LA Council OKs Temporary Ban On New Medical Marijuana Facilities

LA Council OKs Temporary Ban On New Medical Marijuana Facilities

POSTED: 12:36 pm PDT August 1, 2007
UPDATED: 12:42 pm PDT August 1, 2007


LOS ANGELES -- New medical marijuana dispensaries are temporarily prohibited from opening in the city under an ordinance approved Wednesday by the Los Angeles City Council, which plans to regulate the facilities.

The ban was approved 10-2, with Councilmen Bernard Parks and Greig Smith dissenting because cannabis is considered an illegal substance by the federal government, and they do not want to support an ordinance that defies federal law.

The ordinance is expected to be in place for at least one year while the Police, Planning and other city departments draft a permanent ordinance regulating dispensaries, including hours of operation, proximity to schools, on-site consumption and security.

The interim ordinance requires existing dispensaries to obtain a city Tax Registration Certificate, a state Board of Equalization seller's permit, a property lease, business insurance, proof of dispensary membership and, if necessary, a county health permit within 60 days.

California voters approved Proposition 215 in 1996, which legalized the use of medical cannabis by patients referred by doctors.

Medical marijuana dispensaries -- an estimated 200 to 400 operate in Los Angeles, according to Councilman Dennis Zine -- are defined as "facilities that provide marijuana for medical purposes to patients or primary caregivers who have a related recommendation from a physician."

"This isn't about getting high, it's not about recreational use," said Zine, who spearheaded the moratorium. "I don't believe we should turn our backs on the DEA when they're out arresting drug dealers. I support the incarceration of people who are dealing drugs but medicinal marijuana, just like morphine, just like other prescription medication, is regulated, it's legitimate and it's used in a medical practice."

Marijuana is still considered an illegal substance by the federal government, which has recently been cracking down on dispensaries in Southern California.

"I may not like the federal law, I may not agree with it, but it is the law of the United Sates of America," Smith said. "For us as a city to violate that law is wrong. When we were all sworn in, every 15 of us, we swore to defend the Constitution of the United States of America and until the federal government changes the law, we must, by our vote, defend the Constitution of the United States and obey the laws."

Five people were arrested last Wednesday -- the same day the council gave preliminary approval to the ordinance -- as the U.S. Drug Enforcement Administration served search warrants at 10 medical marijuana facilities in the Hollywood area.

At least 25 pounds of dried marijuana, edible marijuana products such as brownies and candy bars, two handguns and cash were seized in the raids, according to the DEA.

http://www.knbc.com/health/13799687/detail.html?rss=la&psp=news


DaBronx