Pubdate: Wed, 4 Nov 2009
Source: Los Angeles Times (CA)
Page: A26, Opinion, Letters
Copyright: 2009 Los Angeles Times
Author: Gary Hiller


Re "Putting a lid on pot sales," Editorial, Oct. 30

The Times urges the city to enforce existing medical marijuana laws 
before enacting new ones. While enforcement is preferable to 
additional lawmaking, rigorous compliance is even better.

Unfortunately, conflicting guidance from California Atty. Gen. Jerry 
Brown and Los Angles County Dist. Atty. Steve Cooley fosters 
confusion, which makes compliance difficult.

The Times exacerbated the confusion by referencing a California 
Supreme Court decision that allegedly prohibits over-the-counter 
dispensary sales. In People vs. Mentech, the court merely upheld a 
narrow definition of the term "primary caregiver" to require 
responsibility for a patient's housing, health or safety. It didn't 
require a dispensary to be a primary caregiver.

Dispensaries should be guided by People vs. Urziceanu, a case that 
affirmed the legality of medical marijuana cooperatives that receive 
reimbursement for medical marijuana and related services.

You suggested we call the cops. Let's instead call on the medical 
marijuana community to comply with existing laws and provide them 
clear and accurate information to successfully do so.

Gary Hiller

Los Angeles
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