By Jonathan Friedman
Lookout News

June 07, 2010 --A Los Angeles Superior Court judge's rejection on Friday of numerous requests for a temporary restraining order on the City of Los Angeles' ordinance that restricts the number of medicinal marijuana dispensaries means hundred of facilities must close on Monday. But at least one that is frequented by Santa Monica residents will remain open.

Michael Lee is a manager at JJ Herbal, which is located on Santa Monica Boulevard just across the municipal border. He said the facility's attorney is still determining whether JJ Herbal is affected by the ordinance because of its proximity to a residential area. But there are no plans to close, even if it is found the place is not in compliance with the new law.

“I think our intention is to remain open in defiance,” Lee said. “But if anything goes beyond that, we’ll be prepared to fight it if we have to.”

He added, “We want to be accommodating with the City as much as possible.”

Many observers say the medicinal marijuana situation in Los Angeles has gotten out of control. With more than 800 dispensaries estimated to exist in the city, the government approved an ordinance earlier this year to restrict the number to between 70 and 130.

Those that opened before a 2007 moratorium can stay open if they qualify under certain rules. This includes being located at least 1,000 feet from schools, religious institutions, libraries, parks and other “sensitive use” areas. Also, they cannot be located across the street from or share a corner with any residentially zoned lots.

Although Judge James C. Chalfant rejected the requests for a temporary restraining order, there are many other legal challenges pending regarding various issues, including patient privacy and a lack of fairness because some dispensaries must close while others do not have to do so. A court hearing is scheduled for June 18 regarding an injunction.

“I understand there’s some need for City rules and regulations,” Lee said. “I kind of wish the City had come up with straightforward rules in the beginning.”

Santa Monica medicinal marijuana user Gregg Heacock said he believes the City of Los Angeles purposely created a chaotic situation.

“The City’s idea was ‘If we don’t make this work properly and invest no energy in making it work properly, we can be pretty assured that it’s going to go about in this (chaotic) manner, and then we can bust them,” Heacock said.

Heacock has a prescription for medicinal marijuana because of arthritis. His case is not severe. But another person he knows has severe arthritis, and the use of marijuana has lessened her pain, making it so she does not need to use ibuprofen, which Heacock said has worse side effects than marijuana.

The person was nearing the need for hip replacement surgery, something avoided because of marijuana use, Heacock said.

“She has managed to reduce the pain … to avoid having surgery that may not have been necessary, but seemed necessary because of the pain she was suffering,” Heacock said.

Medicinal marijuana was legalized in California nearly 14 years ago with the voter approval of Proposition 215, also known as the Compassionate Use Act of 1996. Patients suffering from various illnesses, including AIDS, cancer and anxiety, can purchase marijuana after obtaining “recommendations” from doctors. There are no dispensaries in Santa Monica, so residents of this city must get their medicine from other areas, including Los Angeles. Lee estimated 20 percent of his clients come from Santa Monica.

Several Santa Monica City Council members have expressed interest in eventually allowing for dispensaries, with would require the passage of a new zoning law. Last fall, two women came to the council about being allowed to operate one. The council could not have granted this permit even if the members wanted to do so because there is nothing in the City’s zoning laws allowing for this and the item was not scheduled on the agenda. The women had made the request during the public comment portion of the meeting.

At that meeting several council members said it was something that could be carefully introduced to Santa Monica and taking Los Angeles as an example of what not to do. See Council May Consider Pot Dispensaries, November 5, 2009

A dissenting voice came from Council member Robert Holbrook, who is a retired pharmacist. He said “I don’t think it’s a problem we want,” and described the dispensaries he had heard about as places where “there’s always firearms involved, large amounts of cash, people at the doors offering to sell you marijuana cheaper than they do inside, and severe problems.”

Lee said that does not describe his facility, but he said it could describe some of those in Los Angeles.
“It really depends on the personnel, the managers, how they’re managing it, the location and how everything is set up,” Lee said.

Heacock said he has seen facilities “where it’s embarrassing and others where it’s as respectable as any other business.” He said that if there are problems that Holrbook described going on at dispensaries, it is the police department’s duty to make sure they are put to an end. He said he hopes that Santa Monica can create a path toward bringing medicinal marijuana facilities to this city.

“I think that a City that regards itself as a progressive City should be able to come up with a model for allowing a clinic to exist, both in how it comes about and how it conducts its business,” Heacock said.