MORE POT SHOPS THAN STARBUCKS IN L.A.?
October 21, 2009
By Suzanne Zionts For Fox Business News.com


All this week FOX Business is investigating the medicinal pot business and national debate on legalization in a special report called High Noon.

California, and specifically Los Angeles, is at the heart of the medical marijuana storm. On the heels of the Obama administration’s announcement earlier this week of relaxing federal standards for medical-marijuana users and dispensaries, a Superior Court in Los Angeles deemed the city’s 4-month crusade to shudder hundreds of medical marijuana dispensaries invalid. 

David Berger, special assistant to the LA city attorney, announced that a new draft of the ordinance to close down certain marijuana dispensaries was submitted to a judge Tuesday for review.

“There are more dispensaries in LA than Starbucks,” said Berger, adding that most of these stores are “pot shops,” and not legitimate medical marijuana facilities.

Q: How did the Obama administration’s announcement regarding easing federal standards for medical marijuana users and dispensaries impact plans to regulate marijuana dispensaries in LA?
Berger: I welcome (the announcement). I think legitimate medical marijuana use is a good thing. I particularly appreciate the administration is supporting the legal use of marijuana. The administration has made it clear they will not support the illegal use of marijuana.

Q: What is in the new ordinance you are submitting to the city?
Berger: We believe our ordinance complies fully with the Compassionate Use Act, which is Proposition 215, the official title. Our ordinance does not authorize cash sales of marijuana. Any dispensary that is accepting cash for marijuana is in violation of the law.

Q: Are there too many dispensaries in Los Angeles now?
Berger: There are more dispensaries in LA than Starbucks, perhaps up to 1,000. The vast majority of these are pot shops. They are there to sell marijuana, and they are not in compliance with state law. State law does not allow for the sale of marijuana over the counter.

Q: What is your goal in shutting down certain dispensaries?
Berger: It is our goal to regulate medical marijuana distribution. We want to make sure that it is done in full compliance with Proposition 215, which was the voters’ initiative that allows for medical marijuana to be available to patients who need it.

Q: What are the zoning rules for dispensaries?
Berger: I don’t want to go into specifics, but there are recommendations that they are not to be close to schools, parks, or rehabilitation centers. (The dispensaries) mustn’t be close to each other.

Q: Which dispensaries are following the rules?
Berger: We believe that out of the original 187 medical marijuana facilities, many, if not all of those, are complying and operating as collectives

Q: What is the city stance on medical marijuana?
Berger: The city is fully committed to allowing patients to get medical marijuana, but we are also committed to not allowing commercial and recreational use.

Q: What do you feel the public response to the medical-marijuana issue has shown?
Berger: I think it is fair to say [that] what we are seeing is an overwhelming indication that people want the recreational use of marijuana to be legal. That is what is behind much of what we are seeing in terms of those 800-plus pot shops.

Q: What is your stance on broader legalization of marijuana for both medical and recreational use?
Berger: As somebody who upholds laws of state and city, I have to follow the law. There will come a point in time where politicians take a stand over wanting it legal completely or outlawing it completely.