Posts Tagged ‘regulation’

L.A. Orders 439 Marijuana Dispensaries To Close

California — Los Angeles city prosecutors began notifying 439 medical marijuana dispensaries Tuesday that they must shut down by June 7, when the city’s ordinance to regulate the stores takes effect. It’s the first step in what could be a lengthy and expensive legal battle to regain control over pot sales.

The letters, which were sent to both dispensary operators and property owners, warn that violations of the city’s laws are a misdemeanor and could lead to six months in jail and a $1,000 fine. Collectives that stay open after the deadline could also face civil penalties of $2,500 a day.

“We’re hopeful that the fact that we’ve given them more than 30 days to comply that a significant number of them will cease operating,” said Asha Greenberg, the assistant city attorney who has handled most of the efforts to close dispensaries.

Los Angeles became the epicenter of the state’s dispensary boom last year, following the Obama administration’s announcement that it would not prosecute medical marijuana stores that adhered to state law. Although the city had a moratorium on new dispensaries, it failed to enforce the ban and hundreds opened with no oversight, triggering complaints from neighborhood activists.

The letters were welcomed by city officials and activists as a sign that the contentious issue, which was first considered by the City Council five years ago, is nearing a resolution.

“We’ve arrived. It’s like being on a journey and saying, ‘Are we there yet? Are we there yet?’ ” said Councilman Ed Reyes, who oversaw the laborious process that led to an ordinance after two years of debate. “It feels good that we have finally reached this threshold.”

Michael Larsen, the incoming president of the Eagle Rock Neighborhood Council, was the most tenacious spokesman for residents worried about unregulated dispensaries. “There’s actually something happening based on an ordinance that we worked very hard to get into place. On that level, I am relieved,” he said. “The truth about the actual enforcement, that will just be a big question mark.”

Under the new ordinance, only dispensaries that registered with the city after the council adopted the moratorium in 2007 will be allowed to operate. City officials estimate that more than 130 of the original 186 registered dispensaries are still in business. Continue reading

Pot? Check. Taxes. Check. Step Three: Profit.

San Jose took a step toward welcoming medical cannabis into its fair city on Tuesday night — 14 years after state voters approved medical cannabis, six months after pot clinics began sprouting up in Northern California’s largest city and about five months after a city council member openly declared the cash-strapped burg ought to do something about it all: namely, start taxing.

Via a 7-3 vote last night, the council essentially said, “Yes, we ought to do something about it, and we will — in June, when city staff comes back to us with a regulation and taxation plan that they’ll spend the next few months concocting.” Not exactly words to foment a revolution — but for those who’d like to see green generating green in San Jose, it’s a good day. “San Jose took a pragmatic step,” Councilmember Pierluigi Oliverio said Wednesday. “We said, ‘We want a limited number of dispensaries in limited places, and we want them taxed.’”

Pot? Check. Taxes. Check. Step three: Profit.

Nothing left now but the wrangling over the details: minor points like what the business tax levied on dispensaries should be; if they should be restricted to industrial space in San Jose;  if there should be a strict cap on the number of dispensaries; if the permitting fee should be $10,000 or $30,000 per dispensary.

Wait, those are all major points, some with the ability to muck up the process entirely, said Lauren Vazquez of the Silicon Valley chapter of Americans for Safe Access. Lengthy haranguing over just those details is partially to blame for the drawn-out saga of dispensary regulation in Los Angeles, now at two years and counting. Did you ever think it’d be the marijuana advocates getting all serious and killing the buzz?

“We want to make sure [patients] are involved in the drafting process,” she said. “That way we can get an ordinance that’s reasonable, not too restrictive, and we’ll avoid a lot of the going back and forth.” Continue reading

Pot legalization almost certainly headed for California ballot

Voters in California will likely decide this November whether or not to legalize marijuana, after legalization activists handed in far more than the necessary number of petition signatures to get the measure onto the ballot.

Organizers of the Regulate, Control and Tax Cannabis Act of 2010 filed some 700,000 petition signatures with county clerks around the state. The amount of signatures needed to get the measure on the ballot is about 433,000, reports the San Francisco Chronicle, so the measure is all but certain to be on the ballot in November.

If California voters approve, it will be the most comprehensive reform of marijuana laws ever undertaken in the United States. While some states, such as Oregon, have relatively lax penalties for possession, no state has attempted to regulate and tax the herb before.

The measure’s chances are good: A poll taken last April found that 56 percent of Californians want to see the herb legalized and taxed.

According to the L.A. Times, the measure would make it legal for anyone over 21 to own an ounce or less of pot, and to grow pot for personal use in a space no larger than 25 square feet. It would also give cities the right to license marijuana growers and sellers, and to collect taxes on the crop. Continue reading

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