PLUM fumbles
September 29th, 2009 | by Don Duncan |Medical cannabis advocates left today’s Planning and Land Use Management (PLUM) Committee disappointed when, after more than two hours of comments and debate, the committee voted unanimously to approve a badly flawed ordinance prepared by the City Attorney’s office. Chairman Ed Reyes gave staff four pages of instructions amending the ordinance before sending it on to the Public Safety Committee. However, advocates argue that the amendments do not address the key issues that make the ordinance unworkable – the legal status of storefront collectives, sales of cannabis, and patient-cultivator privacy.
Like his predecessor, City Attorney Carmen Trutanich insists that sales of medical cannabis and storefront facilities that provide it to members of patients’ collectives and cooperatives are illegal. As a result of this faulty interpretation of law, the City Attorney’s staff developed a draft ordinance that seeks to regulate the collective cultivation of medical cannabis, instead of the storefront facilities from which medicine is provided. Trutanich’s position is in conflict with guidelines published by the California Attorney General last year and a growing body of case law.
This conflict over regulations in Los Angeles is explored in greater detail in a White Paper prepared by Americans for Safe Access (ASA) and the Greater Los Angeles Collective Alliance (GLACA). I will publish a more detailed analysis of the City Attorney’s draft ordinance when a draft incorporating today’s changes in available (probably next week).
The City Attorney’s intransigence on this issue may be due, in large part, to his fundamental opposition to medical cannabis in the city. ASA released documents today showing that Mr. Trutanich will be a headliner at a training luncheon for local law enforcement entitled “Eradicating Medical Cannabis Dispensaries in Los Angeles and Los Angeles County” on October 8. I reminded PLUM Committee members to consider the bias reflected by participation in an event like this when considering the City Attorney’s analysis of medical cannabis law. Is he working with the City Council to regulate safe access, or at cross-purposes to eradicate it?
Not all of the debate today was about the minutia of the Health and Safety Code and its interpretation in court. Councilmember Dennis Zine got some chuckles when he defended his recent radio comments, in which he referred to collective operators who are breaking the law as “greedy bastards.” He also surprised advocates by calling on the City Attorney’s office to call in the Drug Enforcement Administration to close recalcitrant collectives that refuse to close after the denial of their hardship application. This drew condemnation from Dege Coutee of the Patients Advocacy Network, and audible boos from the crowd.
Councilmember’s Zine’s suggestion is more likely to be the result frustration than an articulation of a new policy. He made his initial motion to study regulations in 2005. The issue has been before the Committee numerous times, usually with long and passionate debate. He and his colleagues are impatient for an ordinance – which may be why they are willing to move forward with a flawed policy, in lieu of more inertia. We can only hope Councilmembers bring fresh eyes and open minds to the coming debate in the Public Safety Committee and before the full City Council.
By Jim Bursch on Sep 30, 2009
I was at the PLUM meeting, but could not stay very long. It got started over 1/2 hour later than the scheduled time.
I’m amazed to hear that any decision was made by the committee. I think it was Councilman Reyes who said that he (or his staff) had just received the draft ordinance that morning and had not even had time to read it.
It’s true, making law is like making sausage — it’s pretty ugly in the sausage factory.
My perception is that this is an extraordinary time in the medical marijuana movement, but also a very dangerous time. Because the implementation of 215 is so chaotic here in L.A., there are tremendous opportunities for innovation and experimentation. It’s kind of a libertarian dream come true. But this situation is also ripe for backlash. For example, if dispensary-related crime (robberies and worse) gets out of hand, the reactionaries will use it to throw out the baby with the bathwater.
And let’s be honest, not all of our brothers and sisters in the movement are entirely motivated by compassion for sick people.
That’s another thing that worries me — a split within the movement between those who are interested in marijuana reform and those who are interested solely in safe access. It will be the profiteers who drive the wedge. Let’s hope it won’t be a stake in the heart.
By Mendel on Oct 1, 2009
Here is the sad fact about all of this, the government be it city, or the fed is not fighting a rational fight, and yet they have all the power. We the people have spoke on this matter and they’ve been dragging their feat from the start. They have so many reasons why selling cannabis is a problem for them. They say it causes security problems and a security hazard. What about every pharmacy in Los Angeles, what is the security hazard for this sort of business, the city should read what the Center for Disease Control has to say on the subject. http://www.cdc.gov/niosh/blog/nsb021709_pharm.html Another reason they have for keeping cannabis out of the hands of sick people is that it has no real medicinal use. I guess they never looked at US Patent 6630507. And here is the funny one to me they say that people are making money… Holy crap this is America from the day we are born our self worth is based on money. And their current thoughts on the “Problem” that people are making money will just drive cannabis back underground and help make Mexican Drug Cartels, and other organized criminal organizations make more money. To me the hypocrisy is overwhelming half the population of this city is addicted to some form of legal drug…Prozac, xanex, Paxil hell you name it. Getting prescriptions for many drugs, addictive, and life threatening if misused, is as easy as going in to your doctor and asking for it… You don’t need cancer to get xanex you just say you can’t sleep well. And how is the city going to fix this mess that they made by dragging their feet. The city has come up with an idea. That idea is that the police can go through all your records without a search warrant, a crack dealer now has better protection under the law. How does this solve any thing all it does is make the public worried about buying cannabis through legal means in fear that it may haunt them down the road, in matters such as a job, or getting insurance for example. It crazy the of Los Angeles has decided to toss out Fourth Amendment – Protection from unreasonable search and seizure, and U.S. Patients’ Bill of Rights which states medical decisions are made by a doctors “not politician”,that one can obtain the prescription drugs their doctor prescribes, and last but not least ,To be treated confidentially, with access to their records limited to those involved in their care or designated by the patient. So until politicians get onto the side of being rational, about all these matters Cannabis has little hope in hell for normalcy… Felix Drug Cartel the city of Los Angeles is about to send you some new business smile. You need rational debate to come up with solid laws, so that one can create a sense of order. I see none of that.
By sandy on Oct 2, 2009
I wish you folks would tell the whole story, about how Trutanich used the medical marijuana community to campaign against Jack Weiss who he alleged was tougher than he on this issue, then threw you all under the bus with no advance notice at last week’s city council meeting — though Jane Usher’s comments to a city-wide meeting of Neighborhood Councils a month ago indicated as much. Still, everyone was hopeful because they didn’t want to believe Trutanich would so brazenly lie to use people, including very sick people and their caregivers, just to gain elected office.
This cuts very much to the character of the man or lack of it, and needs to be exposed. Whether on the Controller issue where he flip-flopped after getting Laura Chick’s endorsement, on how he’d treat at-risk youth vs. gangbangers (e.g. his injunction written to ensnare youths for just “hanging” in their neighborhoods), he was betrayed people’s trust all down the line as a person and an official. That speaks very poorly for a man sitting on an arsenal of lawyers and authority – which he has already used in capricious ways to threaten to sue and ruin those who disagree with him.
Even if you dislike(d) Weiss, I for one respect that he was always honest and open about his views, which he gave a lot of thought to, and was never as radical as this. In any case, he had a close relationship with and trust of Chief Bratton and now, with him leaving, and in disagreement with the current members of public safety on LAPD issues, the city is in disarray all across the board on public safety.
I’m also concerned about what appears to be an unhealthy closeness between Trutanich and the DA’s office: the LATimes article even links the two of them on their views on this issue. In fact, Cooley handed over his long-time Chief Deputies Curt Livesay and Carter to run the City Attorney’s office, in essence, making it HIS city office by extension. Then with Zine as their mouthpiece on Council, you have the worst of a rightwing machine that flat-out lied about who Trutanich was and what he stood for to get into office, callously using people for his own/ the group’s political purposes. All while spouting phony pious religious hyperbole. People should be aware of the kind of person/ people they’ve got in this powerful job.
By Mad Dog on Oct 2, 2009
What excellent written and thoughtful comment section. I’m hanging out at this web site more often.
Thanks for US Patent 6630507. Good one to toss around.
By Victoria(Antelope Valley) on Oct 8, 2009
MONEY!!! POLITICS!!! LAW!!!
What the @#$% happened to the sick. Sorry for the emotions. I just feel that why should sick pepole go through so much just to have the freedom of choice.I was there too at the meeting after sitting in 2hours of traffic, it was my daughters 4th bithday and my lupus symptoms were not at its best. But yet I was there for the fight!!!!!!!!!! I did not even get a chance to speak, because I had to be at my local city council meeting and sit another two hours in traffic. Make that meeting and then later to celebrate my daughters birthday. Was it worth it? Well so far, I have been able to enjoy her four years with her. You see until the LAW, POLITICIANS, or PHARMECOLOGY. Is better written,structured, and managed. They all finally have cures for all the sick dying and aging.Maybe there will be some kind of compassion again. After all… Is that not what all this is about. COMPASSION!!!! So I will continue to fight. Thank you ASA.