A Compassionless Crackdown

Forget years of conflicting rules, hazy regulations, hard lines and soft bans. An LAPD narcotics squad has made an end-run around the city’s fumbling efforts to regulate medical marijuana, shutting down every dispensary in its San Fernando Valley division in a three-year campaign whose success just might signal the end of legal pot sales in Los Angeles. The closure this week of Herbal Medicine Care in Chatsworth ended a string of Devonshire Division busts that netted 30 guns, $2 million in cash and nine kilos of cocaine, in addition to a ton of marijuana. Seventy-four people were arrested, including several whose dispensaries were operating with the city’s regulatory blessing. “It was like a little private pogrom,” said Joao Silverstein, whose CannaMed dispensary in Northridge was shut down in August by police. “We fought for years to meet the requirements,” he said. “Every hoop the city put in front of us, we jumped through like trained seals, with the belief that we were operating within the law. Legally.”

But narcotics Det. Robert Holcomb contends that every dispensary in the city is engaged in illegal drug dealing. The state law that legalized marijuana for medical use does not allow its retail sale, he said. Neither does the city ordinance that allows collectives to exist. His team handled the operation like any other drug bust: Identify the target, conduct surveillance, make an undercover buy, arrest the sellers. They closed down 37 shops. Everyone arrested faces felony charges. “I’ve been working narcotics for 25 years,” Holcomb said. “It used to be, the hardest thing was to find the dealer. Now they put a big green cross on the door and advertise on the Internet.” More than 15 years have passed since California voters approved the Compassionate Use initiative that allows adults with a doctor’s recommendation to possess and cultivate marijuana. It’s hard to believe that its application is still such a legal muddle.

Los Angeles lawmakers spent years avoiding the issue, while hundreds of dispensaries cropped up, sometimes two or three on one block. Two years ago, the City Council approved an ordinance that was supposed to shut most dispensaries down. It limits the number and favors those that have been around the longest. The owners would pay taxes, get business licenses and apply for building permits. But that’s been stalled by legal challenges; there are hundreds of dispensaries selling marijuana in L.A. now. The council is about to consider revoking those rules and adopting a temporary ban that would forbid dispensaries but let patients and caregivers grow their drugs. “That would allow us to clear the deck and ask ‘What is the right approach to allowing access to medical marijuana?'” said Councilman Jose Huizar, the ordinance sponsor, whose Eagle Rock district has been overrun by pot shops.

Local prosecutors have always taken a hard line: Any sale of marijuana to anyone is a crime. But the crackdown in the Devonshire Division “has been particularly harsh,” said attorney SaraLynn Mandel. Her clients have had their business assets seized and personal bank accounts blocked. Those who want to go to trial are being pressured by prosecutors to plead guilty, she said, or risk having proceedings dragged out. “These are people who were adhering to what the city told them was acceptable,” she said. “In Devonshire, they don’t distinguish between people obeying the law and people who are not.”

via : LATimes

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