L.A. Medical Marijuana Shops Challenge Proposition D Ban

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The Los Angeles City Council will meet behind closed doors today to discuss threats of legal action by the operators of two medical marijuana dispensaries ordered to shut down under voter-approved Proposition D, which pared back the number of pot purveyors in the city.

Voters approved Proposition D on May 21, banning medical marijuana businesses in Los Angeles while exempting shops that registered for licenses prior to a 2007 suspension on new dispensaries. The proposition went into effect June 20.

The city has released a list of 134 dispensaries exempted from the ban and has refused to consider appeals from those who say they should have been on it.

Last month the city attorney sent 1,716 letters notifying landlords and owners of "medical marijuana businesses" of the ban and ordering them to cease operations, said City Attorney spokesman Rob Wilcox.

The City Council is expected to discuss today a threat of litigation from attorney Arthur Hodge, who represents the Downtown Patients Group Dispensary and the Timothy Leary Memorial Dispensary in North Hollywood -- two businesses not included on the exemption list.

In a July 11 email to the city, Hodge stated his clients received notification letters "asserting they are not entitled to the immunity," but under his "reading of Prop D, they qualify ... and the letters are in error."

"Please advise, as we have no choice but to bring fresh Petitions for Writ of Mandate for these collectives if we cannot come to terms on them," he continued.

Hodge prodded the city again on July 17 after not getting a response to his previous email. His missives are part of council files included with the agenda for today, when the council members also plan to discuss ongoing litigation challenging L.A.'s previous medical marijuana laws.

Another attorney, David Welch, said he believes there are as many as 40 additional businesses eligible for immunity from the ban. He said he represents 15 businesses that were overlooked for inclusion on the city's list and that he has sent letters on their behalf urging reconsideration.

Welch previously represented Ordinance F, a medical marijuana measure that would have set regulations for dispensaries but would not have restricted the number.

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Source: dailynews.com
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Website: L.A. medical marijuana shops challenge Proposition D ban - LA Daily News
 
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