Medical marijuana groups threaten to sue if L.A. bans sales

[villager]

Source: LA Times

Medical marijuana groups threaten to sue if L.A. bans sales


Two medical marijuana groups are threatening to sue the city of Los Angeles if the City Council passes an ordinance that bans the sale of medical marijuana. Two council committees are meeting today to try to finish drafting an ordinance that contains the controversial provision.

Dispensary operators have consistently said they are uncertain they could stay open with such a restriction. Most collectives, which are required to be not-for-profit, sell marijuana to their members, but they consider it a donation to reimburse their costs.

The prohibition on sales was written by the city attorney’s office. In a lengthy analysis of state law and court decisions, City Atty. Carmen Trutanich concluded that over-the-counter sales of medical marijuana are not allowed. Instead, he said, collectives are shielded from prosecution only when they are growing it.

Both medical marijuana organizations, the Union of Medical Marijuana Patients and Americans for Safe Access, take issue with Trutanich’s view, saying he has misinterpreted the law and the court decisions.

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Read more: http://latimesblogs.latimes.com/lanow/2009/11/medical-marijuana.html

[mike_c]

1. collectives are shielded from prosecution when growing pot...

...but not when distributing it to patients? That is patently absurd and not at all the intent of the voters who passed prop 215. This interpretation suggests that the intent of prop 215 was to further criminalize the distribution of medical marijuana if providers recoup their costs. That's just ridiculous. It's the last gasp of conservative law enforcement watching their half century long cash cow dry up.

[kestrel91316]

2. Apparently it's legal to possess and grow the stuff but not to transfer ownership of it.

So only those with green thumbs are allowed to use medical marijuana??????

[krabigirl]

4. It's ridiculous. Many people do not want to grow it, or cannot, or are afraid to.

For christ's sake, it's a freaking plant. Why all the BS?

[kestrel91316]

6. That's my exact point. I would grow it, but where do I get seeds? And

my balcony faces north, and I can't afford nor do I have space for an indoor hydroponic setup. Plus, the cats would have a field day with it. Oy vey.

[krabigirl]

3. Yep. They will lose if this is brought to court.

It's a joke. Hey, if they don't want to honor prop 215, maybe cities who were against Prop 8 should do the same and start marrying gays and lesbians again.

[SteveM]

5. Such are the reverse-image realities of prohibition (nt)