Wednesday, June 10th, 2009
The Los Angeles City Council quickly denied fourteen hardship applications today for medical cannabis collectives that opened or relocated since the city adopted a moratorium on new facilities in September of 2007. Observers expected a hard line from Councilmembers, who have come under increasing pressure from neighborhood groups and media in light of the proliferation and clustering of new collectives under the moratorium.
I joined five Councilmembers at a press conference before the meeting, where they reiterated their commitment to protecting safe access and enforcing local law. Councilmembers Zine, Hahn, Huizar, Reyes, and Garcetti all answered pointed questions from media and promised an aggressive response to the neighborhood concerns. Councilmember Zine also acknowledged the work of Americans for Safe Access (ASA) by name, thanking them for diligent work in promoting sensible regulations.
The City Council later approved a motion by Councilmember Huizar to remove the controversial hardship provision, and surprised advocates by extending the city’s moratorium on new facilities for another six months. The provisions will take effect when the City Council votes on a new ordinance next week. Councilmember Huizar said that staff needs more time to craft permanent regulations. City staff reassured concerned advocates that the extension was legal – despite the fact that it exceeds the usual two-year limit for urgency ordinances.
Observers were surprised to hear strong words of support for medical cannabis and cannabis law reform from Councilmember Alarcon, who has so far been silent on the topic. Councilmembers Zine, Rosendahl, Huizar, Reyes, LaBonge, and Hahn also rose in vigorous support of medical cannabis – and all worried aloud about abuse of the system. Councilmember-elect Paul Koretz will replace outgoing Councilmember Weiss, an opponent of safe access, as a solid pro-access vote in July. The growing cadre of medical cannabis supporters on the City Council means sensible regulations are almost certain to be adopted (when they are finally finished). Only Councilmembers Smith and Parks rose today to oppose the Council’s pro-medical cannabis agenda.
Hardship applicants would fare no better in hearings before the Planning and Land Use Management (PLUM) Committee later this afternoon. The committee denied one application after cursory testimony. Chairman Reyes continued a second hearing so that Councilmember Rosendahl’s office could confirm the applicant’s claim that the collective was not already open, and therefore, not in violation of the moratorium.
Today’s press conference and 15-0 scorecard make it clear that the City Council and PLUM Committee sent a message to hundreds of hardship applicants awaiting hearings. The rapid proliferation and anecdotal reports of bad behavior have generated a backlash against which applicants must fight. For most, the outcome is likely to be bad. This is especially unfortunate for the unknown number of collectives that registered with the City Clerk before the moratorium, but later relocated as a result of federal intimidation.
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Saturday, June 6th, 2009
The Los Angeles City Council will take up fourteen hardship applications for medical cannabis collectives in Eagle Rock and Highland Park on Tuesday morning. These are the first of approximately five hundred hardship applications filed for medical cannabis facilities that opened or relocated after the City Council adopted a moratorium on new collectives on September 14, 2007. Increasing pressure from neighborhood groups and bad media coverage have embarrassed the City Council in recent weeks, and observers expect all or most of the applications will be denied. The City Council will also vote on a motion by Councilmember Huizar to remove the hardship provision from the city’s moratorium. If approved, the motion will prevent any new hardship applications.
Later on Tuesday, the Planning and Land Use Management (PLUM) Committee will discuss permanent regulations, which the City Council plans to adopt before the moratorium expires September. Medical cannabis advocates joined City Councilmember Dennis Zine earlier this year in rejecting a draft ordinance prepared by outgoing City Attorney Rocky Delgadillo. That misguided measure regarded collectives as illegal and would have forced every facility in Los Angeles to close. The PLUM Committee is expected to send recommendations for improved regulations to the full City Council on Tuesday. The Council will then forward the recommendations, including any amendments, to the City Attorney’s office with instructions to write a new ordinance.
An alphabet soup of advocacy organizations has been working with Councilmembers and city staff for over a year to craft the permanent regulations – Americans for Safe Access (ASA), Greater Los Angeles Collective Alliance (GLACA), Patients Advocacy Network (PAN). These groups join other local players, including patients, law enforcement, and neighborhood groups. The final phase of writing the ordinance will be controversial, as various interests compete to shape the next draft. Expect differing strategies and priorities.
There is likely to be something in the draft ordinance to which every stakeholder objects. Ultimately, every measure must be evaluated based on its benefit or harm to legal patients. It will be even more important now that every medical cannabis supporter in Los Angeles stay plugged in and let Councilmembers know which provisions help facilitate access to medicine – and which will roll back patients’ rights.
The City Council meets at 10:00 AM on Tuesday, June 9, in Room 340, City Hall, 200 North Spring Street in downtown Los Angeles. Arrive early to complete a public speaker’s card. The PLUM Committee meets at 2:00 PM just across the rotunda in Room 350.
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Saturday, May 30th, 2009
Update June 2 – The PLUM Committee approved Councilmember Huizar’s motion this afternoon. It will be considered by the full City Council on Friday.
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The Planning and Land Use Management (PLUM) Committee will consider a motion by Los Angeles City Councilmember Jose Huizar on Tuesday that would remove the controversial hardship provision from the city’s Interim Control Ordinance (ICO) establishing a moratorium on new medical cannabis facilities. Hundreds of new and relocating patients’ associations have filed hardship applications and opened since the City Council adopted the ICO in September 2007. According to the Frequently Asked Questions (FAQ) published recently by the Planning Department, applicants should have waited for approval of their hardship applications before opening. However, inconsistent information from city staff and a lack of enforcement contributed to hundreds of new collectives opening in the last eighteen months.
Councilmember Huizar’s motion is aimed at stopping the proliferation of new medical cannabis providers in light of a growing public backlash. Media, neighborhood groups, and law enforcement are speaking out against the continued proliferation citywide and the clustering of facilities in some neighborhoods. The public outcry comes at an inconvenient time for patients and advocates. The City Council is debating the terms of a permanent ordinance for medical cannabis associations in Los Angeles right now. The growing controversy is likely to influence that debate and the contents of the final regulations.
The PLUM Committee is likely to recommend that the full City Council approve the motion and amend the ICO. No additional hardship applications will be available if the City Council approves the measure at a future meeting. Councilmember Huizar’s motion will not directly impact hundreds of hardship applications already filed. These must still be heard separately by the PLUM Committee, before going to the City Council for final approval or denial. No date has been set to hear the hardship applications at this time.
The PLUM Committee meets at 2:00 PM on Tuesday, June 2, in Hearing Room 350 at City Hall – 200 N. Spring St. at Temple in downtown Los Angeles.
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Tuesday, April 21st, 2009
Council Members Zine and Reyes with ASA and GLACA representatives
City Councilmembers Dennis Zine and Ed Reyes visited Purelife Alternative, a medical cannabis dispensing collective in Los Angeles, on April 20 as part of the city’s ongoing effort to adopt an ordinance regulating facilities in that city. Medical cannabis advocates hope the visit will help the Councilmembers and city staff craft sensible regulations for collectives in the city before a moratorium on new facilities expires on September 14.
The visit is a strategic victory for medical cannabis advocates in Los Angeles. The Councilmembers’ first hand look at the operations of a legal collective served to dispel many preconceptions and clearly demonstrate how access to medicine can be safe and orderly. Representatives from Americans for Safe Access (ASA) and the Greater Los Angeles Caregivers Alliance (GLACA) talked with the Councilmembers and city staff about preventing diversion, verifying members, security, and quality control.
Councilmember Reyes is the Chairman of the Planning and Land Use Management Committee (PLUM), which heard testimony critical of a draft ordinance prepared by the City Attorney’s office in February. The City Attorney’s draft ordinance treats all sales of medical cannabis as illegal and would require storefront collectives in Los Angeles to close. Advocates have joined Councilmember Zine in rejecting the City Attorney’s ordinance and calling on the PLUM committee to request a new version incorporating input from the city’s defunct medical cannabis working group.
Progress on adopting a permanent ordinance has been slow in Los Angeles, but there is growing pressure from neighborhood groups to stop the proliferation of new facilities in the city. More than 200 new collectives have opened in Los Angeles since the city adopted an Interim Control Ordinance establishing a moratorium on new locations in 2007. Advocates hope the City Council visit will serve to expedite the permanent ordinance, because research shows that regulating collectives reduces crime and complaints in neighborhoods.
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Tuesday, March 24th, 2009
Angelinos are concerned about the growing number of medical cannabis collectives opening in the city lately, despite the eighteen-month old moratorium on new facilities. Concern is greatest in those neighborhoods where storefront collectives are clustering. In an op-ed published today, the LA Daily News says North Hollywood has “more than its fair share of dispensaries;” and neighborhood activists in the Melrose-Fairfax area are actively lobbying the City Attorney and City Council to close facilities that opened after Councilmembers adopted a moratorium on new storefronts in August 2007. The proliferation of new facilities has escalated since US Attorney General Holder made comments on February 25 and March 18 indicating federal policy opposing medical cannabis may be changing, giving many would-be collective operators what is likely a false sense of security.
The medical cannabis community in Los Angeles would do well to take notice of this growing backlash, and vocally support implementation and enforcement of local ordinances. Community complaints may undermine the goodwill that led Coucilmembers to opt for regulations, instead of a ban on facilities; and to endorse the Hinchey- Rohrabacher amendment in the US House of Representatives and support a California Senate Joint Resolution calling for an end to federal interference in state medical cannabis programs.
The moratorium adopted in 2007 contains a boiler late hardship exemption, which allows collectives and cooperatives to ask the City Council for an exemption from the terms of the ordinance. The City Council intended that this provision be used by those facilities that registered by the original deadline of November 12, 2007, but subsequently relocated for reasons beyond their control. Some of the original collectives made legitimate use of this provision, after their landlords were intimidated into evicting the collectives by the Drug Enforcement Administration.
Other collectives are using the hardship application as a free pass to open new collectives in defiance of the moratorium. Inconsistent information from city staff and opportunistic legal advice fuel this trend. Over 200 collectives have filed hardship applications since the effective date ordinance. This unchecked proliferation of new storefronts leads to ambivalence towards medical cannabis in Los Angeles. If left unchecked, the growing neighborhood opposition could reverse our progress and result in onerous regulations for every collective in Los Angeles – or renewed calls for an outright ban. At the City Council meeting in Van Nuys on March 6, 2009, Councilmember Dennis Zine, a champion of regulations for collectives, promised the city would start reviewing hardship applications and closing illegitimate collectives.
Medical cannabis patients and providers should stand in solidarity calling for enforcement of the existing moratorium, and ask the City Council to move quickly in processing the hardship applications. We must also keep pressure on Councilmembers and city staff to craft sensible permanent regulations for storefronts in Los Angeles. Research and experience shows this reduces crime and neighborhood complaints, making patients and collectives safer in the long run.
Get more information about the Los Angeles moratorium from Americans For Safe Access (ASA).
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