Medical Marijuana Dispensaries Banned in Unincorporated Areas

The Los Angeles County Board of Supervisors on Dec. 7  formally voted to ban medical marijuana dispensaries in unincorporated areas beginning the first week of January 2011.

The final tally was 4-1 with Supervisor Michael Antonovich, who represents Montrose and La Crescenta, voting in favor to nullify the board's dispensary regulation ordinance enacted in 2006. The ban was expected after a Nov. 23 vote was made in favor of drawing up the ban's ordinance.

The 2006 ordinance allows medical marijuana dispensaries under certain conditions, such as keeping dispensaries 1,000 feet away from daycare centers, schools, churches and areas where they may be perceived as offensive to the surrounding community. A .pdf of the 2006 ordinance has been uploaded to this site and appears to the right.

There are currently no pot shops in Montrose or La Crescenta, and no operating permits have been issued to dispensaries in other unincorporated municipalities, which represent more than 65 percent of the county. There are, however, several dispensaries in unincorporated areas that are operating illegally and without a permit, according to the board. Some unincorporated areas have dispensary permits pending, though officials knew of none in Montrose or La Crescenta.

"Attracting crime and other nuisances, these facilities have a negative impact on the communities where they've operated," said Antonovich, who introduced the motion for this action in July, in a press release. "Since many municipalities in Los Angeles County currently have either a ban or moratorium, adjacent unincorporated communities would become the obvious location of choice for dispensary operators, creating an undue burden for residents in these areas."

Kris Hermes of Americans for Safe Access, a leading medical marijuana advocacy group, would rather have the Board regulate pot shops than ban them.

"By rescinding its medical marijuana dispensary ordinance, the Los Angeles Board of Supervisors has turned its back on the patient community," said Hermes. "Medical marijuana will continue to be used by patients in the Los Angeles area regardless of the board's actions. If supervisors don't want to place patients at risk by forcing them into the illicit drug market, then they should regulate and not ban local distribution."

Americans for Safe Access organized a protest of the county board's Dec. 7 meeting downtown.

Crescenta Valley Town Council President Cheryl Davis informally supports the board's decision.

"The town council doesn't have an official viewpoint on it because we obviously don't control that, it's for the Board of Supervisors to decide," said Davis. "But individual [town council] members I've discussed it with, as well as people in the community and members of law enforcement, are all in favor of the ban. If people have the right to get medical marijuana, there are other places reasonably nearby where they can go to get it."

One such location adjacent to Montrose and La Crescenta is the Foothill Wellness Center in Tujunga. An FWC employee, who asked to be identified only as Marcus, saw the Board's recent action as a ploy to increase revenue from this budding retail industry's portion of the tax base.

"I have no idea how the ban will affect existing dispensaries," said Marcus. "Probably the only thing that's going to come out of it is more fees and more dues. All they do is charge a lot of fees to be on the list [for a permit], and if you don't make it they say 'thank you very much, we'll get back to you when we need more money.'"

Howard Hakes is an executive with the Hitchcock chain of L.A. auto dealerships and also serves as president of the non-profit Crescenta Valley Drug and Alcohol Prevention Coalition. He applauds the county's decision to curb dispensaries, claiming they provide teens with "easy access" to cannabis.

"It seems anyone can go out and get a [prescription] card for $100," said Hakes, who lives in La Crescenta. "Is there an age limit? There are plenty of 16- and 17-year-old kids out there with cards."

Though the ban has been approved by the Board of Supervisors, it may not ultimately be upheld if it faces legal challenges. The new ordinance states that if the California Supreme Court or Court of Appeals rules that the ban in unincorporated areas is illegal, the 2006 ordinance will prevail.