ASA responds to LA City Attorney threats

August 19, 2012 | Don Duncan

The Los Angeles City attorney sent hundreds of letters last week threatening property owners who rent to medical cannabis patients’ cooperatives and collectives in the city. The letters tell property owners they may be subject to stiff penalties, including fines and jail time, because an ordinance passed by the City Council in July makes renting to a patients’ association a crime. Property owners are worried, and some are moving to force their tenants out. But Americans for Safe Access (ASA) Chief Council Joe Elford says the effort to intimidate property owners is premature and urges the City Attorney to wait.

In a letter to Los Angeles City Attorney Carmen Trutanich, Mr. Elford points out that the California Supreme Court will soon rule on several cases that could clarify how cities can regulate medical cannabis and if they can ban cooperatives and collectives. California’s Appellate Courts disagree on these topics, so moving forward without instructions from the Supreme Court could be risky:

"Proceeding with enforcement of the ordinance while these issues are pending is premature and may subject you to a legal response."

Mr. Elford also points out that a voter referendum sponsored by the Committee to Protect Patients and Neighborhoods, of which ASA is a part, may soon render the ordinance banning cooperatives and collectives and criminalizing property owners moot:

"… there is underway a voter referendum campaign to repeal Ordinance 182190, which is likely to have the signatures necessary to qualify for the ballot in less than two weeks. Because Ordinance No. 182190 will become ineffective once the signatures have been certified by the City Clerk, it would be a waste of the City’s time and resources to implement the Ordinance."

Patients who operate medical cannabis cooperatives and collectives should share Mr. Elford’s letter with their property owners to let them know that the ordinance making them criminals is not here to stay. Patients and advocates are going to repeal the misguided ordinance and keep working to adopt sensible regulations.