cannabisnews.com: Prosecutors Attack Proposed L.A. Ordinance
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Prosecutors Attack Proposed L.A. Ordinance
Posted by CN Staff on November 20, 2009 at 06:48:14 PT
By Amanda Bronstad, The National Law Journal
Source: National Law Journal
California -- Attorneys at the Los Angeles City Attorney's office and the Los Angeles County District Attorney's office blasted a proposed city ordinance this week for running afoul of state laws that prohibit the sale of marijuana.The Los Angeles City Council postponed a scheduled Wednesday vote on the ordinance, which would have regulated marijuana dispensaries in Los Angeles. Another vote is scheduled for Nov. 24.
The proposed ordinance comes as the medical marijuana dispensaries have increased dramatically in Los Angeles. Also, the city just lifted a two-year moratorium on regulating dispensaries.Medical marijuana is legal in more than a dozen states, including California.On Monday, Los Angeles City Attorney Carmen Trutanich argued before the council that a ban on sales of the narcotic must be included in the ordinance. Trutanich cited Proposition 215, or the Compassionate Use Act of 1996, the ballot initiative that permitted medical marijuana use in California, and the Medical Marijuana Program Act, legislation passed in 2003 that clarified the ballot initiative. Those laws, he said, allow for the possession and use of marijuana for medical purposes, but not the sale."Those two pieces of legislation give an affirmative defense to a person charged with growing marijuana," said David Berger, special assistant to the city attorney. "However, there is no defense for selling marijuana and no mechanism for selling marijuana. And that has been the battle that exists between the council and the city attorney."Berger said that 186 dispensaries are legally operating in Los Angeles, but that about 1,000 such shops exist. Ordinances in some other California cities, such as Oakland and West Hollywood, allow for the sale of marijuana, he said.But in arguing against the proposed ordinance for Los Angeles, Trutanich is focusing on recent case law in California, namely a 2008 California Supreme Court decision clarifying that medical marijuana dispensaries are not considered primary caregivers under the Compassionate Use Act or the Medical Marijuana Program Act. Under California law, primary caregivers are allowed to receive compensation under state law, he said.The case, People v. Mentch, also provided guidance to prosecutors on how to litigate cases involving medical marijuana, said Joseph Esposito, head deputy of the major narcotics division at the Los Angeles County District Attorney's office. Since July 2009, the DA's office has increased the number of its prosecutions each month, he said.On Tuesday, the office announced that it would continue to prosecute any dispensaries that violated California law by selling marijuana."The Los Angeles city attorney correctly analyzed the law surrounding the Compassionate Use Act and the Medical Marijuana Program and for some time advised that any ordinance state that sales of marijuana are illegal," Esposito said. "The city council appeared to be toying with the idea of taking out that language and allowing for cash contributions or cash compensation for these collectives or operatives."Several motions to amend the ordinance were introduced on Wednesday, including expanding the distance between medical marijuana dispensaries and schools or parks, said Monica Valencia, press deputy to Councilmember Ed Reyes, who is spearheading the draft of the proposed ordinance.She said Reyes has not been "dissuaded" by the legal opinions regarding the ordinance. In response to those opinions, Reyes issued a statement: "This is not about creating the Starbucks of marijuana sales. It's about creating access for people who really need it while at the same time protecting the health and safety of our communities from nuisance operations. Once we adopt the medical marijuana ordinance, we would expect our city attorney to vigorously defend it."Last month, the U.S. attorney general's office issued medical marijuana guidelines indicating that federal prosecutors would not target people who were in compliance with state and local laws.Source: National Law Journal (US)Author: Amanda Bronstad, The National Law JournalPublished: November 20, 2009Copyright: 2009 NLP IP CompanyURL: http://drugsense.org/url/GwKBpCtqContact: http://drugsense.org/url/YuhCTHExWebsite: http://www.law.com/jsp/nlj/news.jspCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #30 posted by GeoChemist on November 20, 2009 at 18:05:21 PT
You're welcome
I'm glad you enjoyed it. Hope, I just love this comment:” It’s a major balm for many of the troubles that beset humans and animals. Obviously". And there in lies the problem. Everything we need to heal ourselves is on this planet; I’ve heard this from many of the people I come in contact with. Notice the word heal; in general (excluding antibiotics/antiviral substances) pharmaceuticals do nothing but mask the symptoms, a band-aid if you will. Take a narcotic for instance, it dulls pain, so what happens if one seeks attention for back spasms? They are given narcotics, it dulls the pain and the injured feel fine. This is another danger of narcotics, once someone feels fine they generally return to normal activity thus further injuring themselves as the pain from the initial injury was only masked. There are many other examples, but the point is we are in fact a legally drugged society.
[ Post Comment ]
Comment #29 posted by FoM on November 20, 2009 at 15:40:36 PT
Who Says I Can't Get Stoned?
Very good.
[ Post Comment ]
Comment #28 posted by FoM on November 20, 2009 at 15:38:20 PT
GeoChemist
Thank you for John Mayer song. It's really good.
[ Post Comment ]
Comment #27 posted by Hope on November 20, 2009 at 14:58:47 PT
Thanks, GeoChemist.
http://www.youtube.com/watch?v=FZwVjys2bQIGoing to listen to that again.
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Comment #26 posted by Hope on November 20, 2009 at 14:57:09 PT
Sorry...
I meant comment 20.I love it.
[ Post Comment ]
Comment #25 posted by Hope on November 20, 2009 at 14:53:50 PT
Part of why the naysayers scoff
is that cannabis helps a lot with such an astounding array of symptoms.It's a major balm for many of the troubles that beset humans and animals. Obviously.It's hard to believe, but it's the truth.
[ Post Comment ]
Comment #24 posted by Hope on November 20, 2009 at 14:50:44 PT
Nail Patella Syndrome
That's what George McMahon, another legal patient, has.Irv Rosenfeld has something that causes little hard, sharp tumors to grow on his bones all over his body, but especially, I think, his hips and legs... and maybe muscles, too.I think.
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Comment #23 posted by dongenero on November 20, 2009 at 14:23:21 PT
Irv Rosenfeld and Uncle Sam
Irv has been using Uncle Sam's U of M grown cannabis for about 28 years. Is that long enough to suppose it is safe for Irv? Surely we need more research to prove it is safe and effective for Irv. (Irv and his doctors would likely say his Nail Patella Syndrome would have killed him by now, without the cannabis). History of cannabis use goes back 5000 some years. But, I'm sure we need more research to be sure it is safe.Before it was dubiously banned in 1937, cannabis was used extensively in American pharmacopoeia. But surely more research is required to be sure it is safe and effective.stall, stall, stall
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Comment #22 posted by Hope on November 20, 2009 at 13:51:34 PT
Comment 21
Oh my gosh!I love it. I absolutely love it.To be shared!Thank you.
[ Post Comment ]
Comment #21 posted by dongenero on November 20, 2009 at 12:10:06 PT
post # 1
Wait Irv!!!!We need more research first, to prove it's safe for you!!!!!!
[ Post Comment ]
Comment #20 posted by GeoChemist on November 20, 2009 at 11:54:50 PT
Hope
It really irritates me when that type of language is used.
http://www.youtube.com/watch?v=FZwVjys2bQI
[ Post Comment ]
Comment #19 posted by Hope on November 20, 2009 at 11:37:25 PT
And of course...
Cannabis is not a narcotic.
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Comment #18 posted by Hope on November 20, 2009 at 11:35:50 PT
synthesized from opium
Exactly!Thank you, GeoChemist. That's the actual, most precise, most accurate definition of "Narcotic" that I've been wanting to hear and see and knew existed but didn't know where to even begin looking for it. Exactly.Thank you!
[ Post Comment ]
Comment #17 posted by Hope on November 20, 2009 at 11:31:39 PT
trying to understand prohibitionists
especially the most dangerous and deadly ones.They seem to really hate that look. That sleepy smile. I mean... really hate it. Enough to hurt and kill over it.
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Comment #16 posted by Hope on November 20, 2009 at 11:27:52 PT
couldn’t find a hammer in Lowe’s?
That's funny.
[ Post Comment ]
Comment #15 posted by GeoChemist on November 20, 2009 at 11:25:58 PT
Here we go again with the language
"On Monday, Los Angeles City Attorney Carmen Trutanich argued before the council that a ban on sales of the narcotic must be included in the ordinance."From Taber's Medical Dictionary: Narcotic (noun); 1. A highly addictive family of drugs derived naturally or synthesized from opium.Let’s see, do I believe the many physicians and scientist that contributed to Taber’s or a bunch of morons that couldn’t find a hammer in Lowe’s?
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Comment #14 posted by FoM on November 20, 2009 at 11:13:28 PT
Hope
That seems so weird to me.
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Comment #13 posted by Hope on November 20, 2009 at 10:47:29 PT
Fear of plants a new cultural phenomenon?
http://forums2.gardenweb.com/forums/load/houseplt/msg0400372625791.html
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Comment #12 posted by Hope on November 20, 2009 at 10:40:58 PT
The Day of the Triffids
http://en.wikipedia.org/wiki/The_Day_of_the_TriffidsAnd how I happend to notice this fear in my fellow humans years ago.One holiday get together, many years ago, I was in the dining room, but I could see my step daughter, then about eight or nine years old, standing in front of the TV in the living room. No one else was watching TV. She was standing in front of it mesmerized. Naturally, I was interested. She was watching Day of the Triffids. I was amazed at what a profound effect it had on her. It seemed to change her life. She was was very afraid about these plants. We've talked about it a lot over the years.Someone else revealed to me their outright freaking, creeping outnedness about plants... including the one in the Little Shop of Horrors. They knew it was freaking creepy and were obviously embarrassed about it... but I could see where they were coming from (even though I thought it was freaking funny).Then I was listening to this Native American Indian flute music for a few days... and I was looking at the woods one day and listening to it.... and dang... I felt it. It was creepy. Like the roots were reaching for you... to suck the juice from your fleshly body! Feeling around at night. Growing towards you. Creeping under the house. Under your bed while you're sleeping. To get you!
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Comment #11 posted by Hope on November 20, 2009 at 10:26:58 PT
It's real...
Why do you think Day of the Triffids and Little Shop of Horrors were made? To tap into that innate fear of course. It's a lot more innate in some than others. I was amazed to realize it was a real thing, too.In trying to understand prohibitionists, today, I think, is the first time that I realized that fear of plants may play more of a role in their irrational fear than I'd previously realized.It's real. It's a phobia. A fear.
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Comment #10 posted by FoM on November 20, 2009 at 10:07:53 PT
Hope
Thank you for the link. People can be afraid of God given plants? Too much.
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Comment #9 posted by Sam Adams on November 20, 2009 at 09:48:35 PT
plants
wow, I couldn't believe the "fear of plants" website was real but it is!!! unbelievable!! They should start cold-calling District Attorneys, must be thousands of potential customers out there in desparate need!
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Comment #8 posted by Had Enough on November 20, 2009 at 09:37:24 PT
Fear of Plants
That was good...Many of us here have a good idea of the 'type' of ‘humans’ that should sign up for that....That outfit could reap a large amount of business...
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Comment #7 posted by Hope on November 20, 2009 at 09:10:08 PT
Fear of plants.
How to Overcome Fear Of Plants:
Treatment & Curehttp://www.changethatsrightnow.com/problem_detail.asp?SDID=1198:1423
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Comment #6 posted by FoM on November 20, 2009 at 09:08:55 PT
AP Article From Arkansas
State Lawmaker Suggests Legalizing Marijuana
November 20, 2009
Little Rock -- A state senator says that legalizing or lessening criminal penalties for marijuana may be one way to curb overcrowding in Arkansas' prisons.Sen. Randy Laverty, a Democrat from Jasper, said Thursday he wanted to wait for legislative research and data from the Department of Correction before he decides whether to sponsor legislation to lessen or eliminate criminal penalties for the drug.Laverty said at a legislative hearing this week that there should be debate about legalization after asking prison officials how many inmates are in jail on marijuana offenses. Laverty suggested that those using the drug for medical purposes shouldn't be punished.Laverty said he wouldn't consider sponsoring any proposals on the issue until the 2011 session.Copyright: 2009 The Associated Presshttp://www.arkansasbusiness.com/article.aspx?aid=0.0.130828
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Comment #5 posted by Sam Adams on November 20, 2009 at 08:47:04 PT
Los Angeles
interesting, the criminal justice industry in California is the strongest in the USA. I'm starting to wonder, will the legalization referendum get a clean election next year? You know there are many in government, including the highest prosecutors in the land, who will obviously do many dishonest things to stop cannabis reform. Even in Berkeley a few years back the med MJ election was brazenly rigged with Diebold machines. I wonder what will happen in the right-wing areas like Orange County, Placer, etc.I know in my state many smaller towns deliver their election results to the local police department to hold overnight on election day because they're the only town employees that work 24/7
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Comment #4 posted by keydet46 on November 20, 2009 at 08:18:05 PT
Narcotic?
Its not a narcotic! Just calling it one doesn't make it so!
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Comment #3 posted by Celaya on November 20, 2009 at 07:44:55 PT
The Party's Over For D.A.s
Wow! Prosecuting attornies are foaming at the mouth now! They see the handwriting on the wall and are desperately trying to hold back the tide of marijuana reform.Marijuana prohibition makes prosecuting attornies much more powerful than they should be. -- One hundred million Americans have consumed marijuana. The monstrous fraud of marijuana prohibition puts all of these good Americans under the thumbs of prosecting attornies. No wonder they hold onto this American Inquisition with a death grip.Get a hobby, you evil parasites!
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Comment #2 posted by Hope on November 20, 2009 at 07:36:51 PT
Here's to your health, Mr. Rosenfeld!
Keep up the good work and stay healthy.We do appreciate you, sir.
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Comment #1 posted by FoM on November 20, 2009 at 07:10:38 PT
Ft. Lauderdale Man To Smoke 115,000th Joint
No Dope: Ft. Lauderdale Man To Smoke 115,000th JointNovember 19, 2009When you think of the world's most prolific pot smokers, certain names come to mind: Snoop, Cheech and Chong, Willie Nelson.How about Irvin Rosenfeld?The 56-year-old Fort Lauderdale stockbroker will put his name among the greats when he sets a world record tomorrow for weed consumption while lighting up his 115,000th joint.The best part is that it's all legal.
"Yep, provided by Uncle Sam," Rosenfeld told NBCMiami.com. "They grow it for me, I find that quite ironic."Rosenfeld's pot has been provided by the government since 1982, when he became a patient in the Federal Drug Administration's Investigational New Drug Program. Grown on a farm on the campus of the University of Mississippi, the weed is delivered to a local pharmacy where Rosenfeld gets it by the bushel.URL: http://www.nbcmiami.com/news/local-beat/No-Dope-Ft-Lauderdale-Man-to-Smoke-115000th-Joint-70496022.html
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