L.A.'s Medical Marijuana Regulations Draw Lawsuit

The crackerjack legal defense team for marijuana patients rights at Americans for Safe Access are doing it again, filing a lawsuit today challenging aspects of the recently passed, not yet fully in effect, new ordinance regulating medical marijuana shops in Los Angeles.

Details from the ASA's press release:

The local medical marijuana law passed by the City Council and signed by Mayor Villaraigosa on February 3rd requires dispensaries to find a new location within 7 days after the ordinance takes effect [if they meet certain criteria and their current location is no longer legal under the ordinance]. In order to comply with the ordinance, dispensaries must be located at least 1,000 feet from schools, parks, libraries, churches and other so-called "sensitive uses," and cannot abut or be across the street from any residence, which excludes almost all commercial areas in the city.

"The dispensary ordinance passed by the Los Angeles City Council might have been reasonable, if not for some onerous provisions," said ASA Chief Counsel Joe Elford, who filed the lawsuit today. "The requirement to find a new location within 7 days is completely unreasonable and undermines the due process of otherwise legal medical marijuana dispensaries." Despite spending more than two years to develop regulations, the Los Angeles City Council passed an ordinance without maps to show where dispensaries could locate in order to comply with the law.....

 Advocates claim that certain provisions in the local law threaten to shut down all of the city's dispensaries and amount to a de facto ban.

The language of the ordinance that is most fatal to dispensaries in the city of L.A. bars medical pot dispensaries from being across an alley from a residence, as most of L.A.'s commercial space is separated from residential behind it by just an alley.

The full legal challenge, which insists that the ordinance "violates due process, since plaintiffs have a vested right to operate their collectives, which cannot be deprived in such an unreasonable manner. For this reason, plaintiffs bring the instant action for injunctive relief," including a "declaration that [the ordinance] is unlawful and unconstitutional."

The ordinance in question.

The full story of L.A.'s (ongoing, as you see) struggle with medical marijuana will be told in a forthcoming Reason magazine feature.

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.

  • ||

    We are so used to having to revere the Founders that we can't just point out their screw-ups. Government's legitimacy derives from the consent of the governed, and consent is best determined by majority. Every other way is tyranny of the minority, which is numerically by definition more unfair.

    The majority of the people in this country want marijuana to be illegal. The people of California need to stop standing in the way and enforcing the tyranny of the minority against the rest of the country.

  • ||

    +10

  • ||

    Thank you. I am here all week.

  • ||

    Thank you. I am here all week.

  • I'm confused||

    John is MNG?

  • ||

    I say we take a vote to fuck MNG up the ass without any KY. If the we get a majority, I don't want to here MNG whining about his fucking "rightS" not to be violated. The majority rules.

  • SpongePaul||

    the founders built in rights, a majority of 99% still can not take away said rights. And i belive that they meant for your body to be yours, not controlled by a goverment, that is an inalienable right if you ask me, therefore the majority must and should be defeated, see also slaves right to vote by woman etc etc. theese are all things we take for granted, that the majority once found acceptable. if you cant own a slave, then the goverment says all men must be free, then they also can not control whaqt you choose to put in yyour body. because if they do they controll you and make you a slave to the goverment.

  • ||

    The founders did not grant a right to operate a marijuana dispensary. It's not in the constitution. And anyways, we're talking about a corporation here, and corporations do not have rights because they are entities of the state.

  • ||

    The founders did not grant a right to operate a marijuana dispensary, but if you care, here's what one of the founders thought about it: Many of my happiest days I've spent here at Monticello, on the back veranda, smoking Hemp, and looking out as far as the eye can see. -Thomas Jefferson

  • ||

    I guess the point I am trying to make here, yonemoto, is that the founding fathers themselves grew hemp as a business and for personal use. So while corporations do not have rights, our founding fathers clearly considered hemp and marijuana legitimate and valuable crops for our country to be growing. They did not outlaw marijuana or hemp, and relied on it for many things, so using any argument about our founding fathers as an excuse to justify the oppression of the people who elected the government in the first place, is a little misguided.

  • Jordan||

    Crackerjack? Did you mean crack?

  • ||

    We should all sockpuppet the shit out of each other for a few days. That could get entertaining. But not today. I'm too busy.

  • ||

    It is not sockpuppeting when you directly quote the other person.

  • ||

    It is not sockpuppeting when you directly quote the other person.

  • ||

    And you left your email address intact.

  • ||

    Yeah. I am not a good at it. Just not quite shameless enough.

  • ||

    Remember the Lefiti madness, that got so pervasive the gods came down from the mountain an editor told us to quit?

  • ||

    Yeah. it is playing with fire. But, MNG really stepped on it with that statement. I am going to quote that on every applicable thread from now on. How could he be so stupid as to make such a blanket statement about majority rule?

  • ||

    I do. But this would be different; instead of all being Lefiti, we would randomly post as another regular, and either try and do an excellent impression or good satire. But not today.

  • ||

    No one can imitate my brilliance and grace. Maybe cobble together a frankensteined paragraph out of snips of quips from the other pearls that have in the past tumbled from my lips to the pixel page, but nothing real, nothing authentically me.

  • ||

    Damn, I just do not have time right now to prove you wrong. See, I shouldn't have even suggested this until I had free time.

  • ||

    No wait, let's start today!

  • ||

    The purpose of those alleyways in LA is for the crack dealers to have a place to do business.

  • ||

    "violates due process, since plaintiffs have a vested right to operate their collectives, which cannot be deprived in such an unreasonable manner..."

    Sorry, guys, corporations don't have rights because they're not people.

  • ||

    "Hemp is of first necessity to the wealth & protection of the country."
    - Thomas Jefferson, U.S. President

    "The greatest service that can be rendered to any country is to add a useful plant to its culture." -Thomas Jefferson

    "If people let government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny." - Thomas Jefferson

    "Make the most you can of the Indian Hemp seed and sow it everywhere."
    - George Washington, U.S. President

    "Penalties against possession of a drug should not be more damaging to an individual than the use of the drug itself; and where they are, they should be changed. Nowhere is this more clear than in the laws against possession of marihuana in private for personal use...Therefore, I support legislation amending Federal law to eliminate all Federal criminal penalties for the possession of up to one ounce [28g] of marihuana." -Jimmy Carter, U.S. President, Message to congress, 1977

  • Hobo Chang Ba||

    As a side note, has anyone else noticed the "Partnership for a Drug-Free America" ads on Reason? WTF? Heavily overexaggerated anti-drug propaganda on the site where one of the editors wrote a book heavily criticizing heavily overexaggerated anti-drug propaganda? The organization that linked marijuana with violent crime? With PSAs funded by tax dollars? WTF!?

    I'm pretty much a teetotaler, but I certainly think they're ridiculous.

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    Onetouch is giving away free glucose meters check http://bit.ly/bfU37O

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    With many new announcement about the wizard of oz movies in the news, you might want to consider starting to obtain Wizard of Oz book series either as collectible or investment at RareOzBooks.com.

  • دردشة يمنية||

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