I.
Grandfather Clause – THE COURT HAS SPOKEN
September 14, 2007 – Grandfather Clause Date – Brilliant City Council
Notwithstanding the maximum number of collectives described above, every medical marijuana
collective, dispensary, operator, establishment, or provider that (1) was registered pursuant to Interim Control
Ordinance No. 179,027 with the City Clerk's office on or before November 13, 2007, (2) has operated
continuously at its registered location since on or before September 14, 2007, or has both moved once within
the City due to an enforcement letter from a federal governmental entity and filed a hardship exemption
application pursuant to Interim Control Ordinance No. 179,027, (3) has the same ownership and management as
it identified in its registration with the City Clerk's office, (4) has not been cited by the City for a nuisance or
public safety violation of State or local law, and (5) complies currently or identifies to the City during the
preinspection process a new operating location that meets all of the distance requirements of Section 45.19.6.3
A.2 of this article may be eligible to register and operate if it immediately complies with all provisions of State
Law, and within 180 days after the effective date of this ordinance completes its compliance in full with each
provision of this article. Any collectives allowed to register and operate in excess of 70 shall also be
proportionally distributed by Community Plan Area, based on each Community Plan Area's percentage share of
the City's total Community Plan Area population, as estimated by the Department of City Planning as of
October 1, 2008 on Table 1, above. In determining the number of collectives allowed in each Community Plan
Area, the Department of City Planning shall apply these percentages to the total number of collectives that file
their intent to register with the City Clerk pursuant to Subsection C.1, below.
Once the city council adopts Judge Mohr’s suggested changes, this portion above highlighted, will be
stricken as it is unconstitutional.
The date that is left, September 14, 2007, is naturally the grandfather clause date.
II.
Judge Mohr – Brilliant Judge
“Had the Ordinance done nothing more than give a calendar date before which collectives were “grandfathered,”
the Ordinance probably would have been in line with cases like Duke (A United States Supreme Court Case City of
New Orleans v. Dukes 427 U.S. 297 (1976)) Amending the Ordinance accordingly would most likely be the easiest way
to avoid another equal protection challenge. At a subsequent hearing, should there be a question about when a collective
opened, those that filed documents in connection with the expired ICO would still be able to use that fact as evidence, for
the file-stamped papers would be relevant as to when a collective was operating. Conversely, if by November 13, 2007,
the management of a collective was unaware that the ICO had expired yet failed to register with the City Clerk’s Office,
that fact would be probative evidence with respect to a collective’s willingness to follow the laws. However, for reasons
stated, compliance with the expired ordinance cannot become sine qua non of the right to continue operating.”
The highest court in the land, has already spoke on this issue, this will avoid any future law suits from either side.
III.
Grandfather Definition - State Law – Not City Councils’ Fault
Presently, if the City Council Adopts Judge Mohr’s suggestions, the only additional amendment that
needs to be made is the definition of “grandfather clause”, so that there will be no need for further court action.
It has been taken out of the City Council’s hands by Judge Mohr.
The definition should be, every medical marijuana collective, dispensary, operator, establishment, or
provider that has operated continuously at its registered location since on or before September 14, 2007, as long
as in compliance with state law, shall be allowed to remain at it’s present location, so long as it comes into
compliance with every other portion of this said ordinance.
Now remember “registered” means was registered pursuant to Interim Control Ordinance No. 179,027
with the City Clerk's office on or before November 13, 2007.
This helps the most number of patients, as we know in Los Angeles County traffic is terrible, public
transportation doesn’t go everywhere, some patients have no transportation, are sick and dying, and making
them go to another location could be LIFE threatening.
Let’s save the most number of patients we can….
By,
Heather Broussard, Attorney At Law, CABAR# 230421
Pro Bono, for CFCC, Westside Caregivers, also family.
All medical marijuana advocates
And most importantly the patients
Comment [U1]: Striken by Judge Mohr