The Growing Dilemma: the Legal Gray Area for Growers in LA

With so much talk of dispensaries and regulation thereof, the conversation in LA and in so many other places begs the questions:

Where should the cannabis come from? And, How should it be grown?

The new ordinance in Los Angeles, known as “Proposition D,” defines a medical cannabis business as any location where cannabis is cultivated for more than three (3) people. Taken literally, this would mean that under Proposition D, all large scale grow operations are illegal. This is an absurd oversight and an injustice to those that grow the medicine.

My office has repeatedly asked city attorney-representatives about this issue and for clarification on how the city attorney envisions the growers and prop D. The first response was, “I will look into it and let you know”. Over a month later and several attempts to discuss this further, there is still no comment. It seems that for the time being, the city is focused on dispensaries and ignoring the glaring questions of what a grower is to do.

What is a collective to do?

Under Prop D, it is legal to grow cannabis on-site. The drawbacks for that decision though are as follows: The collective is restricted as to strains and variety; several growers offer the collective and its patients options for their medication; another downfall for growing onsite it’s a nice big target for robbery. Finally, federal authorities seem to have a knack for busting dispensaries and taking their product. If this dispensary also has enough plants to cover thousands of patients, one visit from Uncle Sam would bring them to their knees.

What is a grower to do in this climate?

For the time being, you growers should continue to maintain a low profile and operate in the gray area as you’ve done for X amount of years. Growers should also be sure and protect themselves by following all the same guidelines as a collective under Prop D (1000 feet from schools, not in a residential zone, etc.). Furthermore, make sure your paperwork is in order. Finally, grow for a pre-ico dispensary, have a good relationship with that dispensary and also have a relationship with that dispensary’s patients. If push comes to shove, these precautions will give your lawyer a better argument in court that Prop D protects you, and you won’t be left “holding the bag.”

What does the future hold for growers in LA?

If we want to raise the legitimacy of cannabis and go forward with legalization, an amendment to Prop D and a regulatory agency is needed for this missing piece of the puzzle. Not only does the law need to evolve, but also, eventually we will need growers to come out of the shadows and claim their role in this process. Currently, growers are understandably wary of identifying themselves and their location. We will need further assurance from the feds and from the city before most would consider doing this.

Following the Dutch

Please note, a cautionary tale comes from Amsterdam, where officials have “looked the other way” for decades when it comes to coffee shops, but growers in The Netherlands are still at risk for their activities and can go to jail. This should be a lesson for those of us who want to see cannabis sold and regulated—we need to come up with the solution for growers as a community. Contact L.A. City Council if you’d like them to address this issue further!

MEITAL MANZURI, is a Beverly Hills based attorney, specializing in criminal defense and medical cannabis. You can subscribe to her free legal newsletter or contact MEITAL MANZURI with legal questions: www.ManzuriLaw.com, (310) 601-3140.