Much-Contested Medical Pot Ordinance is Upheld
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Much-Contested Medical Pot Ordinance is Upheld
Posted by CN Staff on October 15, 2011 at 06:38:44 PT
By John Hoeffel, Los Angeles Times
Source: Los Angeles Times 
California -- A local judge on Friday upheld Los Angeles' much-contested medical marijuana ordinance, denying motions from 29 medical marijuana dispensaries that had sought to halt enforcement of the law.The decision is a major victory for the city attorney's office, which has invested considerable time and expense in defending the law from a phalanx of lawyers working for dispensaries.
Superior Court Judge Anthony J. Mohr, who handles some of the most complex cases in Los Angeles County, held a series of hearings over many months on numerous constitutional challenges raised by the pot collectives. He delved deeply into the issue, studying vaguely worded state medical marijuana laws, a tangle of court cases and exhaustive briefing papers filed by the opposing sides."It has been a long wait but well worth it," said Jane Usher, a special assistant city attorney. "It is absolutely gratifying to have the city's ordinance validated."Aaron Lachant, a lawyer whose firm represents 21 of the dispensaries, said he was disappointed. "We believe the ordinance poses a threat to patient safety," he said. "We're exploring our options to invalidate the city's ordinance, and one of those options does include an appeal."In his 26-page opinion denying a preliminary injunction, Mohr rejected all of the arguments raised by collectives, concluding that the local law was properly adopted, provides due process rights, protects patient privacy and does not set up an arbitrary process to limit dispensaries. He also ruled that the city's dispensaries have no vested rights to continue operating, which Usher called a crucial finding."Had that argument prevailed, we would be addressing the claims of more than 200, perhaps as many as 500 collectives," she said. "I never felt that argument had a shred of credibility."Last year, Mohr struck down portions of the city's first ordinance. The city appealed, but the appellate court has not ruled. The city enacted a second ordinance in January, which drew more lawsuits.Despite Mohr's strong endorsement, the City Council will meet Tuesday in closed session to start work on a third version. A state appellate court ruled earlier this month that Long Beach cannot use a lottery to choose dispensaries because the city violated federal law by effectively authorizing the distribution of a drug that is illegal. Los Angeles had planned to hold a lottery to select 100 dispensaries that would be allowed to keep operating.In his ruling, Mohr declined to take into account the Long Beach decision, noting that it conflicts with other state appellate decisions. "The law appears to be unsettled now, and this court sees no benefit or present need to add to the fray with another ruling," he wrote. But he noted that the decision, handed down by a Los Angeles-based appeals court, could have a "profound impact" on the city's ordinance.Los Angeles and the collectives are also trying to negotiate a settlement. "Our clients are still willing to work with the city to find a reasonable solution," Lachant said.Usher said Mohr's decision denying that dispensaries have a vested right to operate could shape the way the council decides to limit the number of outlets in the city. The ruling could lead the lawmakers to adopt a much simpler ordinance that relies on strict zoning regulations to limit the number of locations.Regardless of what the council decides to do, Usher said she expects dispensaries to challenge it. "We did become a magnet for massive, voluminous litigation," she said.Source: Los Angeles Times (CA)Author: John Hoeffel, Los Angeles TimesPublished: October 15, 2011Copyright: 2011 Los Angeles TimesContact: letters latimes.comWebsite: Medical Marijuana Archives 
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Comment #1 posted by museman on October 15, 2011 at 12:12:49 PT
if you ever wondered who "they" were...
"A local judge"" the city attorney's office""Superior Court Judge Anthony J. Mohr""Jane Usher, a special assistant city attorney"to identify the 'professional' adversary.And they claim that this "invested considerable time and expense" is actually some kind of work or labor -and they kind of skip over the fact that they are BEING PAID BY THE PEOPLE for that 'time and expense' and they did it without the people's consent -as usual.I'm surprised there isn't some 'police chief' or some other pig reference on the threat to our society, etc,. etc.These professional liars are on the dole to the corporations -that create the elevated power and paychecks allowing the politician to thrive in its own invented medium; "law."These freaks and aberrants of nature, need to be schooled in some reality. Unfortunately its going to take more than handfuls of the desperate and unemployed to bring down the illicit houses of government and high finance, its going to take a few of the more fortunate waking up as well. But of course the catch22 they are counting on, is that if you skip work to protest the ongoing slavery of the common man by the elite, you will probably get fired. It boils down to people's priority.Believe in the Infinite Creator Spirit of Love, Sharing, Understanding, Grace, Forgiveness, Charity, and Co-Creation, or the spirit of I-Me-Mine. Simple, though difficult choice.It is the core of our collective beliefs that will determine our future, just as it has determined the current state of affairs we find ourselves in. And the religions of 'consumerism' and 'law' and 'rulership' are all religions of Mammon -which is doomed. The people were made to believe, through dark designs, for millennia. But that is changing.The powers that be believe in their own superiority so much they have become disconnected form reality (though some are trying to get on the wagon at the last minute) and unless they succeed in denying our current limited freedoms - like internet access and freedom of speech therein (and they are surely trying,) then there is no way they are going to 'contain' the upward movement of consciousness.The question is how many are still going to suffer through their wars and economic shenanigans before it finally comes to a grinding halt? And it should be obvious that they aren't capable of cleaning up their own messes, and it will be left to us, so might as well get on it now, while we still have some useful tools.Is your "job" really all that important in the long run?LEGALIZE FREEDOM
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