In a move that surprised even the people who drafted its law, the Los Angeles city government has announced that only 41 dispensaries in the city will be permitted to stay open. As Orange medical marijuana criminal defense attorneys, we were very interested to see the Aug. 26 Los Angeles Times article announcing the decision. Medical marijuana dispensaries have become a political issue in Los Angeles, which led to strict laws on how many dispensaries may exist, where they may be and who may run them. To curtail what was seen as out-of-control numbers of dispensaries, the council said it would shut down shops that didn't meet the new legal requirements. However, the article said, the strict elimination process the city left only 41 shops, far fewer than the roughly 130 it expected to stay open.
Before the crackdown, it was estimated that about 580 dispensaries were operating in the city, which has 470 square miles of land. The ordinance regulating dispensaries was expected to shut down about 400, according to the LA Weekly. However, the Times wrote that using that ordinance to eliminate dispensaries left just 41 in the city, which even co-author and special assistant city attorney Jane Usher said was a surprise. A spokesperson for the city clerk said the office took a very strict interpretation of the ordinance, which required no more than one change of location, no changes in management and no serious criminal record for managers. Because the number left was so low, the article said, the city has suspended its efforts to choose between dispensaries, which could have inspired a new round of lawsuits by eliminated businesses. Instead, the city planned to file its own lawsuit Aug. 26, asking a judge to declare that its selection process was legal. No one will be shut down before a court ruling.
As the article notes, the city already faces almost 30 lawsuits by 85 dispensaries that have been asked to shut down. Our Torrance medical marijuana criminal defense lawyers suspect that it's right to expect more lawsuits from this admittedly strict selection process. This is particularly true because, as the LA Times notes, some of the eliminated dispensaries are among the most reputable in the city. Fundamentally, we believe the city is regulating medical marijuana dispensaries so harshly because politicians are trying to please a vocal minority that is against marijuana despite the lack of any real evidence of problems. For example, opponents of dispensaries frequently say they attract crimes, but have failed to cite statistics that show a greater-than-ordinary amount of crimes in and around the dispensaries. In that context, it's difficult to see the point of shutdown orders that make reputable collectives and cooperatives into ordinance violators and, by implication, dangerous "drug dealers."
Howard Law, P.C. vigorously defends clients who are accused of crimes in connection with their purchase, sale or use of medical marijuana. As many patients, collectives and cooperatives know, some members of the law enforcement community simply don't like legal marijuana, no matter what the context, purpose or actual harm may be. Unfortunately, this can lead to an arrest and criminal charges against people who were doing nothing wrong according to state law. Our Norwalk medical marijuana criminal defense attorneys do not believe anyone should go to a state prison for taking actions that are unambiguously legal under California law, including running a storefront dispensary according to guidelines from the Attorney General. We fight those charges in pretrial negotiations, and when necessary, in court. We also represent people who have inadvertently violated the law in connection with medical marijuana, such as by driving under the influence.
If you're facing a drug charge in California, don't hesitate to call Howard Law, P.C. for help. To set up a free consultation, contact us through our website or call 1-800-872-5925.
