Pubdate: Sat, 13 Nov 2010
Source: Los Angeles Times (CA)
Page: AA7
Copyright: 2010 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: John Hoeffel
Cited: Los Angeles City Council 
http://lacity.org/YourGovernment/CityCouncil/index.htm
Bookmark: http://www.mapinc.org/topic/Los+Angeles+City+Council
Bookmark: http://www.mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

COUNCIL STUDIES EXTENSION ON POT CLINICS

Paul Koretz Backs a 180-Day Delay for Dispensaries to Comply With Rules.

With its medical marijuana ordinance snared in prolonged court 
proceedings, the Los Angeles City Council is moving to extend the 
amount of time dispensaries will have to comply with it and to change 
a controversial provision that would have required all but 41 to close down.

Since the city realized that hundreds of dispensaries had opened 
despite a moratorium adopted in 2007, it has struggled to regain 
control. Scores of dispensaries have sued to invalidate the 
ordinance, and a Superior Court judge is expected to issue a ruling 
early next month on many of their claims.

The ordinance required medical marijuana dispensaries approved by the 
city to adhere to its provisions within 180 days after it became law, 
which is Dec. 4. But city officials still have not determined which 
dispensaries will be allowed to remain open.

Councilman Paul Koretz recently introduced a motion to extend the 
deadline by 90 days, but aims to amend it to 180 days. "I think this 
is pretty much the consensus at this point," he said.

Last week, a dispensary asked the judge to block enforcement of the 
deadline. "Resolving the issue legislatively makes a lot of sense," 
said Gary Hiller, an attorney with Fenton Nelson, which represents 
about 30 dispensaries and filed a motion for a preliminary injunction.

It's unclear when the council will consider the extension, but on 
Wednesday it will take up another motion Koretz introduced to change 
a provision that led the city clerk to disqualify most of the 
dispensaries that filed applications to remain in business.

Only those dispensaries that registered with the city under the 
moratorium were allowed to apply, and 169 did. But the city clerk's 
office eliminated most of them, in many cases because they failed to 
comply with a requirement that their ownership and management must 
not have changed. That left 41 dispensaries.

"I think that's because it's an overly aggressive misinterpretation 
of the council's intent," Koretz said.

On Friday, the council approved Koretz's motion to ask the city 
attorney to draft new language so dispensaries could qualify if at 
least one owner was the same as in 2007. The councilman said he 
thought that would allow at least 80 to 90 dispensaries to apply to stay open.

"Still not all of them," he said, "but a more reasonable number."

Under the ordinance, dispensaries must follow many new regulations, 
such as being at least 1,000 feet from schools, parks and other 
places where children congregate. The delay in determining which 
dispensaries will be allowed has caused headaches for operators 
trying to find new locations.

"We're all waiting," said Yamileth Bolanos, who operates a collective 
and is president of the Greater Los Angeles Collectives Alliance. 
"It's so frustrating for all of us." 
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MAP posted-by: Richard Lake