THE DISPENSARY BAN IN L.A. EXPLAINED AND A PLAN FOR THE FUTURE

This month, I will explain what the council’s actions mean for you, how the ban is illegal, the city’s reactions and arguments and what the next steps are against the city.

If the ban goes into effect, what do the council’s actions mean for you? The so-called “gentle ban” forbids any group of more than three patients to associate for the purposes of growing or distributing marijuana. This means the ban applies to all dispensaries, delivery services, growers, landlords and families! If the ban is left as-is, all of the above are subject to closure and a $2,500 daily fine, beginning Sept. 6.

The City Council’s ban is illegal for the reasons discussed in July’s Legal Corner: 1) It is preempted by state law: three members cannot accomplish the goals of a collective, and thus such a restriction circumvents California law. 2) It is unconstitutional under the freedom of association clause of the First Amendment and 3) under the due process clause of the Fifth Amendment.

The city’s actions are also illegal because they have enlisted federal help for enforcement and for closing dispensaries. This is a misuse of federal tax monies and probably violates states’ rights under the Constitution.

The City argues that because marijuana is illegal under federal law, regulating dispensaries would be a federal crime. However, the California Supreme Court just dismissed the famous Pack vs. Long Beach case, signifying that federal law does not preempt the city from regulating dispensaries.

The City further argues that dispensaries are a nuisance, there are too many of them, they are drug-dealing fronts and promote crime. That is why it is so important for collective operators to strictly comply with California law, to operate away from schools and churches and to strictly enforce a good-neighbor policy with its patients.

Our next steps against the city:

1) Litigation: We continue to put the city’s feet to the fire through legal injunctions and temporary restraining orders.

2) The Petition to Repeal the Ordinance: Advocates have been fervently working to gather signatures to repeal the ordinance. Once submitted, the city clerk has 15 to 30 days to certify that all 27,400 signatures (or a random sample of those) are from registered voters from Los Angeles. If there is a problem, we have 10 days to gather supplemental signatures, which then must be certified. If certified, this does not automatically suspend the ordinance until March. The City Council then has 20 days to decide to repeal the ordinance and come up with a new one or submit the ordinance to an election. Therefore, it is a process that takes one to three months, and the city could enforce the ordinance in the interim. That’s why suing the city now is so important.

3) How can you get involved? First, make sure you are registered to vote and sign the petition. Then, if the referendum gets on the March ballot, vote and get out the vote! Finally, support ASA and your collective. You can do this by donating a few dollars to the cause and to help with legal fees. Your collective’s operators are likely paying thousands of dollars in attorney fees and are dependent upon your continued support.

Landlords must continue to hold strong. They must stand with their tenants and not be scared off by illegal tactics.

Do not be discouraged. This process began over a decade ago, it is a long one and we must remain strong and steadfast in our fight for reform and for safe access.

Attorney Meital Manzuri is a medical marijuana expert, collective consultant and experienced criminal defense attorney. Those with questions about starting a collective or interested in scheduling a free consultation can call (310) 601-3140 or go to manzurilaw.com.