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CALIRANT

Los Angeles Dispensary Ban Delayed... At Least for Now

Kali Mist

A look at the implications of the ban and the wider effort to keep the dispensaries open In the fight to keep the dispensaries of Los Angeles in business, the dedicated efforts of a handful of owners, activists and unionized workers have paid off – for now, at least. Having gathered

tinue to occur in the near future. This has been interpreted as a thinly-veiled threat by many dispensary owners, one that ostensibly is in the interest of public safety – but in reality tightens con-

have opened in the Eagle Rock neighborhood since the ban was first voted on; these have attracted an influx of visitors from nearby neighborhoods with dispensary bans, such as Pasadena. The arguments against the proliferation of dispensaries are basic. Although around eighty percent of L.A.’s population is pro-medical marijuana – at least, in theory – even very tolerant parents may draw the line at exposing their children to people smoking weed on the street outside the dispensaries. There are also many suggestions that areas with dispensaries undergo increases in loitering, littering and reselling. This has led to a situation where even pro-medical voters are beginning to speak out against the prolific increase of shops in certain areas, adding fuel to the fire of the

abolitionists. However, the response to the proposed ban clearly shows that while there is some disquiet regarding the more questionable establishments, the public fully supports the availability of safe, laboratory-tested medical Cannabis. Of the hundreds of dispensaries currently operating within L.A., only 182 are licensed by the Los Angeles City Council. Since the moratorium on new licenses was issued in 2007, an estimated 600 to 900 further dispensaries opened up without licenses by using an exemption designed to protect dispensaries facing ‘hardship’. Many of these unlicensed establishments are particularly at risk of closure and their uncertain status gives them little legal power, but their owners and customers argue that their existence is necessary to fully meet demand. However, 2011’s Measure M, a voterapproved initiative taxing Cannabis outlets, saw the number of Los Angeles dispensaries registered with the city increase to 762. The number of cityregistered dispensaries in July of 2012, when the ban was passed, stood firm at 762 in total – even these registered shops are at some risk of closure. There are an estimated 350,000 medical marijuana patients in L.A. (according to the Union of Medical Marijuana Patients), whose needs are met by the

Market Street Cooperative, a casualty of San Francisco closures (© Goodnight London) around 50,000 signatures in just nine days, their collective endeavors have forced a postponement of the proposed ban, Ordinance 182190. The petition signatures must be counted and verified, and sufficient valid signatories may legally oblige the City Council to permanently suspend the ordinance. The verification process will take 15 to 45 days; once the signatures are verified, L.A.’s dispensary ban will be postponed until the primary election ballot in March of 2013, where it will be voted on in a public referendum. On September 5th, 2012, City Attorney Carmen Trutanich issued a statement on the municipal website confirming the stay, while emphasizing the illegality of medical marijuana as a land use. Dispensaries have been closed in the past for contravening land-use laws, as it is not legally possible to acquire the

trol and keeps those establishments that do not voluntarily close in a state of fear and uncertainty. The clear and immediate response to the ban is a heartening indication of public opinion. The number of signatures gathered was more than double the required number to overturn the ban, and the organized nature of the response demonstrates just how dedicated the movement has become. Another positive move, albeit a compromise, is Councilman Paul Koretz’s proposal that dispensaries opened prior to 2008 should be allowed to continue operating. This would account for over 200 establishments, so if the proposal is carried forward it could afford protection to a large number of vulnerable shops and could drastically limit the damage that could be done to the city infrastructure, crime rate and

L.A.’S DISPENSARY BAN WILL BE POSTPONED UNTIL THE PRIMARY ELECTION BALLOT IN MARCH OF 2013. appropriate permit – whether or not a tax registration certificate has been issued. This is the legal basis for the proposed legislation, which seeks to shut down all dispensaries; the implication is that police actions will con-

civic confidence, if the ban was to be enforced. Currently, the rate of new establishments opening in Los Angeles has slowed, but not by a great deal. Fifteen

Some worry that dispensaries might expose kids to weed (© Joseph Leonardo)


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