M is one of those voter initiatives that at first glance look a lot more straightforward than they really are. There are, after all, hundreds of medical marijuana dispensaries in Los Angeles — just look for the green crosses — that pay state sales tax but not city taxes. Measure M would make them pay their fair share and then some, by imposing a steep gross receipts tax. That sounds like a reasonable way to help the city avoid cuts in public services as it digs itself out of a budget hole. But it's a dangerous step.

State lawmakers and municipalities still haven't agreed on how to regulate a drug that the state considers medicinal and the federal government considers illegal, so cities are deciding for themselves. Several — including Oakland, Berkeley, Sacramento, San Jose and Long Beach — have already approved taxes similar to the one that would be imposed by Measure M. And yet the city attorney's office believes that Los Angeles "should not, and indeed legally cannot, allow and tax marijuana sales," and opines that passing Measure M "would be of little or no effect." How can that be?

At the heart of the question is whether or not medical marijuana dispensaries — or collectives, or cooperatives, or whatever they choose to call themselves — are for-profit operations. Back when Gov. Jerry Brown was California's attorney general, he issued an opinion that they can operate only as nonprofit cooperatives or collectives in which patients or their "primary caregivers" grow marijuana and supply other members. They can charge members for their cannabis, but only enough to cover their overhead costs. Yet Brown's opinion hasn't been tested in court, and there is no telling how many of California's storefront dispensaries are really operating as nonprofits. In December, the operators of a San Jose marijuana "collective" were charged with illegal sales and money laundering after police said they discovered two sets of books, one showing an operating loss and the other showing a profit of $222,238.

If marijuana collectives are genuinely nonprofits, they're exempt from city taxes. So why have Long Beach and other cities been able to tax them? Because to be considered tax-exempt charitable nonprofits, organizations have to register as such with the Internal Revenue Service, which is like sending a cable to the federal government to tell it you're distributing a product that Washington considers illegal. Very few, if any, medical marijuana facilities have done this, opting instead to pay local taxes.

Getting in bed with a quasi-legal industry has drawbacks. If city government became reliant on tax revenue from medical marijuana sellers, city officials would be less likely to pass ordinances restricting their operations and police would be less inclined to raid their establishments to check whether they're really running on a nonprofit basis. A decrease in such scrutiny would encourage more illegal for-profit dispensaries, which draw other kinds of crime. Prices for a drug that many people use to relieve suffering (even if others use it to get high) would rise, which is why legitimate patient advocates such as Americans for Safe Access oppose taxation measures.

We agree with Brown that medical marijuana should only be distributed by nonprofit cooperatives or collectives. If they're truly operating that way, it's unfair for the city to tax them, and if they aren't, they should be shut down rather than taxed. That's why we urge a no vote on Measure M.

Source: Los Angeles Times

NEWS: Proposed cannabis tax sparks a heated debate

Voters will face a familiar, burning issue on the March 8 city ballot: Marijuana.

In contrast with last November's failed California proposition to legalize recreational pot use, Los Angeles' more complicated Measure M asks if the city should impose a hefty tax on medical-marijuana dispensaries.

Proponents say requiring dispensary operators to "pay their fair share" - in this case, 5percent of gross receipts - could raise $10million a year for the city's deficit-plagued general fund.

Opponents claim the proposal won't fly because medicine and the nonprofit organizations that dispense it cannot be taxed, and they worry that if the city makes revenue from dispensaries, it will be encouraged to allow more of them.

While the two sides debate the details, voters may be guided more by their general attitudes, such as their overall feelings about marijuana, said Jessica Levinson, who analyzes ballot initiatives for the L.A.-based Center for Governmental Studies.

"It really comes down to what's important to voters," Levinson said. "If they think, `Yes, this is a measure that has problems, but people use medical marijuana and the city needs money,' then I think they would vote yes.

"If voters say, `Morally, we're against the sale of marijuana no matter what the use is,' or if they're for medical marijuana but think the current system is being abused, then they would vote no."

Measure M was placed on the ballot by the City Council, which is trying to climb out of a $350 million budget hole in the next fiscal year.

It comes as the smoke clears from last November's marijuana initiative battles.

California's Proposition 19 would have legalized - and taxed - up to one ounce of marijuana for recreational use by adults. The initiative lost 53.5-46.5 percent. Its backers are talking about trying again in 2012.

At the same time last year, voters in nine California cities - including Sacramento, Oakland and San Jose - approved medical-marijuana taxes similar to what Los Angeles is considering.

Signatures on the official "Yes on M" argument include those of City Council members Janice Hahn and Paul Koretz, and Pat McOsker, president of the United Firefighters of Los Angeles City, Local 112.

"The city needs revenue. I know that as well as anyone," said McOsker, who says the Los Angeles Fire Department budget has shrunk to $495 million from $560 million two years ago, reducing the number of emergency responders by 156.

McOsker said United Firefighters' endorsement of Measure M doesn't mean it necessarily endorses medical-marijuana cooperatives, let alone recreational pot smoking.

"The voters of California decided (in 1996) that cooperatives are legal. What we're saying is they should pay their fair share (of taxes)," McOsker said.

The official "No on M" argument is signed by LAPD Chief Charlie Beck, Sheriff Lee Baca, District Attorney Steve Cooley and Council members Jan Perry and Bernard Parks.

"I think what we do (if Measure M passes) is we legitimize something that is against the law," Beck said in an interview. "Right now the law says we allow it to be dispensed because it's a medicine. We don't tax medicine. ... Let's be consistent."

Beck added: "These (dispensaries) are not good for your neighborhoods. If they become seen as a cash cow to (city officials) that are desperate, they're going to want more of them."

Measure M's opponents include the Oakland-based medical-marijuana advocacy group Americans for Safe Access, which contends a tax could make medical pot costlier for patients.

Source: Contra Costa Times

VIDEO: Montel Williams testifies before the Los Angeles City Council regarding medical marijuana

Montel Williams, a multiple sclerosis (MS) patient, shares his knowledge and personal insight of medical cannabis, safe access for patients and more at the Los Angeles City Council meeting held on January 21, 2011.

Make marijuana ordinance clear: Letters for Tuesday, Jan. 18

Re "City Council to tweak medical marijuana ordinance" (Jan. 15):

The City Council needs to provide the public with clear and specific guidelines for the operation of medical marijuana dispensaries. Woodland Hills, at one time, had 40 dispensaries. While many have been closed, some may reopen under the city's new rules. Woodland Hills is attractive to dispensaries because of its relaxed suburban character and because it's adjacent to unincorporated L.A. County, which does not permit medicinal marijuana sales.

When many of the now-closed stores opened, all they needed was a resale license. I ask the City Council to come up with rules, like those used to permit the sale of alcohol and the revocation of sales permits, for marijuana dispensaries. Without these tools we will be unable to moderate or prohibit the actions of the stores and their customers anywhere in L.A. We need these rules now.

- SEAN MCCARTHY

Encino

Libraries vital in crime prevention

Re "Safety First" (Editorial, Jan. 9):

Police officers, public safety experts and district attorneys understand that a high literacy rate and the availability of after-school activities are among the most important factors in creating a safe city.

While the Daily News is right to place a high priority on funding for our vital police and fire services, this simply is not and cannot be the only solution. City of Los Angeles

libraries operate the largest after-school program in the city and are responsible for providing literacy programs for toddlers, children, teens and adults. Libraries are crime preventers. When neighborhood libraries close or reduce their hours significantly, there are few alternatives for the 90,000 children who visit our 73 branches weekly.
In the 2010-2011 budget cycle, the Police and Fire departments received nearly 70 percent of the city's budget. The Library Department on the other hand received approximately 3 percent! I authored and continue to support Measure L because as someone with 38 years on the Police Department, including five years as chief, I know it will reverse the current trend of cuts that have devastated our libraries and compromised our public safety, prevention and intervention efforts. In these tough economic and budget times we must not be penny-wise and pound-foolish.

- BERNARD C. PARKS

Los Angeles

The writer represents the L.A. City Council's

Eighth District and is a former LAPD police chief

Human nature holds U.S. back

America the beautiful, minus human nature, would be near perfection.

- LLORENS PEMBROOK

Studio City

AT&T phone outages to be fixed

AT&T is solid in its commitment to its customers in Los Angeles, and recovery efforts from the recent historically devastating storms are no exception. AT&T is continuing to do all it can to ensure every resident resumes service. I know AT&T is working with many VICA members to achieve this goal. Technicians were brought from Northern California to work around the clock until every phone outage is fixed. As Southern California residents, we are all too familiar with natural disasters and have witnessed AT&T's commitment to its customers under these circumstances.

- STUART WALDMAN

Van Nuys

The writer is president of the Valley Industry and Commerce Association (VICA)

Unlikely to meet energy goals

Re "DWP leaps ahead of clean energy goals"

(Jan. 14):

To begin to meet mandated renewable energy levels, the Department of Water and Power constructed the Pine Tree Wind Farm at a cost of more than $425 million, consisting of 80 wind towers on 2,000 acres. While rated at 120 megawatts, wind pattern studies, part of the Integrated Resources Plan, indicates that during the windy month of August 2009, the farm actually provided 13 to 48 megawatts on an average day minus conversion and line losses.

The installation will provide, on average, 0.42 percent of the electrical energy needed by the city of Los Angeles and will require hot backup from gas turbine plants when the wind does not blow. While DWP predicts a 5 percent increase per year in costs, I believe the prediction of Jack Humphreville - who serves on the neighborhood council panel working with the DWP - of increases of 8 percent and more. Reality sets in.

- GORDON OSBORNE

Woodland Hills

Source: Los Angeles Daily News

NEWS: Judge says Los Angeles pot dispensaries must post $350K bond

The judge who ruled parts of the Los Angeles medical marijuana law unconstitutional says pot dispensaries must post a nearly $350,000 bond within 10 days for the court injunction to take effect.

About 50 dispensaries asked for the injunction issued last month by Superior Court Judge Anthony Mohr. The judge says several parts of the law are unconstitutional, including the complex process for deciding which dispensaries would be allowed.

Dispensary attorneys asked the judge Friday to set no bond, saying the city wouldn't suffer any harm from the injunction. But city lawyers say police and lawyer fees are mounting because closed pot stores are returning to business and new ones are popping up.

Attorney David Welch, who represents many dispensaries, told the Los Angeles Times he's confident the bond will be posted.

Information from: Los Angeles Times

Copyright 2011 The Associated Press

VIDEO: Richard Kearns testifies before the Los Angeles City Council on AIDS, medical marijuana and more

Richard Kearns Public Testimony. January 4, 2011. Los Angeles, California.

NEWS: With law hazy, defiant LA pot clinics open again

LOS ANGELES -- Months after Los Angeles got serious about running a majority of medical marijuana dispensaries out of town by passing strict regulations, the ubiquitous shops are cropping up again.

A judge recently scratched key portions of the ordinance city officials spent years crafting, noting in his Dec. 10 ruling granting a preliminary injunction that a large number of shuttered collectives could reopen. Attorney David Welch, who represents clinics that sued the city when they were forced to close, said nearly 60 collectives have planned to open, and 10 have done so since the judge's decision.

"The injunction removes the fear my clients have of being prosecuted and arrested during litigation," Welch said. "My clients are reopening."

Los Angeles has been lost in a legal haze on the medical marijuana front over the past year, partly because it was faced with closing more than 430 clinics during the summer and having proponents challenging city officials at every turn.

Despite passing the ordinance in January, Los Angeles appears to be no closer to figuring out how to regulate the clinics. About 180 collectives applied to remain open, but only about 40 met all the ordinance's criteria, which included being located at least 1,000 feet from schools, parks and other gathering sites.

City Attorney Carmen Trutanich recently said the judge's ruling doesn't mean dispensaries can start cropping up once again.

His office will "enforce existing laws in order to prevent the proliferation of pot shops and the unlawful sale and distribution of marijuana to recreational users and others for profit," said Trutanich, whose office said the injunction wouldn't take effect until next month.

Eric Matuschek, owner of Starbudz, is willing to take his chances. He closed his storefront in May after receiving a letter from the city ordering him to do so. But Matuschek, who is part of the lawsuit before Superior Court Judge Anthony Mohr, reopened about a month later and was arrested and charged with a misdemeanor.

Undeterred, Matuschek opened again and has welcomed patients back over the past two months, although some of his clientele have gone elsewhere or have joined home delivery services that emerged in Los Angeles after dispensaries closed.

He said the ordinance unfairly targets some clinics that operate legally under state law, and city officials should focus their efforts elsewhere.

"It obviously has to be controlled and regulated," he said. "Go after the illegal clubs. That would keep them extremely busy."

Determining which clinics should be allowed to operate has been a major challenge for city officials. The shops that registered before a 2007 moratorium and meet the ordinance's requirements are sanctioned, authorities said.

However, Mohr disagreed with the city's approach, saying the new local law was unconstitutional on several grounds. He said the ban on new dispensaries hadn't been extended properly and actually lapsed before the clinics' registration deadline in November 2007.

Mohr also said the due process rights of operators of shuttered dispensaries were violated because they weren't provided a hearing to argue against the closure. The ordinance invades patients' privacy rights, he said, because police can access personal information without a warrant or subpoena.

He suggested in his ruling that the City Council could amend the ordinance to possibly avoid further litigation.

City Councilman Ed Reyes said the council will likely ask the city attorney's office in January to draft new ordinance language that addresses the judge's concerns.

"The legal shifting of the sands is difficult for us to draft a policy that has some consistency," Reyes said. "Our ordinance is trying to protect our communities while trying to provide medicine to those who need it most."

Observers said Los Angeles has struggled where other California cities haven't based on its sheer size. Los Angeles is one of about 35 cities in California that opted to create laws setting local rules for pot clinics.

"Los Angeles has tried to take a more aggressive stance against collectives, but collectives have also done the same with the city," said Rory Little, a professor at the University of California Hastings College of Law. "I don't think the judge's ruling is a clear victory for anybody. It's one step in an ongoing cultural battle."

Source: The Washington Post

NEWS: 2 Shot During Medical Marijuana Dispensary Robbery

LOS ANGELES—Police say two people have been shot during a robbery of a medical marijuana dispensary in the Northridge area of Los Angeles.

Los Angeles police Officer Gary Shanahan tells City News Service three gunmen entered the business at about 9:30 p.m. Wednesday. He says shots were fired, two people were hit and the suspects fled with an unknown amount of cash.

Shanahan says the two wounded people were hospitalized. The conditions are not known.

Source: San Jose Mercury News

NEWS: Los Angeles medical marijuana clinic law hit w/injunction

LOS ANGELES (KABC) -- Efforts to regulate medical marijuana dispensaries in Los Angeles were dealt a setback.

A judge issued a preliminary injunction that blocks key parts of the city's law designed to regulate marijuana dispensaries.

The Friday decision by Superior Court Judge Anthony Mohr could mean a large number of dispensaries could reopen.

It also could lead to new pot dispensaries popping up as the legal wrangling continues.

The judge ruled that Los Angeles improperly extended its moratorium, creating confusion over the deadline for dispensaries to register.

After the L.A. City Council approved the ordinance earlier in 2010, 180 of the dispensaries applied to remain open, but only about 40 met all the criteria.

The ordinance's requirements included having dispensaries be 1,000 feet from schools, parks and other gathering sites and its owners also undergoing a background check.

In granting the ordinance, Mohr said the due process rights of operators of shuttered dispensaries were violated because they weren't provided a hearing to argue against the closure.

The Associated Press contributed to this report.

Source: ABC News

NEWS: Appeal likely in LA medical pot ruling

LOS ANGELES, Dec. 11 (UPI) -- A lawyer for 60 Los Angeles marijuana dispensaries says he expects the city to appeal a ruling blocking enforcement of new regulations on the pot shops.

Attorney David Welch told the Los Angeles Times the ruling would allow his clients to remain open pending further litigation on his lawsuit against the ordinance.

"It means they can't use strong-arm tactics such as arresting my clients and raids of the dispensaries to prevent my clients from going through the legal process," Welch said.

The Times said Saturday that the city attorney's office declined comment on the ruling, which was issued in Los Angeles Superior Court Friday.

The ruling involves a recent ordinance approved by the City Council that would only allow medical marijuana dispensaries that were registered with the city prior in 2007 to remain open. Scores of other such businesses would have to close.

The Times said Judge Anthony Mohr agreed the ordinance violated state and federal provisions for equal protection under the law.

Mohr also wrote in his 40-page ruling that grandfathering in the existing dispensaries was, in his opinion, a viable compromise. The city, however, has been trying to get a handle on a sudden boom in pot dispensaries around town.

Source: United Press International

NEWS: Judge Rejects LA Ordinance Limiting Pot Dispensaries

Los Angeles - A judge issued an injunction today blocking major portions of Los Angeles' medical marijuana ordinance, but a councilman vowed to enact "emergency legislation" that would prevent the ruling from opening the door to new dispensaries.

The ordinance, which took effect in June, limited the number of dispensaries to the 187 that had registered with the city and opened before a 2007 moratorium.

It also prohibited new dispensaries from opening if any of them closed, with the goal of reducing the number of marijuana outlets in the city to 70.

However, Los Angeles Superior Court Judge Anthony Mohr ruled today the city had improperly extended its moratorium, creating confusion over the deadline for dispensaries to register with the city and violating the rights of other dispensary operators.

Mohr said the city could amend the ordinance to make it enforceable, but issued an injunction blocking enforcement of the existing restriction on more dispensaries.

Mohr acknowledged his ruling could lead to a proliferation of dispensaries in the city.

Councilman Ed Reyes said he would meet with his City Council colleagues on Monday to discuss "emergency legislation" to stop new dispensaries from opening while the City Attorney's Office tweaks the ordinance to address the judge's concerns.

"I'll be working, along with my colleagues, to protect our city," said Reyes, who spent years working on the ordinance that was partially struck down.

"We're going to be considering emergency legislation, looking at different ways to implement any type of planning (and) police power tools we have, any type of enforcement tools that we have to make sure that the people who choose to abuse this environment will find that the city is going to protect our neighborhoods to the extent possible."

Mohr did not invalidate other parts of the ordinance that restricts where the dispensaries can be located.

The chief counsel for Americans for Safe Access, which supports medical marijuana, said he was "delighted by the ruling."

"The ruling states localities cannot ban medical marijuana dispensaries, or as the court puts it, regulate them out of existence," Joe Elford told City News Service.

"The decision also protects the privacy rights of medical marijuana patients by making it clear that law enforcement cannot simply by whim obtain patient records from dispensaries."

Source: MyFox LA

NEWS: Supervisors to vote on banning pot dispensaries in unincorporated areas

In an effort to slow the spread of medical marijuana dispensaries, the Board of Supervisors will vote Tuesday whether to ban the facilities in unincorporated parts of Los Angeles County.

The vote comes as Los Angeles and smaller cities throughout the region are working to limit the dispensaries' growth, raising concerns they may move into the unincorporated parts of the county where 1.5 million people live, said Paul Novak, planning deputy to Supervisor Michael D. Antonovich.

"Supervisor Antonovich is concerned about the impact of these facilities on the surrounding neighborhoods," Novak said. "You have nuisance issues, crime issues and people under the influence of marijuana driving through local communities." In other words, Not In My Back Yard.

But Kris Hermes, spokesman for the Oakland-based pro-medical marijuana group Americans for Safe Access, said the county hasn't experienced problems with the dispensaries and already has a 2006 ordinance in place that regulates and requires them to obtain conditional use permits.

"We as an organization have for years opposed outright bans on medical marijuana dispensaries and have gone to court on numerous occasions, the latest of which is a case stemming from a ban in Anaheim," Hermes said. "We have folks working on this in the Los Angeles area and they are mobilizing patients to express to the Board of Supervisors that a ban is not appropriate."

In 2006, the supervisors adopted land use regulations for medical marijuana dispensaries to distribute marijuana for medical purposes to qualified patients with a doctor's authorization.

Since then, more than 100 cities and nine counties in California have banned the dispensaries amid concerns about crime and other problems. Torrance, Hermosa Beach, Redondo Beach and most other South Bay cities have either enacted bans on dispensaries or placed moratoriums on them.

In July, the supervisors directed the Chief Executive Office to work with the Department of Regional Planning to draft an amendment to the 2006 ordinance banning the dispensaries in unincorporated parts of the county. In September, the Regional Planning Commission held a public hearing on the amendment and voted to recommend approval of the change to the supervisors.

Although no dispensaries are currently operating in unincorporated parts of the county with a conditional-use permit, some are operating in violation of the county ordinance, said Karen Simmons, a supervising regional planner with the Department of Regional Planning.

"We have a zone enforcement task force that is currently looking into those and closing them up," Simmons said.

In 2007, regional planning commissioners turned down a permit application that would have allowed a medical marijuana dispensary in unincorporated Del Aire, at Aviation Boulevard and 118th Place near Los Angeles International Airport.

Source: Contra Costa Times