Pubdate: Thu, 21 May 2009 Source: Los Angeles Independent (CA) Copyright: 2009 Los Angeles Independent Newspaper Group Contact: http://www.laindependent.com/ Details: http://www.mapinc.org/media/1602 Author: Arin Mikailian, Staff Writer Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) SPROUTING LIKE WEEDS An Explosion Of Medical Marijuana Dispensaries Makes Some Wonder Whether Sales Are For Patients Or Pleasure. In a slumping economy, an explosion of new businesses in a single neighborhood is normally seen as a positive sign, evidence that things are beginning to turn around. But some Hollywood locals aren't exactly thrilled at a recent surge of openings in one particular sector: medical marijuana dispensaries. Melrose-area resident Peter Nichols said he counted 11 such clinics on the stretch of Melrose Avenue between Highland Avenue and Fairfax, nine of which have opened shop in the past four months. Estimates of the total number of dispensaries in Los Angeles vary between 400 and 500. That's more locations than one of the Southland's most well-known chains, Nichols said, a fact he obtained from an episode of the KCET program "SoCal Connected." "There's now more pot collectives," he said, "than Starbucks coffee houses." Although Nichols wants tougher regulations, he is an advocate of Proposition 215, which legalized medical marijuana in California in 1996, making the drug easily obtainable for people suffering from cancer, HIV/AIDS and other serious ailments. But there's a key difference that divides dispensaries into those operating legally and illegally. Legal dispensaries in L.A. are those that went into business after the passage of Proposition 215, but before a new piece of city legislation was approved almost two years ago. In the summer of 2007, the Los Angeles City Council, in response to concern over the rising number of dispensaries, passed an interim control ordinance to prevent any more medical marijuana clinic openings. Any clinics that set up shop after that approval were considered illegal and are subject to citation and closure by the city's Building and Safety Department. What Nichols opposes is this new round of clinic openings, and how some appear to be marketing not to patients, but rather to individuals seeking to smoke for pleasure. He has seen one dispensary on Melrose Avenue that hired a DJ to spin records by its entrance, while others have kept operating hours as late as 2 a.m. "Clearly, my impression is, given my professional background, that they're marketing toward the street crowd," said Nichols, who said he has worked in marketing for 25 years. "If you're operating a business under the guise of a legitimate medical marijuana dispensary, why would you need to operate until 2 a.m.?" The interim control ordinance stands until the council drafts and approves a permanent ordinance with more teeth, but it has yet to be completed. In the meantime, dispensaries continue popping up, and one of the main reasons is outlined in the ordinance itself. In section four of the document, it states that those wanting to open a medical marijuana clinic can only do so by filing a form with the city known as a hardship exemption. The section in the ordinance regarding the hardship exemption states: "The City Council, acting in its legislative capacity and by resolution, may grant an exemption from the provisions of this ordinance in cases of hardship duly established to the satisfaction of the City Council." Since the interim ordinance was enacted, hundreds of hardship exemptions have been filed. According to the Los Angeles Planning Department's Web site, simply filing a request for a hardship exemption does not grant permission to open a dispensary. That approval must come from the L.A. City Council. To the shock of many, the council has yet to approve a single hardship exemption. "The L.A. City Council has failed to do its job," said Melrose-area resident Paul Lerner, who is also concerned about the spike in the number of dispensaries near his home. Lerner later added: "I just wonder what they are doing and why they are not doing their job. This is not rocket science. Virtually every other city in California has had regulations put in place for marijuana dispensaries." However, the Department of Building Safety has cited some illegal dispensaries, although a request Los Angeles City Councilman Jose Huizar recently made a motion to eliminate hardship exemptions from the interim control ordinance. In his motion, the councilman stated that there are 287 hardship exemptions before the council as of April 28. Huizar also noted that no action will be taken against those dispensary owners who filed a hardship exemption prior to the approval date of his motion. Huizar's office did not respond to numerous requests for an interview. But in his motion, Huizar offered his thoughts why he believes the City Attorney's office has done little to shut down illegal dispensaries. "The city attorney's office has indicated that the court will reject these cases because 1) the applicant has sought relief via the hardship exemption provision and 2) it is incumbent upon the city (not the court) to pass legislation that regulates these facilities," the councilman wrote. Huizar's placing of some of the blame on the city attorney's office has also been an ongoing cycle of various city entities pointing fingers at one another on the issue, leaving some to believe that the infighting is why illegal dispensaries continue to open. In an e-mail to the Independent, the city attorney's office stated: "aE& the City Attorney's office is committed to appropriate enforcement. We urge the council to finalize action on a citywide policy including acting on the various hardship requests." Until Huizar's motion is approved or when a new ordinance is put in place, not much can deter dispensaries from opening, especially after U.S. Attorney General Eric Holder said in February that the Drug Enforcement Administration would no longer be raiding medical marijuana clinics. A small number of dispensary owners have spoken to the press in an effort to communicate the legitimacy of their practice. Amy Weiss owns a Hollywood dispensary that she said she strives to run as a legitimate clinic. She got into the business after medical marijuana aided her sick grandmother. "That's the problem I have with other collectives, they're not putting their patients needs ahead of their own needs," she said. "We're a clean and well-organized place where people aren't smoking and getting goofy. We're about helping the patients." - --- MAP posted-by: Jo-D