With its moratorium on new medical marijuana dispensaries declared unlawful, the Los Angeles City Council is now poised to act quickly on a strict ordinance that it has struggled with fitfully for more than two years.
On Tuesday, the city attorney's office delivered a draft that some members want the council to take up within a week. The sudden acceleration stems from a Superior Court ruling Monday that left the city unable to enforce its ban and derailed its four-month-old drive to shut down new dispensaries.
"We painted ourselves into a very tough position and now we act," said Councilman Ed Reyes, who has overseen the drawn-out effort to write an ordinance. "If we can do this Tuesday, I think we'll be OK."
The city's failure to pass an ordinance or enforce its moratorium allowed the number of dispensaries to explode. There are now hundreds in the city, by most estimates, and new ones continue to open almost weekly. Neighborhood activists have angrily complained that the council has lost control.
The proposed ordinance contains provisions that could make it one of the most restrictive in the state.
Under the latest proposal, most dispensaries would be required to close immediately and could not apply to reopen for six months. The 186 dispensaries that registered with the city when it passed its moratorium in 2007 would be allowed to remain open for six months, but then would have to meet the ordinance's requirements.
The ordinance could effectively outlaw most dispensaries in the city by prohibiting sales of medical marijuana. Both City Atty. Carmen Trutanich and Los Angeles County Dist. Atty. Steve Cooley maintain that state law does not allow over-the-counter sales, though they say collectives owned by the members are allowed to recoup their expenses. Dispensary operators say the sales, usually in 1/8 -ounce increments, are meant to cover their operating costs.
Council members have become increasingly frustrated with dispensaries flagrantly violating the ban and the state's requirement that they operate as collectively-run nonprofits.
Some of the council members most involved in the issue have begun to press for the tough measure.
"We are going to ban sales," said Councilman Dennis Zine, who said he has discussed the issue with colleagues. "The profit margin is what's gotten them going. They're not in there to help people, they're in there to make money."
