Two medical marijuana groups have threatened to sue the city of Los Angeles if the City Council passes an ordinance banning the sale of medical marijuana. The controversial provision of the proposed city ordinance prohibiting medical marijuana sales was drafted by the Los Angeles City Attorney’s Office under the leadership of newly elected City Attorney Carmen Trutanich.
Trutanich recently determined that state law and court decisions do not allow for the over-the-counter sales of medical marijuana that is commonplace in Los Angeles medical marijuana dispensaries. The new Los Angeles City Attorney believes that medical marijuana dispensary owners are only shielded from prosecution for the marijuana they grow not the marijuana they sell.
The two medical marijuana advocacy groups, The Union of Medical Marijuana Patients and Americans for Safe Access, are both threatening lawsuits as they are vehemently opposed to Trutanich’s position on over-the-counter medical marijuana sales claiming he has grossly misinterpreted the law and court decisions.
Referring to its own 23 page analysis, The Union of Medical Marijuana Patients director, James Shaw, issued the following statement:
“We show that Trutanich’s entire case against sales is severely flawed, based on an extremely strained interpretation of the law and the plain meaning of the statute, and backed up by cherry-picked case law.”
As for Americans for Safe Access, the group’s chief counsel, Joe Elford, had the following to say:
“The city attorney has consistently argued that medical marijuana sales are illegal,” said Joe Elford, the group’s chief counsel. “Neither the Los Angeles city attorney nor the City Council has the right to ban activity that is protected under state law.”
If the City Council were to approve an ordinance banning medical marijuana sales, many Los Angeles medical marijuana dispensary owners do not feel they would be able to stay in business. As it presently stands, medical marijuana dispensary owners have to operate as non-profits and may only sell marijuana to their members. The money exchanged as part of the over-the-counter sale of marijuana is viewed a donation to help reimburse the costs of operating the dispensary.
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