Prosecutors in Los Angeles insist that collectives cannot sell medical marijuana at their stores and can provide it only to members who actively cultivate it together. Dispensary operators, on the other hand, argue that it is absurd to expect them to run Soviet-style collective farms and to rule out cash payments for pot.
When the Los Angeles City Council finishes its marijuana ordinance, which may finally happen this month, it is likely to inflame this increasingly contentious debate over how the drug can be distributed.
The conflict hinges on the state's 2003 medical marijuana law and almost entirely on a single sentence.
"The law's screwed up in a lot of ways. There's big gaping holes," said Yamileth Bolanos, who runs PureLife Alternative Wellness Center and is one of the city's most politically involved operators. "It's very confusing for everyone, even the prosecution and law enforcement. It's like the Bible, everybody reads it the way they want to."
No legislative relief
The confusion could be cleared up by the Legislature, but that body has shown no desire to revisit the law. And the attorney general, who issued guidelines on how to interpret the law, has not responded to calls to update them to account for recent court rulings that have added to the bewilderment.
Instead, the issue may be left to the courts to decide, which could lead to years of costly criminal prosecutions and civil lawsuits before prosecutors and dispensaries have clear rules.
"What a shame that the courts have to give the clarity, when the Legislature could do it a lot more quickly and actually think it through," said San Diego County Dist. Atty. Bonnie Dumanis, who has aggressively prosecuted dispensaries for selling pot. She also said Atty. Gen. Jerry Brown "could write clearer guidelines to say exactly what a collective can do and to outline the steps to comply with the law."
After watching the Los Angeles City Council struggle with the state law, Councilman Jose Huizar and Eagle Rock neighborhood activist Michael Larsen said they intend to press legislators to fix it. "I just want it to be clearer so that we're not wasting a lot of energy on something that is going to be struck down," Larsen said.
Once the city's ordinance is passed, Huizar said, he hopes the council will ask lawmakers to eliminate the ambiguities. "It's a moving target, so it would behoove the city of Los Angeles to be active in this area."
