can.i.buz
Well-Known Member
PLUM fumbles
September 29th, 2009 | No Comments | Posted in » Medical Marijuana Information
Medical cannabis advocates left todays Planning and Land Use Management (PLUM) Committee disappointed when, after more than two hours of comments and debate, the committee voted unanimously to approve a badly flawed ordinance prepared by the City Attorneys office. Chairman Ed Reyes gave staff four pages of instructions amending the ordinance before sending it on to the Public Safety Committee. However, advocates argue that the amendments do not address the key issues that make the ordinance unworkable the legal status of storefront collectives, sales of cannabis, and patient-cultivator privacy.
Like his predecessor, City Attorney Carmen Trutanich insists that sales of medical cannabis and storefront facilities that provide it to members of patients collectives and cooperatives are illegal. As a result of this faulty interpretation of law, the City Attorneys staff developed a draft ordinance that seeks to regulate the collective cultivation of medical cannabis, instead of the storefront facilities from which medicine is provided. Trutanichs position is in conflict with guidelines published by the California Attorney General last year and a growing body of case law.
This conflict over regulations in Los Angeles is explored in greater detail in a White Paper prepared by Americans for Safe Access (ASA) and the Greater Los Angeles Collective Alliance (GLACA). I will publish a more detailed analysis of the City Attorneys draft ordinance when a draft incorporating todays changes in available (probably next week).
The City Attorneys intransigence on this issue may be due, in large part, to his fundamental opposition to medical cannabis in the city. ASA released documents today showing that Mr. Trutanich will be a headliner at a training luncheon for local law enforcement entitled Eradicating Medical Cannabis Dispensaries in Los Angeles and Los Angeles County on October 8. I reminded PLUM Committee members to consider the bias reflected by participation in an event like this when considering the City Attorneys analysis of medical cannabis law. Is he working with the City Council to regulate safe access, or at cross-purposes to eradicate it?
Not all of the debate today was about the minutia of the Health and Safety Code and its interpretation in court. Councilmember Dennis Zine got some chuckles when he defended his recent radio comments, in which he referred to collective operators who are breaking the law as greedy bastards. He also surprised advocates by calling on the City Attorneys office to call in the Drug Enforcement Administration to close recalcitrant collectives that refuse to close after the denial of their hardship application. This drew condemnation from Dege Coutee of the Patients Advocacy Network, and audible boos from the crowd.
Councilmembers Zines suggestion is more likely to be the result frustration than an articulation of a new policy. He made his initial motion to study regulations in 2005. The issue has been before the Committee numerous times, usually with long and passionate debate. He and his colleagues are impatient for an ordinance which may be why they are willing to move forward with a flawed policy, in lieu of more inertia. We can only hope Councilmembers bring fresh eyes and open minds to the coming debate in the Public Safety Committee and before the full City Council.
September 29th, 2009 | No Comments | Posted in » Medical Marijuana Information
Medical cannabis advocates left todays Planning and Land Use Management (PLUM) Committee disappointed when, after more than two hours of comments and debate, the committee voted unanimously to approve a badly flawed ordinance prepared by the City Attorneys office. Chairman Ed Reyes gave staff four pages of instructions amending the ordinance before sending it on to the Public Safety Committee. However, advocates argue that the amendments do not address the key issues that make the ordinance unworkable the legal status of storefront collectives, sales of cannabis, and patient-cultivator privacy.
Like his predecessor, City Attorney Carmen Trutanich insists that sales of medical cannabis and storefront facilities that provide it to members of patients collectives and cooperatives are illegal. As a result of this faulty interpretation of law, the City Attorneys staff developed a draft ordinance that seeks to regulate the collective cultivation of medical cannabis, instead of the storefront facilities from which medicine is provided. Trutanichs position is in conflict with guidelines published by the California Attorney General last year and a growing body of case law.
This conflict over regulations in Los Angeles is explored in greater detail in a White Paper prepared by Americans for Safe Access (ASA) and the Greater Los Angeles Collective Alliance (GLACA). I will publish a more detailed analysis of the City Attorneys draft ordinance when a draft incorporating todays changes in available (probably next week).
The City Attorneys intransigence on this issue may be due, in large part, to his fundamental opposition to medical cannabis in the city. ASA released documents today showing that Mr. Trutanich will be a headliner at a training luncheon for local law enforcement entitled Eradicating Medical Cannabis Dispensaries in Los Angeles and Los Angeles County on October 8. I reminded PLUM Committee members to consider the bias reflected by participation in an event like this when considering the City Attorneys analysis of medical cannabis law. Is he working with the City Council to regulate safe access, or at cross-purposes to eradicate it?
Not all of the debate today was about the minutia of the Health and Safety Code and its interpretation in court. Councilmember Dennis Zine got some chuckles when he defended his recent radio comments, in which he referred to collective operators who are breaking the law as greedy bastards. He also surprised advocates by calling on the City Attorneys office to call in the Drug Enforcement Administration to close recalcitrant collectives that refuse to close after the denial of their hardship application. This drew condemnation from Dege Coutee of the Patients Advocacy Network, and audible boos from the crowd.
Councilmembers Zines suggestion is more likely to be the result frustration than an articulation of a new policy. He made his initial motion to study regulations in 2005. The issue has been before the Committee numerous times, usually with long and passionate debate. He and his colleagues are impatient for an ordinance which may be why they are willing to move forward with a flawed policy, in lieu of more inertia. We can only hope Councilmembers bring fresh eyes and open minds to the coming debate in the Public Safety Committee and before the full City Council.