Loophole in LA’s New Marijuana Ordinance

Written by myFOXla – Los Angeles’s new medical marijuana ordinance has a loophole that allows dealers to sell pot over the internet and deliver it to their customers, and a city council member wants to put a stop to that.

Councilman Jose Huizar filed a motion on Tuesday that would ban so-called mobile dispensaries.

“The city has received dozens of complaints regarding this new ruse that has arisen in an attempt to circumvent city and state regulations governing the city’s collectives,” Huizar said in the motion.

“As such, it will be in the best interest of the city, and provide clarification to the public, if the council were to explicitly prohibit any delivery service unless it operates in full compliance with the (ordinance) and existing state law, both of which prohibit the transportation of medical marijuana to a qualified patient except by his/her primary caregiver.”

Huizar urged the council to have the city attorney amend the ordinance “on an emergency basis,” so it can be enacted quickly.

“If we remain silent, who knows? This booming business can get out of control,” Huizar said.

Under the new ordinance, only the 186 dispensaries that were operating when the moratorium was imposed on Nov. 13, 2007 can remain open. Because some of those have ceased operating, the City Attorney’s office estimates there are about 130 pot shops that are “grandfathered” and not banned by the new ordinance.

The operators of 439 pot shops were issued cease-and-desist letters a month ago, instructing them to shut down by June 7. Frank Mateljan, a spokesman for the city attorney, warned those who defy that order could face jail time, fines or eviction.

He said criminal charges could carry penalties of up to six months in jail and a $1,000 fine, while civil penalties could include fines up to $2,500.

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