photo by Edwin Folven Dispensaries such as this one had proliferated on Melrose Avenue in 2009, but most will now be forced to close.

The Los Angeles City Council approved an ordinance regulating medical marijuana dispensaries on Tuesday that is designed to force illegal operations to close while allowing access for patients who have a legitimate need for the drug.

The approval ends a four-and-a-half year process where the city council tried to get a handle on medical marijuana dispensaries. A moratorium on new dispensaries had been in place since 2005, but nearly 1,000 of the facilities opened illegally throughout the city, including 14 in the Melrose Avenue shopping district. The new ordinance caps the number of dispensaries at 70, but may allow up to 150 because the city council will allow dispensaries that had registered with the city before the moratorium to reapply for a new permit. The ordinance contains numerous restrictions designed to protect residents from the proliferation of dispensaries, such as a 1,000-foot buffer zone between the dispensary and sensitive uses such as a school, library, community center or religious institution. The dispensaries are also prohibited from being next to, or across the street or alley from, any residences. In addition, dispensaries would be required to close at 8:00pm and no on-premises consumption of the drug will be allowed. Dispensaries would be required to make a cash drop twice a day to prevent them from becoming a target for robberies, and would be required to hire a security guard to patrol within the surrounding community. Patients would only be allowed to be a member of one dispensary or collective, and the dispensary owners could only operate one outlet. Owners must also keep detailed records on the patients and will be required to submit to annual audits by the city and the police department. No suggestive signage with marijuana leaves or other paraphernalia will be allowed.

Los Angeles City Councilman Paul Koretz, 5th District, said the new ordinance will address the situation on Melrose Avenue, where the dispensaries are spread between Fairfax and Highland Avenues. An alley runs between the businesses and residences on both sides of Melrose Avenue, which will effectively force all of the dispensaries that currently exist there to close, Koretz added.

“The alley requirement as it is written now would eliminate almost all of the dispensaries on Melrose, and would probably eliminate almost all of the dispensaries in the Fifth District,” Koretz said. “I think what will happen is we will have either zero or one dispensary left on Melrose.”

The ordinance does not go into effect until the city’s Chief Administrative Officer determines the amount the dispensary owners will have to pay the city in administrative fees for the cost of enforcement. The process is likely to take approximately 30 days, at which time the city council will cast a final vote to enact the ordinance. It must also be signed by Mayor Antonio Villaraigosa, who has already indicated he approves of regulations.

Many members of the council said they believe the new ordinance will enable the city to properly regulate the dispensaries. Councilman Ed Reyes, 1st District, helped craft the ordinance as chair of the city council’s Planning and Land Use Committee (PLUM), and added that the dispensaries may now be forced into commercial districts, which will protect local neighborhoods.

“A vast majority of these places are currently on the Westside, or the more affluent side of town, and as a result of this ordinance, you’re going to have a flip-flop,” Reyes said. “Eighty percent of these places will be required to close, and the others will have to find a new place to operate.”

Other members of the council remained steadfastly against the ordinance, including Councilmembers Bernard Parks, 8th District; Jan Perry, 9th District, and Bill Rosendahl, 11th District. Parks, a former chief of the Los Angeles Police Department, said federal law still stipulates that marijuana is an illegal drug, and he could not vote for any ordinance that allows its use. Rosendahl has said that the ordinance is too restrictive and limits access to ill patients.

Paul Lerner, a resident of the Melrose District who helped form the Melrose Action Neighborhood Watch, said he has been monitoring the dispensaries for more than a year and believes they are a threat to public safety. He said he was pleased to learn that the ordinance has passed, and added that he hopes the dispensaries on Melrose Avenue will be forced to close soon.

“Miracles do happen, this is great news for our community,” Lerner said. “We have been inundated with illegitimate marijuana stores, so this should be a big step in getting those nuisance locations closed down. Our major concern was always crime, but when these places finally do close down, I think Melrose Avenue will look a lot better.”

Frank Mateljan, a spokesman for the Los Angeles City Attorney’s Office, said once the ordinance goes into effect, letters will be sent to the dispensaries letting them know they are operating illegally and must close.

“We will send out compliance letters to the various collectives, and we will have to see how many of them comply with the ordinance,” Mateljan said. “Our ultimate goal is to get compliance and get them to shut down, but if they don’t, we will begin criminal proceedings.”

Mateljan said the City Attorney’s Office expects about one-third of the dispensaries to close voluntarily. The owners of dispensaries that do not close will face criminal prosecution that could lead to steep fines and jail time.