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Medical Marijuana Industry News August 24, 2012
Court Ruling Could Reverse Dispensary Bans in California…
The Los Angeles City Council has come under much scrutiny after its controversial decision to ban all medical marijuana dispensaries. Many even wondered if they had the legal authority to even enact such a law with a decision by California’s 2nd District of Appeals stating that dispensaries could not banned. The city decided to move forward with the ban even though it was clear they would have to spend considerable tax dollars defending their ill advised legal decision. A lawsuit has already been filed by the “Patient Care Alliance” challenging the ban. Additionally, Americans For Safe Access have been in the process of collecting the necessary signatures to get a ballot initiative off the ground that would present residents with a chance to overturn the ban themselves. The lawsuit and the ballot initiative may not even be necessary in the end as we recently learned that the court case Pack V. Long Beach was thrown out by the California Supreme Court. Previously, the decision in Pack V. Long Beach ruled that marijuana dispensaries could be banned on the basis that medical marijuana is not permitted by federal law. As a result, municipalities such as L.A. and Long Beach used the decision to ban dispensaries. The state supreme court ruled that since the municipalities have abandoned their federal argument in the recent bans, then everything pertaining to Pack V. Long Beach has been invalidated. Joe Elford of Americans for Safe Access applauded the decision and said “The California Supreme Court has essentially pulled out the rug from under local officials who have used the Pack decision to deny access to medical marijuana for thousands of patients across the state.”
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NAACP Backs Marijuana Legalization Effort In Colorado…
A group familiar with social struggles announced its support for Amendment 64 and Colorado’s marijuana legalization efforts. The NAACP (National Association for the Advancement of Colored People) was formed in 1909 setting out on a mission “to ensure the political, educational, social, and economic equality of rights of all persons and to eliminate race-based discrimination.” The oldest civil rights organization is now seeking passage of Amendment 64. However, their support is not entirely linked to the right to smoke marijuana itself as the group is also very much concerned with the disproportionate numbers of African Americans being jailed for cannabis related convictions. Rosemarie Harris Lytle, president of the NAACP’s Colorado branch said “Marijuana prohibition policy does more harm to our communities than good. “That is why we have endorsed Amendment 64 which presents a more effective and socially responsible approach to how Colorado addresses the adult use of marijuana.” Arrests numbers by race are discouraging across the country but Colorado seems to have an even greater racial disparity in marijuana arrests than other areas of the country. In Colorado, African Americans make up 4% of population but make up 9% of marijuana possession arrests and 22% of sale and cultivation charges. In Denver the numbers are even more alarming as 11% of Denver’s population is African American even as they represent 31.5% of marijuana possession arrests.
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Medical Marijuana Makes Arkansas Ballot for November Election…
Activists in Arkansas faced a major setback when they were unable to deliver enough votes to get medical marijuana to the ballot earlier this summer. However, a renewed effort has been successful with 74,406 signatures being submitted this time. The number is higher than the 62,507 needed. However ballot initiatives often see a significant number of signatures disqualified. This was not the case in Arkansas as the Arkansas Secretary of State said earlier this week that “Our office verified over 69,000 signatures for Arkansans for Compassionate Care. They will be certified to the ballot.” If residents approve the measure Arkansas will join the 17 other states (and Washington D.C.) that permit medical marijuana. They would, however, become the first southern state to start a medical marijuana program.
Patient Care Alliance To Sue Los Angeles Over Dispensary Ban
It did not take long for activists to fight back against the recent ban on medical marijuana dispensaries by the City of Los Angeles. The Los Angeles City Council made a very controversial decision to ban all of its medical marijuana collectives. A decision so controversial, it may even be illegal when considering the recent ruling of California’s 2nd District of Appeals Court which said cities do not have the right to ban marijuana dispensaries.
Many analysts wondered exactly why the city when forward with the ban as many lawsuits were expected, especially as it seems activists have the upper hand legally. Marijuana.net mentioned yesterday that letters were sent to marijuana dispensaries informing them that they have until September 6th to shut down, or face a fine of $2,500 per everyday they remain open. We now have learned that the September 6th forced closure date may be in jeopardy.
According to an article in the Los Angeles Times, the trade group named “Patient Care Alliance”, which represents 300 area dispensaries has filed a lawsuit against the city of Los Angeles over the upcoming dispensary closures. Marc O’Hara who is in charge of the group called the ban “heartless”. The city of Los Angeles is also likely to have another legal headache as GLACA (The Greater Los Angeles Collectives Alliance) and ASA (Americans for Safe Access) are working on a ballot initiative to overturn the ban. They have already began to collect signatures and if they are successful residents of Los Angeles may vote to repeal the ban.
Critics of the ban are concerned that patients will no longer have access to safe medicine and may even have to turn to illegal methods of obtaining cannabis. The City Council claims that patients have not been left out in the cold because they are still allowed to grow their own cannabis and distribute it within groups of three. This proposal seems unenforceable (how exactly will law enforcement prove patients are operating within their groups?) and seems to carry the potential for organized crime to regain their stronghold on the Los Angeles marijuana market. However, growing quality and safe marijuana that is free of pesticides, mold, and other harmful agents can take years of practice, something many patients are unable to do. Additionally there is considerable cost associated with starting a grow operation from scratch. The need for safe access to medication is important, especially for a city that has had legalized medical marijuana for 16 years. Check back with us soon as well will keep an eye on any new developments pertaining to the September 6th closures.