From CA Law Blog
September 8th, 2010 | by Don Duncan |
Lloyd Pilchen, Esq.
New Litigation Will Challenge LA’s Flawed Medical Marijuana Regulations
From Llyod Pilchen on CALawBlog.com -
“Bewildered and angry describes the reactions of medical marijuana advocates and dispensary operators to the city’s eligibility list, released on August 25, 2010, indicating that only one in four dispensaries will be allowed to move forward in the approval process in the City of Los Angeles. The lopsided result raises profound questions about the city’s medical marijuana ordinance and its implementation, and is sure to multiply the many lawsuits against the city…”
Tags: California Law Blog, carmen trutanich, collectives, lawsuit, llyod pilchen, Los Angeles, medical cannabis
By Jal on Sep 14, 2010
Legalization of marijuana is one issue. However, the Pandora’s Box is litigation regarding transfer/permeation of 2nd hand marijuana smoke & odor within multi-dwelling units (apartments/condos). Cases are already cases popping up of Landlords being sued by non-smoking tenants, and similar cases to smoking in Condos.
For 3+ years I’ve dealt with a downstairs neighbor who smokes both cigarettes & marijuana constantly. They have a Medicinal Card. I awake at odd hours breathing the smoke & odor coming through the walls. Several experts, who specialize in this, issued reports confirming the permeation of smoke/odor into my unit via the walls.
Our condo associations has done much to mediate this. The smoker’s counsel claims they are a protected class due to the Medicinal Marijuana. Well, as one in Law Enforcement & Civil Litigation, The Feds do not recognize Medicinal Marijuana, nor does Fed SSI (which he receives). However, I, with Heart Disease am a protected class under the Fed Fair Housing Act.
In June of 09, CA put 2nd hand pot smoke on the Prop 65 list as a carcinogen, just like cigarettes. In short, if pot is legalized, it will be subject to all the same anti-smoking laws in municipalities now.
In all the cases we’ve reviewed with regard to permeation, the anti-smoker has prevailed, and I expect to in this case as I’ve now filed a compliant with HUD & the Feds.
The sad part is I understand some folks need for marijuana, though there isn’t a study that conveys smoking is any better than using a nebulizer or inhaler; and I’ve read them all from UCSF to John Hopkins. As I said, I get the plight, but what bothers me more is those dispensaries & advocates fighting for passage, aren’t looking at the Pandora’s box, and unless this issue is addressed, litigation will be amuck.