Los Angeles Marijuana Dispensaries Ordinance

Posted on: January 27, 2010 at 4:28 p.m.

The Los Angeles City Council gave its final approval to an ordinance that will shut down hundreds of Los Angeles medical marijuana dispensaries and impose strict rules on the location and operation of the dispensaries that are allowed.

In a 9-3 vote, the approval passed today without debate. The ordinance has been the topic of discussion amongst the council for more than 4 1 /2 years and would effectively limit the number of Los Angeles medical marijuana dispensaries to 70. The ordinance also states that dispensaries registered with the city in 2007 remain open, raising the number to about 150.

Hundreds of Los Angeles medical marijuana dispensaries have popped up as the City Council debated the proposed ordinance over the past couple of years. The debate made it possible for new dispensaries to open as the City Council failed to enforce regulations on these new dispensaries.

According to city officials, an estimated 500 Los Angeles medical marijuana dispensaries will be forced to close under the ordinance. Some of these dispensaries, however, are not going down without a fight; several are preparing to sue the city and collect signatures to force a referendum on the ordinance.

In addition to the limitation on dispensaries, the ordinance also requires surviving dispensaries to be at least 1,000 feet from other dispensaries and so-called sensitive areas, such as schools, parks and libraries. Among other restrictions, dispensaries will be required to close at 8 p.m. and will not be permitted to allow Los Angeles medical marijuana use at the stores.

Once the ordinance is in place, the city attorney's office will send letters to affected landlords and dispensary operators telling them that they must close immediately. If the dispensaries remain open, the city attorney's office likely will take them to court.

This crackdown on Los Angeles medical marijuana dispensaries has serious implications for those that legally use marijuana for various reasons. The shutting down of marijuana dispensaries will force some to travel further away or find alternative sources to attain marijuana. This can leave some in limbo as far as drug laws in California go. Los Angeles medical marijuana possession laws can be confusing as circumstances dictate whether or not a person can be charged with possession, including the arresting agency, the location and more.

If you find yourself in a situation in which you aren’t aware of the legality of marijuana possession and have been arrested, you need to contact a Los Angeles criminal defense attorney team immediately to inform you of your rights and ensure a fair trial in court. The professional and knowledgeable Los Angeles criminal defense attorney team at Kestenbaum, Eisner & Gorin, LLP has more than 50 years of courtroom experience and is well versed in drug laws in Los Angeles. With our experience in the field, we are able to come up with a strategic defense that can result in charges against you being dropped or conviction consequences reduced. If you have been arrested for marijuana possession, contact the Los Angeles criminal defense attorney team at 1-877-781-1570 immediately or visit our site at www.keglawyers.com for more information on drug laws in California and how we can help you if you find yourself facing possession charges.

Tagged as: los angeles medical marijuana attorney, los angeles medical marijuana dispensary

0 Comments

Medical Marijuana Dispensary Battles

Posted on: November 11, 2009 at 7:12 p.m.

A particularly contentious area of the law for Los Angeles criminal defense attorneys is Los Angeles medical marijuana law. While medical marijuana was legalized in Los Angeles and the rest of the state, law enforcement (both state and federal) continue to raid Los Angeles medical marijuana dispensaries. In fact, this battle is taking place throughout the state of California.

Arguments over Los Angeles medical marijuana use, as well as in other cities, are heating up all over California. By some accounts, there are more medical marijuana dispensaries in Los Angeles than there are Starbucks and 7/11 stores. In Fresno, the fight over medical marijuana has recently been focusing on zoning laws and the overlap of legal jurisdiction between the city, state and national government. Fresno recently adopted zoning laws that effectively prohibit medical marijuana dispensaries from operating in city limits. Federal policy technically makes the use of marijuana illegal, even for medical purposes. The Obama administration, however, has taken a less forceful track than the Bush administration, saying it will not prosecute medical marijuana dispensaries or the patients who use it in states where it is legal by state law.

Fresno’s nine recognized marijuana dispensaries have been ordered to close their doors while lawyers hash out their legality in court. In 2006, Fresno very obviously attempted to ban dispensaries within city limits by drafting zoning laws that specified that all marijuana dispensaries must comply with both state and federal laws in order to operate. Since federal law prohibits marijuana dispensaries, no dispensary could fully comply and remain open legally. Opponents of the use of marijuana for medical purposes argue that Fresno’s zoning laws banning marijuana dispensaries are supported by federal law, which supersedes state law. Those in favor of medical marijuana argue that states’ rights and California state law should prevail, keeping the dispensaries open. Trial in the case has been set for January, 2010. In the meantime, opponents of the dispensaries have asked the presiding judge for a temporary restraining order that would shutter all of the city’s dispensaries until after the trial. The order was granted on October 28th. Attorneys for the city’s nine dispensaries will appeal the decision in an attempt to keep the dispensaries open until the trial begins.

Los Angeles medical marijuana policies are likewise subject to the same confusion. While city zoning laws have not gone so far as to ban marijuana dispensaries, possession, sale or the manufacture of marijuana for medical purposes may still get you arrested, depending on the law enforcement agency that arrests you. With such a complicated criminal matter, you need an experienced criminal defense attorney by your side.

If you or someone you know has been arrested in connection with Los Angeles medical marijuana, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today to find out what your options are. Let us fight for you.

Tagged as: los angeles medical marijuana attorney, los angeles medical marijuana dispensary

5 Comments

Kestenbaum Eisner & Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses.

Los Angeles County, CA: Agoura, Altadena, Alhambra, Bellflower, Beverly Hills, Burbank, Calabasas, Century City, Chatsworth, Compton, Culver City, Diamond Bar, Downey, Downtown Criminal Court, El Segundo, East Los Angeles, Eastlake, Encino, El Monte, Glendale, Glendora, Hermosa Beach, Hidden Hills, Hollywood, Huntington Park, Inglewood, Los Angeles Lawyer, La Canada, LAX Court, Los Padrinos, Long Beach, Los Angeles Attorney, Malibu, Manhattan Beach, Marina Del Rey, Newhall, Norwalk, Palos Verdes, Pasadena, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, San Dimas, San Fernando, San Marino, San Pedro, Santa Clarita, Sherman Oaks, Sierra Madre, Santa Monica, South Gate, South Pasadena, Sylmar, Torrance, Universal City, Valencia, Van Nuys, West Covina, West Hollywood, Walnut, Westchester, West Hollywood, Westlake Village, Whittier, Woodland Hills, California. Orange County, CA: Anaheim, Anaheim Hills, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine Attorney, Laguna Beach, Laguna Hills, Laguna Niguel, La Habra, La Palma, Mission Viejo, Newport Beach, Orange, Orange County Lawyer, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Tustin, Villa Park, Westminster, Yorba Linda, California. Ventura County, CA: Camarillo, Moorpark, Oxnard, San Buenaventura, Simi Valley, Thousand Oaks, Westlake Village. San Bernardino County, CA: Ontario, Rancho Cucamonga, Upland.

Prior Criminal Law Posts

Los Angeles Marijuana Dispensaries Ordinance

Medical Marijuana Dispensary Battles

Firm Fan Page & News

Our Criminal Defense Partners

Criminal Defense Resources

Prior Criminal Law Posts