City Council Repeals LA Ban, Now It’s Time to Regulate

October 03, 2012 | Don Duncan
The Los Angeles City Council voted to repeal an ordinance banning medical cannabis patients’ cooperatives and collectives yesterday, clearing the way for a new ordinance to regulate hundreds of facilities in the city. The City Council adopted the ban in July after negotiations to settle dozens of lawsuits resulting from the city’s 2010 regulatory ordinance failed to produce a settlement. The repeal is the latest development in a struggle to regulate medical cannabis that dates back to 2005, when Americans for Safe Access (ASA) first engaged city staff and Council Members asking for sensible regulations to protect patients’ access and the community.

In a separate motion authored by Council Members Herb Wesson and Jose Huizar, the City Council adopted a resolution asking the state legislature to “address inadequacies of state law” regarding medical cannabis. Some of the provision in the resolution call for the legislature to declare that financial transactions (sales) are not legal and that cooperatives and collectives must have local authorization to operate. Both of these were contentious issues in the long debate about regulations in the city, and both issues are currently before the California Supreme Court. The resolution also calls for enforcement against lenient medical cannabis doctors and a “finite list of conditions” for which cannabis can be used – a proposal that clearly violates the language of voter-approved Proposition 215. The resolution is not binding as law, and the state legislature is under no legal obligation to respond.

I want to say a special thank you to the ASA members and friends who helped gather more than 49,000 signatures to call a voter referendum on the ban, donated their time and money, and kept believing we could win. Thanks to grassroots persistence, we have another chance to secure the proven benefits of regulations for Angelenos. Special thanks is in order for our coalition partners – the United Food and Commercial Workers Union Local 770 (UFCW), which represents works at dozens of local facilities; and the Greater Los Angeles Collective Alliance (GLACA), the state’s oldest medical cannabis trade association. Both did a great job in gathering signatures, talking to City Council Members, and more.



Patients and advocates hope that the repeal will encourage City Council Members to adopt a new ordinance with which everyone can live. Otherwise, the city may have no tools to protect patients and neighborhoods from real and imagined harm. The City Council voted to create a new regulatory ordinance when they approved a motion by Council Member Paul Koretz on the same day that they voted for the ban. Now we need city staff to move quickly to finish the ordinance, get it to committees, and back to the City Council. There is no need for further delay. The voters of Los Angeles clearly want regulations, not a ban. The debate about this ordinance may be contentious, but it is past time to live up to years of promises to regulate medical cannabis in Los Angeles.

Enforcement actions against medical cannabis cooperatives and collectives in Los Angeles has already begun. There is no reason to believe that the ban’s repeal will stop the pressure. The Los Angeles City Attorney and District Attorney (DA) regard all of the city’s collectives and cooperatives as illegal, with or without a ban, and they are working to close them down. The Los Angeles Police Department (LAPD) routinely raids facilities, and DA’s office has already prosecuted some operators. The City Council turned up the heat last month when they called in the Drug Enforcement Administration (DEA) to help out. LAPD and DEA agents raided three collectives, filed civil asset forfeiture cases against three property owners who rent to medical cannabis tenants, and sent nearly seventy letters threatening other property owners.

ASA urges cultivators, providers, staff, and patients to know your rights and be prepared to assert them in the event of a raid by the LAPD and DEA. We are going to see a lot more of that before the dust settles in Los Angeles. Patients and advocates will hold a lively and peaceful protest of the recent attacks in front of the federal building on Thursday. You can meet ASA , UFCW Local 770, and GLACA in front of the Edward Roybal Federal Building in downtown Los Angeles at 1:30 PM. The federal building is located at 255 East Temple Street, Los Angeles, CA 90012.

Thanks again for helping stop the ban. Now let’s roll up our sleeves and keep doing the kind of effective grassroots work that makes a difference. We will need you back on the phones, at City Hall, protesting on the streets… maybe even gathering signatures for a new voter initiative. Be sure to join ASA’s email list to stay up-to-date, and join us in person at the LA-ASA meeting on Saturday, October 20, in the Community Room (152) at the West Hollywood Gateway Mall located at 7100 Santa Monica Blvd., West Hollywood, CA 90046.
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