cannabisnews.com: Judge Clears Way for L.A. To Begin Crackdown
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Judge Clears Way for L.A. To Begin Crackdown
Posted by CN Staff on June 05, 2010 at 11:15:05 PT
By Victoria Kim, Los Angeles Times
Source: Los Angeles Times
Los Angeles -- Medical marijuana patients and dozens of dispensaries lost an eleventh-hour bid Friday to stop a city ordinance from going into effect next week, but a judge indicated that both groups may have a legitimate basis for an injunction at a later date.Los Angeles County Superior Court Judge James C. Chalfant cleared the way for the ordinance to take effect Monday by denying more than a dozen requests for a temporary restraining order to bar the city from enforcing the law, which would force more than 400 shops to shutter their doors.
Attorneys for patients using medical marijuana had filed a class-action lawsuit against the city last week, contending that the law would unconstitutionally bar patients' access to their medicine.The patients, who estimate that more than 100,000 Los Angeles residents are in their ranks, suffer from illnesses ranging from anxiety and menopause to lupus or AIDS, according to their lawsuit.In court Friday, attorneys presented a map to the judge that they said showed most dispensaries will have to close if forced to comply with the ordinance, which prohibits them from being located within 1,000 feet of "sensitive use" areas, including schools, churches and parks.Chalfant rejected that argument, saying because patients can grow their own marijuana and an estimated 137 shops will be allowed to remain open at least temporarily, there was no reason to issue an emergency order stopping the city from implementing the law."I believe access to medical marijuana  is supposed to be limited," the judge said. "It is not supposed to be freely available on the street to anyone who wants it; that was the intention of the people."He said, however, that patients may have grounds to ask for an injunction based on their privacy rights  the city ordinance says police will be able to obtain patient lists and doctors' recommendations without a warrant.The judge also denied requests from lawyers representing dispensaries to stop the ordinance. The lawyers had contended that their clients' rights as property owners and their due process rights would be violated when the city's law takes effect.Chalfant ordered attorneys to file additional papers on whether allowing certain dispensaries to remain open while closing others would be a violation of the equal protection clause of the California Constitution.Hearings for the patients and the dispensaries were set for early July.Source: Los Angeles Times (CA)Author:  Victoria Kim, Los Angeles TimesPublished: June 05, 2010 Copyright: 2010 Los Angeles TimesContact: letters latimes.comWebsite: http://www.latimes.com/URL: http://drugsense.org/url/l8z3vGoyCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml 
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Comment #2 posted by Hope on June 07, 2010 at 10:40:05 PT
All of this is ammunition they're creating
to use in stirring up and getting the prohibitionists out to vote on the upcoming initiative.
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Comment #1 posted by FoM on June 07, 2010 at 04:31:28 PT
400 Marijuana Dispensaries To Close In Los Angeles
June 7, 2010URL: http://www.npr.org/templates/story/story.php?storyId=127524925&ft=1&f=1001
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