Source:
LA TimesMedical marijuana groups threaten to sue if L.A. bans sales
Two medical marijuana groups are threatening to sue the city of Los Angeles if the City Council passes an ordinance that bans the sale of medical marijuana. Two council committees are meeting today to try to finish drafting an ordinance that contains the controversial provision.
Dispensary operators have consistently said they are uncertain they could stay open with such a restriction. Most collectives, which are required to be not-for-profit, sell marijuana to their members, but they consider it a donation to reimburse their costs.
The prohibition on sales was written by the city attorney’s office. In a lengthy analysis of state law and court decisions, City Atty. Carmen Trutanich concluded that over-the-counter sales of medical marijuana are not allowed. Instead, he said, collectives are shielded from prosecution only when they are growing it.
Both medical marijuana organizations, the Union of Medical Marijuana Patients and Americans for Safe Access, take issue with Trutanich’s view, saying he has misinterpreted the law and the court decisions.
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http://latimesblogs.latimes.com/lanow/2009/11/medical-marijuana.html