[PharmaCan]

Medical marijuana advocates file lawsuit challenging L.A. ordinance
By Tony Barboza Los Angeles Times Staff Writer

March 2, 2010 | 11:02 a.m.


Medical marijuana advocates upped the ante Tuesday in the legal battle over Los Angeles' pot dispensaries by suing the city, claiming the ordinance that takes effect later this month is so restrictive it will cause even law-abiding businesses to shut down.

Americans for Safe Access, the nation's main medical marijuana advocacy nonprofit, filed the lawsuit with the Venice Beach Care Center and the PureLife Alternative Wellness Center, two dispensaries that have operated in Los Angeles since 2006 -- before the city's moratorium on the centers took effect.

The 11-page suit filed in Los Angeles Superior Court says the sweeping marijuana ordinance passed by the City Council in January and signed into law by the mayor Feb. 3 "severely restricts access to medical marijuana by effectively forcing plaintiffs, as well as the vast majority of collectives in the City, to close their doors."

The suit alleges the city ordinance violates state law, and it seeks a court injunction and restraining order to stop the measure from being enforced. In the suit, dispensary operators object to the "onerous restrictions" of the law that is scheduled to take effect March 14, such as a rule that gives them only seven days to relocate to 1,000 feet away from schools, parks and places of worship but does not provide maps to show where they are allowed under the law.

"We want to work with the city to comply with its regulations, but such unreasonable requirements make compliance impossible," Yamileth Bolanos, operator of the PureLife Alternative Wellness Center, said in a statement. The city attorney's office did not immediately respond to requests for comment.

The city prosecutor's office filed three lawsuits last month seeking court injunctions to force Organica in the Venice area and two Holistic Caregivers stores in South Los Angeles to stop all sales.

Los Angeles City Atty. Carmen Trutanich has said that state law authorizes collectives only to grow marijuana and recover their actual costs, not to sell it.

Voters passed the state's medical marijuana initiative in 1996, and the Legislature adopted a law to expand access in 2003, but the courts still have not ruled directly on whether collectives can sell marijuana to their members.

Americans for Safe Access threatened to sue the city last week if it did not drop the Organica/Holistic Caregivers lawsuits, calling it part of a crackdown that goes beyond the scope of the new ordinance.

Kris Hermes, spokesman for the advocacy group, said the lawsuit filed Tuesday takes aim at the new ordinance, not the city attorney's prosecutions.

PC

[bigbrokush]

Thank God for ASA, and I feel for the city of Los Angeles right now........................... ......... No I don't feel sorry for their asses at all.

This lawsuit has no basis.

The 11-page suit filed in Los Angeles Superior Court says the sweeping marijuana ordinance passed by the City Council in January and signed into law by the mayor Feb. 3 "severely restricts access to medical marijuana by effectively forcing plaintiffs, as well as the vast majority of collectives in the City, to close their doors."

There is nothing in the law that says the city must allow access to collectives that are profit driven.

[Olias]

Define profit driven. Everyone deserves to be paid for their labor.

Los Angeles City Atty. Carmen Trutanich has said that state law authorizes collectives only to grow marijuana and recover their actual costs, not to sell it.

That makes no sense. You cannot recover actual costs without requiring the product be purchased.

[kmk420kali]

Originally Posted by Blue Dot

This lawsuit has no basis.



There is nothing in the law that says the city must allow access to collectives that are profit driven.

News Flash....it does not depend on what their Profits are...it is based on Restrictions that will virtually mean there is no place in the City, that D's can operate--
That is a very big "Basis"--

Originally Posted by Olias

Define profit driven. Everyone deserves to be paid for their labor.

It's actually labor plus costs of goods.

Imagine how ridiculous it would sound to try and justify $60 1/8th just on labor alone when in reality it costs about $7 in labor to produce an 1/8 th of pot.

I mean you're not expecting to get paid the same labor wage as a doctor are you?

[kmk420kali]

*EDIT* Nevermind...I seen something before it was corrected--

How much is your time worth to you Blue Dot? Mine is valuable...Maybe it takes $7 of your time to grow YOURSELF an 8th under your 400w but some one producing meds for a cooperative spends much more time and wattage on producing those VALUABLE doses of medicine!

Originally Posted by planty

How much is your time worth to you Blue Dot? Mine is valuable...Maybe it takes $7 of your time to grow YOURSELF an 8th under your 400w but some one producing meds for a cooperative spends much more time and wattage on producing those VALUABLE doses of medicine!

But then you could charge whatever you wanted to based on that logic.

You could think in some fantasy land that your time SHOULD be worth $100/hr and therefore reflect that in the price of the meds.

The problem with that is it's an insult to all those who have worked hard and studied their whole life who really make $100/hr while all your doing is growing a plant, which a lot of people with no study and not very hard work can do.

[Hash Zeppelin]

All laws restricting pot to adults are wrong. that is the bottom line.