LA County District Attorney vows to continue to prosecute medical marijuana dispensary operators

AP Photo
Los Angeles County District Attorney Steve Cooley announces his office will prosecute dispensaries that sell medical marijuana even if the Los Angeles City Council adopts an ordinance that does not ban such sales, during a news conference at his office in Los Angeles on Tueday, Nov. 17, 2009.
Nov. 17, 2009 | KPCC Wire Services

Los Angeles County District Attorney Steve Cooley said today he will continue prosecuting operators of dispensaries that sell medical marijuana, regardless of a proposed city ordinance that would allow cash ``transactions'' between patients and those cultivating the drug.

``Any proposed ordinance allowing for the sales of marijuana is in direct conflict with California's Compassionate Use Act and Medical Marijuana Program,'' according to a statement from the District Attorney's office.

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``The City Council has no authority to amend state law or Prop 215,'' according to the statement. ``Such authority is solely possessed by California voters. They voted for and passed the Compassionate Use Act, which only authorizes the possession, use and cultivation of marijuana for medicinal purposes. The sale of marijuana is illegal under state law.''

The City Council's Public Safety and Planning and Land Use Management committees on Monday watered down a proposed ordinance crafted by the City Attorney's Office, with the revised version stating, ``cash contributions, reimbursements and compensations shall be allowed, provided it's in compliance with state law.''

The full City Council will discuss the issue Wednesday.

Before the amendments, the proposed ordinance allowed only collectives -- not dispensaries -- to grow marijuana for patients. It defined collectives as groups of people with severe medical problems, their primary caregivers, and people they authorize to cultivate marijuana for them.

The proposed ordinance barred collectives from deriving any profit, allowing them only to recoup ``out-of-pocket costs of (medical marijuana's) collective cultivation.''

Several committee members raised concerns that such provisions would virtually eliminate access to a drug that helps relieve chronic pain.

``This is not about creating the Starbucks of marijuana sales,'' Councilman Ed Reyes said. ``This is about creating access for people who really need it and to do that, there has to be some form of transaction because it costs money to cultivate, it costs money to have a facility, it costs money to have a staff, so they should be reimbursed for that.''

David Berger, a special assistant to City Attorney Carmen Trutanich, likened the amendments to ``putting lipstick on a pig.''

``You're just going to call it something else,'' he said Monday. ``It is for all intents and purposes a sale -- you're just going to take away the profit element by hiking up the costs of operation.''

Despite his reservations, Trutanich said today his office will ``provide an ordinance that comports with the committee's wishes.''

However, he added, ``I think (the City Council is) bound by state law as we are, and the law appears to be pretty clear that sales are banned.''

``I think at this point, we want to be clear that we don't pass something that's going to subject those that are truly collectives to prosecution by another authority.''

California voters legalized medical marijuana when they approved Proposition 215 in 1996, but there has been little agreement about regulating dispensaries. Initially, only individuals were allowed to grow pot, but the law was amended in 2003 to allow collectives to do it as well.

California Attorney General Jerry Brown has said medical marijuana outlets are supposed to operate as nonprofit groups, but few do.

Los Angeles alone has about 1,000 medical marijuana dispensaries, many of which opened during a moratorium by using a legal loophole in a city ordinance.

jon jonzz
2 months, 3 weeks ago

simple answer, vote his dumb arse out of there.

Miss Traylor
2 months, 3 weeks ago

I'll sign that petition!

The ironic thing is that the LA County's CEO Bill Fujioka is asking employees to suggest ways of saving money! Well, here's a good place to start - stop wasting money persecuting the people who want to smoke a joint to relax after work instead of having a martini!

Am I in a time warp and it's 1954? A majority of California's voted for access to pot- and WHO CARES whether it's for some perceived medical effect or for fun?

If you want to make sure it's organic and American grown, cheap, available and safe - legalize, regulate and tax it. Enact zoning regulations that make sense and protect pot shops just like any other business. Just like Holland.
Why would you take actions that would drive dealers and their clients back into the street? That's not helping the situation.

That green cat is so out of the bag, you'll never be able to put it back in. And why would you want to?

Gary S. Phillips
2 months, 3 weeks ago

Might be time for a recall.

http://cityclerk.lacity.org/election/electioncode.pdf

PDF - page 15

ANDERSON
2 months, 3 weeks ago

STRAIGHT OUT PHUK STEVE COOLEY AND CARMEN TRUTANICH IT'S COOL WHEN THEY SAY THEY CAN KILL YOU FDA APPROVED AN THATS THE WORST. MARIJUANA HAS 2 SIDE EFFECTS (OE) OR (OS) OE IS OVER EAT CANCER PATIENTS WHO CAN"T SMOKE OS IS OVER SLEEP FOR PEOPLE WHO HAS SLEEPIN PROBLEMS HIV, AID, I CAN GO ON GOD MADE, I"M GOING TO SMOKE UP SO AGAIN PHUK VRY MUCH COOLEY AND TRUANICH... I"M SMOKIN TO THEY ARE THROWIN DIRT ON MY CASKET..........................

nick
2 months, 3 weeks ago

So, your telling me this guy doesent want dispencarys but is ok with people growing.... HAHAHAHAHAHAHAHAHAHAHAHA!!!!!!!!!! SOUNDS GOOD TO ME! where i sign up??!!

`The City Council has no authority to amend state law or Prop 215,'' according to the statement. ``Such authority is solely possessed by California voters. They voted for and passed the Compassionate Use Act, which only authorizes the possession, use and cultivation of marijuana for medicinal purposes. The sale of marijuana is illegal under state law.''

HAHAHAHAHAHAHAHA sounds A ok to me seeing how id love to grow enough that i never ever have to worrie bout running out again LOL

James
2 months, 3 weeks ago

What part of safe and affordable access does he not get? So if I am in pain today, I need to wait for my crop to finish in 3 months for me to get some relief. So when the crop gets mold, and I need to start over, again I need to wait for another crop and I again will have to wait for some relief. Many medical marijuana patients do not have the ability or the time to produce medicine and need to obtain in immediately and store front collectives provide this service.

Cheryl Shuman
2 months, 1 week ago

As a legal cannabis patient, cancer survivor and Executive Director for Beverly Hills NORML, I'm currently working 24/7 to reform marijuana laws in the County of Los Angeles. Now is the time to come out of the closet and take a stand. I welcome those of you that would like to join us in working towards legalization.

Respectfully,
Cheryl Shuman
Executive Director
Beverly Hills
NORML90210
http://www.NORML90210.org

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