Huizar's Marijuana Shop Ban Motion Moves Forward
The motion next goes before the City's Planning Commission.
A motion to suspend Los Angeles' medical marijuana ordinance moved one step closer to a judgment day before the City Council.
The motion--proposed by Councilman José Huizar--would indefinitely shutter Los Angeles' approximately 300 medical marijuana dispensaries, while still allowing authorized patients to grow their own marijuana, or have a certified caregiver do so for them.
The City Council's Public Safety Committee on Friday forwarded the proposed motion to the City Council and Planning Commission after hearing testimony from local law enforcement officials, including LAPD Northeast Division Captain Bill Murphy and Eagle Rock Senior Lead Officer Craig Orange.
The Planning Commission next meets on Monday, Jan. 26.
According to Huizar, his motion is in response to the California Second District Court of Appeal's finding the case of Pack v. the City of Long Beach, in which the court ruled that Long Beach's medical marijuana ordinance violated federal law by attempting to regulate the sale of a federally prohibited substance.
The ruling declares that states are only allowed to decriminalize marijuana, not regulate it.
Superior Court Judge Anthony Mohr ruled on October 14 that L.A.’s marijuana ordinance is valid and that its enforcement cannot be challenged by as many as 29 dispensaries that had sued the City over the issue. But Mohr also advised the City to revisit the ordinance to determine whether it can withstand a preemptory challenge in light of the Pack vs. Long Beach ruling and the fact that the L.A. ordinance has a provision for a lottery for dispensaries and other regulatory mechanisms.
“Given that we were advised by our City Attorney that we currently have an unenforceable ordinance, we are in a place where we were before we had an ordinance [when] we had a proliferation of dispensaries throughout the city, and with that proliferation came an impact on the quality of life in local communities,” Huizar said when he released his motion to the public in November.
Huizar, who helped craft L.A.'s ordinance, has long expressed his frustration with state laws regarding the cultivation and distribution of marijuana, which have prevented local regulation, including zoning. In December, he was joined in his criticism of the state's flawed marijuana laws by California Attorney General Kamala Harris, who wrote a letter to state legislators, urging them to address what she said was "the exploitation of California's medical marijuana laws by gangs, criminal enterprises and others." (See attached pdf for details of the attorney general's letter.)
There are three medical marijuana dispensaries in Highland Park--the Green Earth Collective, the Hummingbird Collective and the Highland Park Patients Collective--and approximately 15 in Eagle Rock.
correction:
A previous version of this story reported that there were only two medical marijuana dispensaries in Highland Park, the Highland Park Patients Collective and the Green Earth Collective. The Hummingbird Collective is also located in Highland Park. We regret the error.
kelly thompson
9:07 am on Wednesday, January 18, 2012
Wow, Huizar really knows how to suck the revenue and progress out of an area. First "almost" destroying the NELA art walk and now closing down Medical Marijuana Clinics. Way to go, making more work for community leaders leaving them to rebuild the revenue and neighborhood events that he is tearing apart. Please use your power for the good of the people Mr. Huizar not to suck the money and life out of the community. Ironic that he sites, quality of life. What about the quality of the life of the patients that need to get their medicine. These clinics are very low key only allowing certified patients to enter they do not allow loitering or attract crime. Further more most of clinics that have been closed in Eagle Rock have been replaced with message parlors that promise happy endings so who's quality of life are we talking about. Will empty store fronts or message parlors add to the quality of family life in Eagle Rock. I personally don't visit the clinics but strongly disagree that they in any way are disrupting progress or the moral fiber of the neighborhood. The only one disrupting the progress of the neighborhood here seems to be Mr. Huizar leaving in his wake a big mess for the community to try and rebuild the quality of life that we have fought so hard to achieve.
A Smith
10:01 am on Wednesday, January 18, 2012
the kamala Harris letter says no such thing you liars. She is supportive of the California marijuana community and law in place. Of course she does not want exploitation, however to date no one has been able to bring hard facts and stats to this effect which its what she its asking for.
Why do you twist Kamala Harris words?
David Fonseca
10:22 am on Wednesday, January 18, 2012
@A Smith:
For some reason, I'm having difficulty uploading the Harris letter on my site, but you can read it here. http://eaglerock.patch.com/articles/huizar-makes-headway-on-medical-marijuana-ban#pdf-8920566
Readers are free to judge for themselves if they believe Harris is critical of state marijuana laws. Also, keep in mind, one can be critical of a law that regulates a substance and yet still be supportive of the rights of the community who relies on it.
KingSlav
11:04 am on Wednesday, January 18, 2012
Not mentioned in this discussion is the fact that Federal law does not permit the sale of marijuana as currently practiced in Los Angeles.
kelly thompson
11:21 am on Wednesday, January 18, 2012
Not to worry the federal law was mentioned in the article and is never forgotten in discussions regarding the subject. I don't always mention it because I feel many states have done the right thing in decriminalizing it and feel that it should be legalized by the federal government as well. I am proud to live in a state that is progressive on this subject and will speak out against anyone trying to take that away from us.
Jen MacLean
1:04 pm on Wednesday, January 18, 2012
Is The Hummingbird on York also a collective? I wasn't sure
David Fonseca
1:08 pm on Wednesday, January 18, 2012
They are indeed, but they are currently listed as closed on YELP. The art gallery still functions.
xoxo
2:04 pm on Wednesday, January 18, 2012
I regularly go to the NELA artwalk. Last week past 3 mj clinics. Unfortunately one had
left door open and I and my adolescent son witnessed people plastered on the floor with the heavy odor of MJ. WTH!!!!!!!!!!! Where's my quality of life????
Linda Graveline
9:31 am on Thursday, January 19, 2012
The problem is that too many of these "collectives" are clearly just selling pot to anyone and NOT serving sick people. Current TV just did a show demonstrating how easy it is to get "certified". Park across the street from one and observe the clientele. Stand in XOXO's shoes. What they experienced is probably alienating others and hindering potential sales for local stores. Since a "collective" re-opened downstairs from us we've seen 1 man in a wheelchair, the rest are mostly healthy young men. Kelly come live with us for a week. Several times a day we deal with the stink of the pot smoke that fills our space. We've asked them countless times to install a filtration system that they keep "yes-ing" us about. We try to air our space out, paying to re-heat the whole thing, and often can't open the windows because the air's filled with pot and cigarette smoke which is absolutely infuriating. Do you think getting infuriated every day provides a good quality of life? I can't WAIT for them to get shut down.
We've worked hard to bring in business and beautify/promote HP. Should I have to move and forfeit my business' established location so pot dealers can hang out and get kids stoned? This IS a PROBLEM for the community. Huizar has my full support in passing legislation that will close fake dispensaries. I think they should keep the honest ones intact and regulate them and the doctors giving out certifications. Close the illegal massage parlors while you're at it.
Rob Schraff
12:44 pm on Thursday, January 19, 2012
So, I take it yours is a legal massage parlor - http://highlandpark-ca.patch.com/users/linda-graveline, http://www.reiki.org/faq/whatisreiki.html?
Really, I couldn't care less who wants to practice massage, religio-spiritual "laying on of hands," intense healing with "miraculous results"...whatever...but I would also think you would at least recognize the difficulty and expense of real enforcement.
As for the clinic, there are nuisance laws you can sue under for their discourteous and irresponsible behavior, including the landlord if he doesn't take action. I sincerely hope that you are successful solving this problem - I find tobacco smoke offensive, and understand when other don't appreciate my marijuana smoke. Nonetheless, this is a separate issue from trying to ban all clinics at the city level instead of waiting for state law to become settled and then creating responsible regulations.
kelly thompson
9:35 am on Thursday, January 19, 2012
xoxo// I am really sorry to hear that, I have never seen that at any of the clinics. If it was indeed a life changing/quality of life event for you and your son. I suppose it's a great time to educate your son on the laws, clinics and drugs, your views on the subject, etc. Assuming he is not already. My 14 year old daughter is aware of the issues and how I feel about them. She has in turn formed her own opinion not completely agreeing with mine. As a parent I believe that it's important to educate our children to the issues of the world and am not affected when these things do happen. I certainly wouldn't judge my quality of life on an incident like this. I respect others choices and teach my child to do the same. If this profoundly affected you though I would suggest asking them to close the door. Pretty simple really and not always necessary to over exaggerate these things by stating it's affected your quality of life. If that's the case then critical thinking is in order. I agree that the situation as you describe it is not acceptable behavior however why judge the actions of 1 for all.
I shudder to think your reaction to the art walk if one gallery decided to show adult/borderline unlawful work. At best it would be the gallery under scrutiny not the whole art walk.
kelly thompson
10:12 am on Thursday, January 19, 2012
Linda I understand your problem and agree that a filtration system should be installed. I would love to come and visit your business, what is the name of it?
I fundamentally feel that marijuana should be legalized so that may be where we differ in our views. I do however feel that they have the responsibility to be respectful to their neighbors and community. I strongly believe that shutting down all of the 'fake' dispensaries is not the solution.
The think that Huizars proposal of 'certified caregiver' only growing for patients will only become corrupt and that their will be ways to get around it. This "solution" to me is at best naive. I feel this motion is a waste of our tax dollars, time and energy. Taking away from what would really help people like you, clinics and patients. How about using this energy and money to enforce tougher restrictions on the clinics perhaps 'requiring filtration systems' and ENFORCING it. The revenue of the clinics alone would pay for the extra people needed to enforce the guidelines needed to create a cohesive live/work environment for you and the clinic.
I can totally feel and understand your frustration however I strongly disagree with the proposed solution and feel it is no solution for all. Of course you and those like minded to you will benefit from this motion but I'm looking at a bigger picture.
kelly thompson
10:46 am on Friday, January 20, 2012
Linda and xoxo please name the clinics in the thread. I would love to talk to them and find out why the doors were open, etc. If not for any other reason than to be well informed. I can almost see at the current state and instability of the laws that investing in a filtration system at this moment may be a waste of money if Huizar does indeed shut them down. However you obviously need some solution in order to continue for you to conduct business sent free.
David Fonseca
10:46 am on Thursday, January 19, 2012
Linda, can you please e-mail me at david.fonseca@patch.com? I'd like to learn more about your situation.
Linda Graveline
1:27 pm on Thursday, January 19, 2012
Rob I don't have a massage parlor and have never claimed to, and I didn't say that all collectives should be banned. You might want to read my post again.
Rob Schraff
1:54 pm on Thursday, January 19, 2012
Oh, you have an illegal massage parlor?
Seriously, please tell me how I misunderstood the services you provide in your description on your Patch page and the "what is Reiki" page here: http://www.reiki.org/faq/whatisreiki.html Looks like something very much like "massage" to me.
Also, how much does an intensively spiritual laying on of healing hands cost?
Linda Graveline
2:38 pm on Thursday, January 19, 2012
Wow. No it's not massage - or a parlor - or illegal - or sexual in any way. I'm not sure why your tone is so hateful or you feel you need to pick a fight with me, insert a website that I've never affiliated myself with and insist on incorrect and sarcastic assumptions.... Can you please relax and stay on topic?
Rob Schraff
2:48 pm on Thursday, January 19, 2012
You took a gratuitous shot at illegal massage parlors after your angry and hostile rant directed at your at your neighbors, above, and I just had the good sense to check you and Reiki out before taking you seriously, and I suggest others do the same. So which of the Reiki splinter-groups should we take as representative of your views? There is an awful lot of laying on the hands for magical healing results on all of the material I've seen.
I'm guessing this also means that in addition to being completely unregulated, you pay no taxes while you make pronouncements on businesses that do?
David Fonseca
2:57 pm on Thursday, January 19, 2012
Absolutely no need for personal attacks, Rob.
Rob Schraff
3:31 pm on Thursday, January 19, 2012
I deeply respect the forum Patch provides, and your efforts on our community's behalf, and will keep your reasonable admonishment in mind now and in the future.
Ms. Graveline has claimed to be local and business and "improvement" leader as she has launched these attacks on clinics and massage parlors. Given that Ms. Graveline's business seems to be healing through the practice of extensive "laying on of the hands," I thought the results of my internet search were relevant. However, this was only a result of my admittedly very brief and perhaps misinformed effort, and I stand eager to learn more about Ms. Graveline and the form of Reiki she practices.
Finally, as I mentioned in my first post, I am believer in the freedom to practice, between consenting adults, just about any kind of spiritual or massage technique that provides anxiety and stress relief and helps people become more relaxed and less angry. But if if it's for money such businesses should at least transparent, and just maybe taxed and regulated.
kelly thompson
5:40 pm on Thursday, January 19, 2012
Well...uh... I was the one that launched the attacks on the message parlors.
xoxo
5:50 pm on Thursday, January 19, 2012
@Kelly Thompson...What do you mean by "if" and exaggerated? In addition, whom are you to question my quality of life or tell me how to parent??? Let me make my parental decisions and you make yours. I have nothing against people that need to use mj for "real" health purposes, not a bunch of young, hot, heathy looking 20 year olds (maybe even older teens) laying on the floor of a mj clinic promoting/advertising drug usage to my teenager. And let's be real anybody can get a doctor's note to enter these establishments...... as their clients walk out they effect my quality of life in there appearance, driving, and the image they present. They do not have the right to intoxicated in public or pollute the community with there odor....
Rob Schraff
6:27 pm on Thursday, January 19, 2012
Maybe if you bring your children to an art gallery show (although maybe not for long, TBD...) on a Saturday night in LA where there are bars and medical marijuana clinics, you might expect to see "young, hot" people? (Not to question your no-doubt excellent parenting, or the meaning of "if" and "exaggerated.")
So your kids were exposed to sex, alcohol and marijuana? Oh, my. If you and your adolescent innocents heard any swearing, I would report it to Michael Larsen and Councilman Huizar immediately. Really, how fast can we turn Highland Park into Americana on Brand in the name of the children?
@ kelly- Ms. Graveline mentions "illegal" massage parlors above. I simply noted in response that these only allegedly "illegal, openly operating, businesses pay taxes and are, in fact, regulated and policed. I am interested to learn if this can be said for Ms. Graveline's business.
kelly thompson
10:13 am on Friday, January 20, 2012
xoxo Yes of course you have the right to raise your child and feel anyway you wish. "I" still feel that your reaction is over dramatic and exaggerated.
"I" feel it is important to teach our children to be tolerant and nonjudgmental. To engage in critical thinking before accusing a whole group on the actions of a few. "I" would have taken this situation as an opportunity to engage in a dialogue with my child about the issues and how it makes her feel. "I" feel it's important that my child goes out into the world with her eyes wide open, educated and able to make good choices based on as much information and as many view points as possible. Of course that's just me. If you choose to parent and react differently that is of course your prerogative.
Like I said before I don't condone the actions of the clinic you describe and think that behavior should be stopped. However I will always believe that the correct coarse of action is to correct that isolated behavior not to fly off with statements like their "ruining my quality of life" and condemning the whole program as a result of a few bumble heads. cont......