CC - Item 2A - Medical Marijuana Dispensary OrdinanceROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: ANDREW C. LAZZARETTO, CITY MANAGER u L141too
` Nolu
Ew t:rto
DATE: FEBRUARY 27, 2007
SUBJECT: EXTENSION OF MEDICAL MARIJUANA DISPENSARY MORATORIUM
ORDINANCE
SUMMARY
On January 23, 2007, the City Council adopted Ordinance 849, an interim urgency ordinance
establishing a temporary moratorium on the establishment and operation of medical) marijuana
dispensaries in Rosemead for a forty-five (45) day period. That temporary moratorium will end
on March 9, 2007.
During the past month, staff has begun analyzing this issue in greater detail by researching
recent articles on the subject and conferring with other jurisdictions and agencies. Based on
these initial findings, an extension of the moratorium on medical marijuana dispensaries is
needed to fully explore and understand all of the policy ramifications related to the is ue.
Staff Recommendation
Staff recommends that the City Council take the following action:
1) Issue this report as the written document which describes the measures taken to alleviate,
the condition which led to the adoption of the urgency ordinance.
2) Adopt Ordinance 850 (Attachment A), which would extend Ordinance 849, by placing a
moratorium on the establishment and operation of medical marijuana dispensaries in
Rosemead pending further study of the potential impacts that such facilities could have
on public health, safety, and welfare.
3) Direct staff to bring back for Council consideration a zoning ordinance amendment
which would regulate the establishment and operation of a medical imarijuana
dispensary in Rosemead within the next ten months, fifteen days, as mandated by state
law which governs the issuance of any moratorium.
ANALYSIS
Over the past several months, the City has received several inquires from individuals
interested in establishing a medical marijuana dispensary in Rosemead. Currently, the
Rosemead Municipal Code does not specifically address or regulate the existence or location
of medical marijuana dispensaries. This means that any individual wishing to iopen and
APPROVED FOR CITY COUNCIL AGENDA*
City Council Report
February 27, 2007
Pace 2 of 2
operate such a business could legitimately do so in the community without any restrictions.
In order for the City to further study the potential impact that a medical marijuana dispensary
may have on the community, and to further explore the potential conflict between federal and
State law as it relates to the possession and use of marijuana, staff is recommending that the
City Council adopt Ordinance 850, extending urgency Ordinance No. 849, for a period of ten
months, fifteen days.
The extension of this moratorium will allow staff the time needed to continue tol study the
impacts that such a facility would have on the community and determine an appropriate listing
of alternatives for the City Council to consider which could range from tighter regulations to an
outright ban on dispensaries within the City. Comprehensive research into the issue will help
l.
to ensure that public health, safety, and welfare is being protected at a high standard
I
PUBLIC NOTICE PROCESS
This item was noticed as a public hearing pursuant to Govt. Code § 65090.
Submitted by:
Brad Johnson
Planning Services Administrator
Attachment A: Ordinance 850
Attachment 3: January 23, 2007 staff report
• • II
I
ATTACIHMENT A
ORDINANCE NO. 850
AN ORDINANCE OF THE CITY OF ROSEMEAD,
CALIFORNIA, MAKING FINDINGS AND EXTENDING A
TEMPORARY MORATORIUM ON THE ESTABLISHMENT
AND OPERATION OF MEDICAL MARIJUANA
DISPENSARIES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings
A. In 1996, the voters of the State of California approved Proposition 215,
which was codified as Health and Safety Code Section 11362.5, et seq., and entitled
the Compassionate Use Act of 1996 ("the Act'); and
B. The intent of Proposition 215 was to enable persons who are in need of
medical marijuana for medical purposes to obtain and use it under limited, specified
circumstances; and
C. In 2003 the Legislature enacted Health and Safety Code sectiJ 11362.7
et seq., entitled "Medical Marijuana Program" (hereinafter "the Program") requiring the
State Department of Health Services to establish a program for the issuance of
identification cards to qualified patients and to establish protocols to be used by
counties to process applications for and issue identification cards; and
D. The State Department of Health Services has not enacted regulations
establishing the Program; and
E. Some argue that the Use Act and the Program imply that local agencies
may allow medical marijuana dispensaries to be established, despite the possibility that
dispensing marijuana at such businesses may violated federal law; and
F. At least one recent court has indicated that the Program allows patients
and primary caregivers to collectively or cooperatively cultivate marijuana fort medical
purposes; and
G. The Rosemead Municipal Code, including the Rosemead Zoning Map,
does not specifically address or regulate the existence or location of medical marijuana
dispensaries; and
H. After receiving inquiries from persons interested in establishing
marijuana dispensaries, numerous other cities in the State of California have
ordinances prohibiting or heavily regulating such dispensaries; and
medical
adopted
1. Because a significant number of cities have prohibited or heavily regulated
medical marijuana dispensaries, there is a substantially increased likelihood that such
establishments will seek to locate in the City of Rosemead which currently does not
have any regulations; and l
J. A medical marijuana dispensary is currently seeking to locate to tie City of
Rosemead; and
K. Reports from. jurisdictions with medical marijuana dispensariesl indicate
that such businesses have deleterious secondary effects such as: public smoking of
marijuana around the facility; marijuana related DUls by people who have obtained
marijuana from the facilities; robbery and burglary attempts; negative impacts on
neighboring businesses; unethical doctors who will authorize the use of marijuana for a
fee; and attraction of a criminal element; and
L. In June 2005, the United States Supreme Court held that the federal
Controlled Substances Act, which prohibits the possession of marijuana for 'personal
use may be enforced despite the Act; and
M. To address the community and statewide concerns regarding the
establishment of medical marijuana dispensaries, because the state has) not yet
adopted regulations for the Program, it is necessary for the City of Rosemeadl to study
the potential impacts such facilities may have on the public health, safety, and welfare
and the potential conflict between federal and State law; and j
N. Based on the foregoing, the City Council finds that issuing permits,
business licenses, or other applicable entitlements providing for the establishment
and/or operation of medical marijuana dispensaries, prior to, (1) the City's completion of
its study of the potential impact of such facilities; and (2) resolving any zoning) conflicts
based on the fact that no zoning currently exists in the City for such dispensaries, would
pose a current and immediate threat to the public health, safety, and welfare, and that a
temporary moratorium on the issuance of such permits, licenses, and entitleIments is
thus necessary. I
0. Based on the foregoing on January 23, 2007 the City Council] adopted
Ordinance 849 establishing a forty-five (45) day moratorium on the establishment and
operation of medical marijuana dispensaries and said urgency moratorium will expire on
March 9, 2007.
I
• •
SECTION 2. Imposition of Moratorium
A. In accordance with the authority granted to the City of Rosemead under
Government Code Section 65858, from and after the date of this ordinance, no use
permit, variance, building permit, business license, or other applicable entitlement for
use shall be approved or issued for the establishment or operation of al medical
marijuana dispensary and no such facility shall operate within the City of Rosemead.
B. For purposes of this ordinance, the term "medical marijuana dispensary"
shall mean any site, facility, location, use, cooperative, or business that distributes,
dispenses, stores, sells, exchanges, processes, delivers, gives away, or cultivates,
marijuana for medical purposes to qualified patients, health care providers, patients'
primary caregivers, or physicians, pursuant to Health and Safety Code ection 111362.5,
Health and Safety Code section 11362.7 et seq., or any state regulations, programs or
protocols adopted in furtherance thereof.
C. For purposes of this ordinance, a medical marijuana dispensary !shall not
include the following uses, as long as the location of such uses is otherwise regulated
by applicable law and as long as such use complies strictly with applicable law,
including, but not limited to, Health and Safety Code Section 11362.5 et se q.: (1) a
clinic, licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; (2) a
health care facility, licensed pursuant to Chapter 2 of Division 2 of the Health and Safety
Code; (3) a residential care facility for persons with chronic life-threatening illness,
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; (4) a
residential care facility for the elderly, licensed pursuant to Chapter 3.2 of Division 2 of
the Health and Safety Code; or (5) a residential hospice or home health agency,
licensed pursuant to Chapter 8 of the Health and Safety Code.
D. This ordinance is adopted pursuant to the authority granted to thIe City of
Rosemead by Government Code Section 65858, and is for the immediate preservation
of the public health, safety, and welfare. The facts constituting the urgency are
articulated in Section 1 above.
SECTION 3. Compliance with California Environmental Quality Act
i
The City Council finds that this ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as identified in Section 15378) of tfie CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly; it
prevents changes in the environment pending the completion of the contemplated
municipal code review.
• •
SECTION 4. Severability
If any section, subsection, sentence, clause, phrase, or word of this ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction or preempted by state legislation, such decision or legislation
shall not affect the validity of the remaining portions of this ordinance. The City Council
of the City of Rosemead hereby declares that it would have passed this ordinance and
each and every section, subsection, sentence, clause,.or phrase not declared 'invalid or
unconstitutional without regard to any such decision or preemptive legislation. I
SECTION 5. Effective Date
This ordinance shall become effective upon adoption if adopted by at least a
four-fifths (4/5) vote of the City Council and shall be in effect for ten (10) months, fifteen
(15) days from March 9, 2007 unless a new ordinance is adopted before this expiration
date by the Council regulating such uses as provided for in the Government Code.
SECTION 6. State Law
This interim ordinance shall in no way limit the right to possess, use, ori cultivate
marijuana for medicinal purposes as is presently authorized by the laws of the State of
California as set forth in the Health and Safety Code. I
SECTION 7. Federal Law
Medical marijuana users in California may be subject to federal
under existing federal law.
SECTION 8. Publication
The City Clerk shall certify to the passage and adoption of this ordinance and
shall cause the same to be published in accordance with law.
I
• •
PASSED, APPROVED, AND ADOPTED at this 27th day of Feburary 2007 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor, City of Rosemead
ATTEST:
City Clerk, City of Rosemead
(TAB HM Al ET B
E M F
s
9 ° ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: ANDREW C. LAZZARETTO, CITY MANAGERAw-le.- `anmav 94-
DATE: JANUARY 23, 2007
SUBJECT: MEDICAL MARIJUANA DISPENSARIES MORATORIUM ORDINANCE
SUMMARY
In 1996, California voters approved Proposition 215, the Compassionate Use Act of 1996,
which allowed those who could demonstrate a medical need the legal authority tolobtain and
use marijuana. Later, in 2003, the California State Legislature enacted the Medical Marijuana
Program which required the State Department of Health Services to establish an
administrative procedure for the issuance of identification cards to qualified patients for the
distribution of marijuana. Later, in 2005, the United States Supreme Court held that the
federal Controlled Substances Act prohibits any person from possessing or using marijuana,
creating what appears to be a conflict between federal and State law.
In many communities throughout the State of California, individuals have opened and now
operate medical marijuana dispensaries. Currently, the Rosemead Municipal Code does not
prohibit or limit the establishment of a medical marijuana dispensary in the community. In
order to address community concerns regarding the establishment of such facilities, it is
prudent for the City to further study the potential impacts that such businesses may have on
public health, safety, and welfare, in addition to the potential conflict between federalI and State
law.
Staff Recommendation
Staff recommends that the City Council adopt Ordinance 849, an interim urgency ordinance
which would place a temporary moratorium on the establishment and operation) of medical
marijuana dispensaries in Rosemead pending further study of the potential impacts that such
facilities could have on public health, safety, and welfare, and to address the potential conflict
between federal and state law as it relates to the possession and use of marijuana for
medicinal purposes.
ANALYSIS
Following the approval of Proposition 215 and the establishment of the Medical Marijuana
Program in California, the United States Supreme Court in 2005 ruled that the federal
Controlled Substances Act does prohibit any person from the possession of marijuana for
personal use, despite the action having been taken in our State. While the legal community is
not in complete agreement on the issue, it is apparent that there is a conflict between existing
State and federal law as it relates to this issue.
APPROVED FOR CITY COUNCIL AGENDA:
City Council Report
January 27, 2007
Pace 2 of 2
Over the past several months, the City has received several inquires from individuals
interested in establishing a medical marijuana dispensary in Rosemead. Currently, the
Rosemead Municipal Code does not specifically address or regulate the existence or location
of medical marijuana dispensaries. This means that any individual wishing to open and
operate such a business could legitimately do so in the community without any restrictions.
In order for the City to further study the potential impact that a medical marijuana dispensary
may have on the community, and to further explore the potential conflict between federal and
State law as it relates to the possession and use of marijuana, staff is recommending that the
City Council adopt Ordinance 849, establishing a temporary moratorium of the issuance of
permits, licenses, and entitlements for any operator wishing to open a medical marijuana
dispensary in Rosemead.
Submitted by:
Oliver Chi
Deputy City Manager
Attachment A: Ordinance 849
ATTACHMENT A
ORDINANCE NO. 849
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
ROSEMEAD, CALIFORNIA, MAKING FINDINGS AND
ESTABLISHING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT AND OPERATION OF MEDICAL
MARIJUANA DISPENSARIES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings
A. In 1996, the voters of the State of California approved Proposition 215,
which was codified as Health and Safety Code Section 11362.5, et seq., and entitled
the Compassionate Use Act of 1996 ("the Act'); and
B. The intent of Proposition 215 was to enable persons who are in need of
medical marijuana for medical purposes to obtain and use it under limited, specified
circumstances: and
C. In 2003 the Legislature enacted Health and Safety Code section 11362.7
et seq., entitled "Medical Marijuana Program" (hereinafter "the Program") requiring the
State Department of Health Services to establish a program for the issuance of
identification cards to qualified patients and to establish protocols to be used by
counties to process applications for and issue identification cards; and
D. The State Department of Health Services has not enacted regulations
establishing the Program; and
E. Some argue that the Use Act and the Program imply that local agencies
may allow medical marijuana dispensaries to be established, despite the possibility that
dispensing marijuana at such businesses may violated federal law; and
F. At least one recent court has indicated that the Program allows patients
and primary caregivers to collectively or cooperatively cultivate marijuana for medical
purposes; and
G. The Rosemead Municipal Code, including the Rosemead Zoning Map,
does not specifically address or regulate the existence or location.of medical marijuana
dispensaries; and
•
H. After receiving inquiries from persons interested in establishing medical
marijuana dispensaries, numerous other cities in the State of California have adopted
ordinances prohibiting or heavily regulating such dispensaries; and
1. Because a significant number of cities have prohibited or heavily regulated
medical marijuana dispensaries, there is a substantially increased likelihood that such
establishments will seek to locate in the City of Rosemead which currently does not
have any regulations; and
J. A medical marijuana dispensary is currently seeking to locate to the City of
Rosemead; and
K. Reports from jurisdictions with medical marijuana dispensaries indicate
that such businesses have deleterious secondary effects such as: public smoking of
marijuana around the facility; marijuana related DUls by people who have obtained
marijuana from the facilities; robbery and burglary attempts; negative impacts on
neighboring businesses; unethical doctors who will authorize the use of marijuana for a
fee; and attraction of a criminal element; and
L. In June 2005, the United States Supreme Court held that the federal
Controlled Substances Act, which prohibits the possession of marijuana for personal
use may be enforced despite the Act; and
M. To address the community and statewide concerns regarding the
establishment of medical marijuana dispensaries, because the state has not yet
adopted regulations for the Program, it is necessary for the City of Rosemead to study
the potential impacts such facilities may have on the public health, safety, and welfare
and the potential conflict between federal and State law; and
N. Based on the foregoing, the City Council finds that issuing permits,
business licenses, or other applicable entitlements providing for the establishment
and/or operation of medical marijuana dispensaries, prior to, (1) the City's completion of
its study of the potential impact of such facilities; and (2) resolving any zoning conflicts
based on the fact that no zoning currently exists in the City for such dispensaries, would
pose a current and immediate threat to the public health, safety, and welfare, and that a
temporary moratorium on the issuance of such permits, licenses, and entitlements is
thus necessary.
SECTION 2. Imposition of Moratorium
A. In accordance with the authority granted to the City of Rosemead under
Government Code Section 65858, from and after the date of this ordinance, no use
permit, variance, building permit, business license, or other applicable entitlement for
use shall be approved or issued for the establishment or operation of a medical
marijuana dispensary and no such facility shall operate within the City of Rosemead.
B. For purposes of this ordinance, the term "medical marijuana dispensary"
shall mean any site, facility, location, use, cooperative, or business that distributes,
dispenses, stores, sells, exchanges, processes, delivers, gives away, or cultivates,
marijuana for medical purposes to qualified patients, health care providers, patients'
primary caregivers, or physicians, pursuant to Health and Safety Code ection 11362.5,
Health and Safety Code section 11362.7 et seq., or any state regulations, programs or
protocols adopted in furtherance thereof.
C. For purposes of this ordinance, a medical marijuana dispensary shall not
include the following uses, as long as the location of such uses is otherwise regulated
by applicable law and as long as such use complies strictly with applicable law,
including, but not limited to, Health and Safety Code Section 11362.5 et seq.: (1) a
clinic, licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; (2) a
health care facility, licensed pursuant to Chapter 2 of Division 2 of the Health and Safety
Code; (3) a residential care facility for persons with chronic life-threatening illness,
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; (4) a
residential care facility for the elderly, licensed pursuant to Chapter 3.2 of Division 2 of
the Health and Safety Code; or (5) a residential hospice or home health agency,
licensed pursuant to Chapter 8 of the Health and Safety Code.
D. This ordinance is an interim urgency ordinance adopted pursuant to the
authority granted to the City of Rosemead by Government Code Section 65858, and is
for the immediate preservation of the public health, safety, and welfare. The facts
constituting the urgency are articulated in Section 1 above.
SECTION 3. Compliance with California Environmental Quality Act
The City Council finds that this ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as identified in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly; it
prevents changes in the environment pending the completion of the contemplated
municipal code review.
SECTION 4. Severability
If any section, subsection, sentence, clause, phrase, or word of this ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction or preempted by state legislation, such decision or legislation
shall not affect the validity of the remaining portions of this ordinance. The City Council
of the City of Rosemead hereby declares that it would have passed this ordinance and
each and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to any such decision or preemptive legislation.
SECTION 5. Effective Date
This ordinance shall become effective immediately upon adoption if adopted by
at least a four-fifths (4/5) vote of the City Council and shall be in effect for forty-five (45)
days from the date of adoption unless extended by the City Council as provided for in
the Government Code.
SECTION 6. State Law
This interim ordinance shall in no way limit the right to possess, use, or cultivate
marijuana for medicinal purposes as is presently authorized by the laws of the State of
California as set forth in the Health and Safety Code.
SECTION 7. Federal Law
Medical marijuana users in California may be subject to federal prosecution
under existing federal law.
SECTION 8. Publication
The City Clerk shall certify to the passage and adoption of this ordinance and
shall cause the same to be published in accordance with law.
PASSED, APPROVED, AND ADOPTED at this 23rd day of January 2007 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor, City of Rosemead
ATTEST:
City Clerk, City of Rosemead
sc • • Thursday, January 13,
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E V I D E N C E: Agents load a car with bores of material from the Farmacy, drawing protests and attention from amateur filmmakers.
Officers took large quantities ofmarijuana-laced edibles that included ice cream bars, lollipops, cookies, candies and candy bars.
PEA raids a15°ija~~~ ~~~ts'
Agents seize drugs, guns
and cash, prompting W.
Hollywood protests.
Twenty are detained,
but no charges are filed.
By TAMI AHDOLLAH
Times Staff Writer
Federal agents Wednesday
raided 11 medical marijuana out-
lets in Los Angeles County, seiz-
ing several thousand pounds of
processed drug, hundreds of
marijuana plants, an array of
guns and bagfuls of cash.
The simultaneous raids, part
of an ongoing investigation by
the U.S. Drug Enforcement Ad-
ministration, were the largest
such operation in the county in
recent memory. Five dispensa-
ries in West Hollywood were
raided with the other six in Ven-
ice, Hollywood, Sherman Oaks
and Woodland Hills.
The action by federal agents
angered some local officials and
was taken despite a state law
permitting possession and cu ti-
vation of marijuana for qualified
medical patients.
Officials said that more than
20 people were detained for
questioning but no charges have
been filed. Authorities would not
release information about any
other people possibly detained
at the dispensaries.
Sarah Pullen, spokeswoman
for the. DEA's Los Angeles field
division, said agents seized large
quantities of marijuana-laced
edibles that included "anything
from ice cream bars to lollipops
to cookies to candies and candy
bars."
In West Hollywood, agents in
bulletproof vests, sunglasses,
gloves and face masks piled out
of the stores -four of which were
on Santa Monica' Boulevard -
with boxes and black trash bags
full of seized evidence while pro-
testers booed and shouted,
"State's rights!" and "DEA go
away!" among other slogans.
At the Farmacy, agents
loaded three cars with bags as
amateur documentary filmmak-
ers and medical marijuana users
pushed against police tape. The
raid and protest clogged traffic.
and motorists honked their
horns to show support for the
demonstrators.
In all, Pullen said, agents
seized well over 100 boxes of evi-
dence and continued their work
past 10 p.m.
West Hollywood officials said
they were taken by surprise, only
learning of the raids as they oc-
curred. West Hollywood has a
"long-standing commitment" to
the use of medical marijuana for
[See DEA, Page 135 ]
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LOS ANGELES TIMES ~ SG THURSDAY, JANUARY 18, 2007 B5
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Pnawgrepns ey Wwttr san~1/ Lo,A".Ea.-
P O LI C E TA P E: Agents gather evidence. "We've been fighting to support the access ofinedicin-I mo rii-en¢ for many, many years no
there's just a great disconnect between the federal government and communities like West Hollywood,"Councilman Jeffrey Prang said.
Agents maid marijuana outlets
IDEA, from Page III I
people with such catastrophic ill-
nesses as Hp) and AIDS, city
spokeswoman Helen Goss said.
"We've been fighting W sup-
port the aceess of medicinal
mmijuana for many, many years
and there's just a great discon-
nect between the federal govern-
ment and Communities like West
Hollywood," Councilman Jeffrey
Prang said. "Medicinal maxi.
juana provides Comfort and relief
to people who are seriously ill
and seemingly they view those
people as drug addicts who be-
long in jail as opposed W people
who deserve compassion and as-
sistance."
The West Hollywood sheriffs
station was notified of the bu-
pending raids about 1:30 p.m.,
one hour before they began, Los
Angeles County, Sheriffs LL Da-
vid Smith said. Deputies moved
in to help control about 50 pro-
testers who gathered in the 7800
block of Santa Alonica Soule
vard near three of the stares.
CaliforNa voters approved
Proposition 215, the Campos
sionate Use Act, in 1990, which
made marijuana available by
prescription for medicinal uses.
SE?20, which took effect hl 2009,
Clarified Proposition 215, and
taken together legalized posses.
sion and cultivation of mmijuana
for qualified medical patients.
According to Pullen, neigh-
hoping businesses and residents
had Complained about a signifi-
cant number of the dispensaries,
and there had been increased re.
ports of crime in the areas
IN Cll STODY: DEA ngents arrest nsecurity guard outside Ure
Farmney on Santa Monica Boulevard.
around the outlets.
should handle it,' she said. "We
"Anyone or possession, selling
have no need for the federal gov-
or distributing marijuana is in
ernment to come and interfere."
violation of federal law and sub-
The group planned a protest
ject is prosecution," she said.
at 830 a.m. today in front of Nest
"There are hundreds of thou-
Hollywood City Hall, Sharer
sands of patients to California
said.
who need safe and reliable access
The raids came on the heels of
to a medication that their due-
separate actions taken Tuesday
fors recommend they use and
by the West Hollywood City
these raids are an example ofthe
Council and the Los Angeles PO
federal government going out of
bee Commission.
its way to interfere with the lives
The council Tuesday unarai-
of patients." decorated Steph
piously approved an ordinance
Sharer, founder ofAmerlcans for
establishing permanent regain-
Safe Access, a national advocacy
Lions on medicinal marijuana
group for medical marijuana use,
dispensaries, capping the num-
based in Oakland.
ber in the City at four.
"I think if California has a
The Police Commission,
problem with our low, that our
.meanwhile, voted to support a
worts and our law enforcement
-moratorium on new marijuana
dispensaries in Los Angeles and
for tougher regulations of exist-
ing enterprises. Los Angeles Pa,
bee Chief William J. Emotion
pledged to work with federal au-
thorities to prosecute businesses
found to be violating the law.
Richard Eastman, a pro
medical marijuana activist who
said he was diagnosed with
AIDS in 1995, said he was bond.
Led by the raids. Some of the
pills he takes w fight his illness,
Eastman said, "take away my ap-
petite, but the marijuana keeps
me eating."
As a result of the raids, East-
man estimated that perhaps
2,000 people who ordinarily
would buy marijuana for medical
purposes "won't be able to get.
their medicine tomorrow, And
its not Wae they can go to Sae-On
or Thrifty."
The owner of one of the
raided dispensaries said
Wednesday that she was sad-
dened that people will not be
able to have the freedom of
Choice to use medical mariuana
"We abide by state and local
ordinances, and state laws, M
providing a service W Patients
because they have the legal right
by state Legislature to be able to
make the choice of having medi-
cal marijuana as their choice of
therapy," the dispensary owner
said, speaking on condition of
anonvmity.
tam i. abdollahC,•iat f mes.COm
75mes staff un- ier Stuart
Silverstein contributed to this
report.
for .tors in sought
on new pot dimes
Bratton cites Opelllllg Of
94 medical marijuana
dispensaries in L.A.irl a
year and calls for rules
to regulate the facilities.
BY PATRICK MCGREEVY
nmee 9taf Writcr
Concerned by a 2,350% in-
crease in the number of medical
marijuana dispensaries in Los
Angeles in a one-year period, Po-
.lice Chief William J. Bratton is
calling for a moratorium on new
facilities until strict rules can be
adopted governing them.
In a report to the Police Com-
mission, Bratton said he wants
to ban existing dispensaries
within 1,000 , feet of schools,
churches, parks and places des-
ignated exclusively for the care of
children. He also advocates lim-
iting their hours to 10 a.m. to 6
p.m.
The establishments are al-
lowed under a 1996 state ballot
measure and a more recent state
law making marijuana available
to patients by prescription to re-
lieve pain or nausea.
Bratton said the number of
dispensaries increased from four
in November 2005 to 98 a year
later.
. "This has fostered an increase
in crime problems and caused
quality-of-life issues for families
and communities, as evidenced
by the uo complaints received
from neighbors, business owners
and concerned citizens concern-
ing these dispensaries," Brat-
ton's report. states.
The Police Commission will
consider his reconvvendations
today.
Los Angeles Police Depart-
ment officers have been called to
clinics because of problems III-
cluding robberies, burglaries and
drug use in front,of the clinics,
Lt. Pau] Vernon said. Without
regulations, he said, officers are
hamstrung. .
In the absence of specific zon
ing rules, 12 of the medical man
juana dispensaries in Los An
geles have opened within 1,00(
feet of schools, Bretton said.
"One clinic blatantly resortec
[See Mariiv.ana, Page E10
(!~7 rules on pot
Clinics proposed
tite-killing diseases, including
[ AjUnltlaRa from Page DI )
to placing hers on the wind-
shields of vehticles parked in and
around Grant High School in an
obvious effort' LO entice children,"
B ration said.
The chief did not identify the
clinic, but said its flier stated
that it is legal to own, grow and
smoke medical marijuana and
that "qualification is simple and
our experienced physicians are
more than happy to help you,"
adding that the visit is free if the
applicant does not qualify.
"This was not the intent of the
voters when they passed Propo-
sition 215." the chief said.
The clinics have proliferated
elsewhere as well, although Los
Angeles, as the state's largest
city, has the most, said Joseph
Eflbrd of Americans
for Safe Access, a
group in support of state
the clinics. But San
Francisco, with lmrve
about 30 clinics, has
more per capita, or `exploil
about one per 25,400 I~
residents, while Los O'bu f
Angeles has one dis-
pensary for every 1
39.200 people. - -
on Monday. ad-
vocates for medical 1-eL•1-L'G
marijuana disputed
that the dispensa- dm,?
J
Ties are magnets for L.A. Poll
crime. and ex-
pressed concerns William.]
that Los Angeles of-
f, cials may reduce
patients' access to the drug.
"A blanket ruling saying you
can't be within a number of fee,
within a school or park is entirely
unnecessary and overbroad,"
said Bruce Mirken, a spokesman
for the Marijuana Policy Project,
another advocacy group. -
He said a lengthy moratorium
on new, dispensaries would have
an adverse effect on medical pa-
tients who rely on marijuana in
then- battles with disease.
The prolife, ation of dispensa-
ries followed passage of P-oposi-
non 215. called the compassion-
ate Use Act, and Senate Bill 420,
which took effect in 2004; to-
gether. they legalized possession
and cultivation of mau ijuana for
cualifred medical patients.
Marijuana is used for medical
purposes by thousands of people
suffering :rpm painful and appe-
cancer, AIDS, anorexia and ar-
thrtis.
"However, the spirit and in-
tent of this act has been ex-
ploited and abused for both
profit and recreational drug use
by many of the medical man-
Juana dispensaries in the city of
Los Angeles," Bratton said. "Ab-
sent stringent regulations and
enforcement actions, these dis-
pensaries have flourished
throughout the city."
The chief's recommendations
were welcomed Monday by
Councilman Dennis Zme, who
already has asked the Planning
Department to draft a morato-
rium ordinance, barring any
new outlets for sir. months, with
an option to extend it for another
six months while
new rules are being
formulated. "There
IV IVS is no regulation as
JeC17 far as zoning and
hours of operation,"
f'd and Zinc said. "What I
want to do is bring a
,df07- semblance of order
and not go against
)I-Oft the public's will in fa-
d vor of these clinics."
Steve Leon,
hOl7a~ owner of the medical
marijuana outlet
Use. H lin and Park Pa-
tient Collective.. dis-
-e Chief agreed with the alle-
Bratton gation that the
clinics spur criminal
activity.
"I think it's quite the oppo-
site," he said. "I'm in an area that
is gang-tnfested, but there is no
graffiti on my building. It is very
clean. fond other businesses have
moved in.. we have created quite
a nice little artistic community."
Leon said his building is more
than 1,000 feet from schools and
parks, and that the LATD has
been "very gracious.`
The proposed moratorium
found favor with at least some
owners of current dispensaries.
"The moratorium is kind of a
good idea. It's getting out of con-
trol, with a new one opening ev-
ery week," said ;'illy Astorga.
manager of the Eagle Rock
Herbal Collective, adding that
Its business already has strict
operating rules.
pa(rk):.m.cyreenyl.-Qat imee.COm