Judge sets aside LA’s moratorium on medical marijuana dispensaries

David McNew/Getty Images
A man enters Private Organic Therapy (P.O.T.), a non-profit co-operative medical marijuana dispensary, on October 19, 2009 in Los Angeles, California. Attorney General Eric Holder announced new guidelines today for federal prosecutors in states where the use of marijuana for medicinal purposes is allowed under state law.
Oct. 19, 2009 | Cheryl Devall | KPCC

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On the day the U.S. attorney general released new guidelines for prosecuting medical marijuana distributors and users, a Los Angeles Superior Court judge ruled that the city of L.A.’s moratorium on new pot dispensaries is invalid.

In June, the L.A. City Council extended a two-year-old moratorium on new medical marijuana dispensaries. But a dispensary owner, along with a medical marijuana collective, sued. They claimed the moratorium couldn’t continue for more than two years unless a permanent law took its place.

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An L.A. County Superior Court judge agreed. His ruling applies only to the dispensary in this case, but it could make way for more dispensaries.

Many of the hundreds now in business opened under a loophole in L.A. city law. The city’s and county’s lead prosecutors say they’ll work to shut down the ones they can.

It’s uncertain whether the new federal policy will complicate that goal. It maintains that growing and selling marijuana are illegal under federal law. But it backs off from prosecuting medical marijuana users with prescriptions and the outlets that fill them – as long as they operate within the law of states like California that permit medicinal use.

Kelly
4 months, 4 weeks ago

Its safer than alcohol and should be legal anyway, what a waste of time and money!

OldLawyer
4 months, 4 weeks ago

"Prohibition will work great injury to the cause of temperance. It is a species of intemperance within itself, for it goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation, and makes a crime out of things that are not crimes. A Prohibition law strikes a blow at the very principles upon which our government was founded." -Abraham Lincoln U.S. President.

Drug Prohibition has failed for the same reason Alcohol Prohibition failed. Prohibition does not work. Don’t Be Fooled Prohibition is UN-AMERICAN!

END THE FOOLISH, FAILED WAR ON DRUGS!

Nancy Hampshire
4 months, 4 weeks ago

I need help locating medical marijuana dispensaries, I have been chroniclly ill for a long time.I use pot to help me but it's not by a doctor. Who and how can I find a place where if I asked my doctor to write a prescription he will know how to help me. I'm 54yrs. and don't know how to find any places on the computer. I've tried for several weeks, but have been unsuccessful.I live in orlando, florida. Could anyone who reads this please help me as soon as you can.

David Fo
4 months, 4 weeks ago

For the legitimate sufferer, these laws are justly democratic. Regulation and enforcement of abuse is simple responsibility. To see a great friend that has done so much for terminal cancer patients being prosecuted is criminal in and of itself. I have seen first hand the horrifying side effects of cancer treatment on my best friend who passed in Sept of 08 after a 5 year battle with brain cancerat the young age of 33. Although he did not partake of cannabis, the medicines that were provided were topical at best and never provided true relief, if albeit temporarily. I urge everyone to think about the facts from every azimuth before making up your minds. This is the law of the people and should be respected as much as the rest of the laws that for better or worse are our way of governing.

Riverside jury selection just began and trial set for the 28th. The Prosecution is wasting tax-payers money the County and People do not have. Good luck Joe!

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