Medical marijuana dispensaries aren’t new per se, but trying to regulate them is proving to be a contentious issue.

Los Angeles found that out the hard way, mostly because the politicians just couldn’t get their act together to agree on anything workable. It’s not that difficult an issue to deal with, but in the rush to protect the general populace from dens of inequity, the city fathers came up with a really ridiculous set of regulations to keep the medical marijuana dispensaries a specified distance from schools, homes, etc.

“On the surface, this might have been a smart move. However, by the time the city planners got done sorting out where these dispensaries could go, there was no place, unless it was way out of the city in isolated industrial areas where no one would go. The proposal was initially for a 1,000 foot buffer between the dispensaries and other sensitive sites. To say that idea flopped would be a major understatement,” said David Erikson, attorney at law, in Los Angeles, California.

Not noted to be shrinking violets about this issue, since it does mean revenue for the city from the 137 existing dispensaries and those yet to open, the City Council will consider a few other buffer zone options, ranging from a 200 foot buffer to a 500 foot buffer instead. While no one is certain what the outcome will ultimately be, the facts are that the dispensaries have to be “someplace.” Even with the adjusted buffers, at least 132 dispensaries would have to move. There won’t be a lot of happy campers when council is done with their deliberating.

“Meanwhile, medical marijuana patients are caught right smack dab in the middle of this political battle with city council on one side of the fence and the city attorney and district attorney on the other. The point is though that there are hundreds of these types of dispensaries that have been in the city for years, operating without a problem. Now however, it’s a problem because people have decided it’s time to regulate them, but they don’t have a coherent plan,” Erikson pointed out.

“In what amounts to a comedy of errors, LA city council imposed a ban on any new dispensaries opening. Well, they thought that was what they were doing two years ago. In reality they worded the ban in such an awkward manner that people opened them anyway under a hardship exception,” commented Erikson. “Over eight hundred dispensaries were looking for approval to set up and were rejected. Problem is a state judge has called the ban unconstitutional and invalidated it. This is quite the legal mess taking shape on the horizon,” he added.

And speaking of legal conundrums, the new city attorney insists that selling cannabis for cash is illegal under state law. That means dispensaries are operating illegally and have to shut down or be prosecuted. When it rains, it pours. The city hasn’t seen the last of that issue yet, as other cities in the state have well regulated medical marijuana dispensaries and the Attorney General has issued guidelines for their legal operation.

To learn more about David Alden Erikson, Attorney at Law, visit http://www.daviderikson.com.