The City Attorney’s Office and the LAPD have had their hands tied when it comes to enforcing medical marijuana laws.

On Jan. 18, the California Supreme Court essentially made the city of Los Angeles’ medical marijuana ordinance obsolete. The court will determine whether cities and counties can enact laws governing medical marijuana dispensaries, however, no date for a review has been set, and the California Supreme Court could take up to a year or more to consider the issue.

According to Jane Usher, special assistant city attorney, the decision effectively makes the city of Los Angeles’ medical marijuana ordinance “unenforceable”. The City Attorney’s Office is now calling for an ordinance that will force the closure of all medical marijuana dispensaries.

“It means we don’t have the legal guidance and clarity that we need to enact a lawful ordinance,” Usher said. “[The California Supreme Court] has decided they are going to reconcile all of the courts of appeal and speak with one judicial voice. The California Supreme Court is identifying itself as the final authority, which we believe is appropriate. They are telling the cities to clear the decks and be prepared for this legal clarity.”

The California Supreme Court reviewed a lower court decision in the case of Pack v. Los Angeles Superior Court, in which the California Court of Appeal ruled that Long Beach’s medical marijuana ordinance was invalid because it violates the federal Controlled Substances Act. The Long Beach ordinance was modeled after Los Angeles’ ordinance, so the decision to review the case effectively invalidates both cities’ medical marijuana laws.

Usher added the illegal dispensaries are considered very problematic, and that is why City Attorney Carmen Trutanich is calling for a “gentle ban”, which would allow patients with a doctor’s prescription, and their licensed caregivers, to grow their own marijuana, but would force all dispensaries to close. The proposal has been forwarded to the city council, and a formal date has not yet been set for review.

Capt. Bill Hart, who heads the Los Angeles Police Department’s Gangs and Narcotics Division, said medical marijuana dispensaries cause problems in the community, and are frequently a target for criminals. Hart, a former patrol captain at the LAPD’s Wilshire Division, said there have been numerous instances of robberies and murders occurring at medical marijuana dispensaries throughout the city. A shooting occurred Tuesday night outside a medical marijuana dispensary in Tarzana. Hart added that the LAPD works in concert with the City Attorney’s Office to enforce the laws regarding dispensaries, and just because the city’s medical marijuana ordinance is unenforceable pending the court ruling, there are other ways authorities can make sure the laws are being obeyed.

“Many of them are not operating properly, and may be operating as a for-profit business, which is not the way they are supposed to be run. There is a state law barring the sale of marijuana, and we can and do enforce those laws,” Hart said.

“We respond to community complaints about these locations, as we respond to any complaints about illegal narcotics activity. We proactively check these places and the community does report the crimes. There are also quality of life issues we handle, such as loitering, trash and secondary sales, and that type of activity should be reported to the local police stations or the senior lead officers. I don’t want to give the impression that we are ignoring them. If they are violating the law, then we will take a look at that.”

Assistant City Attorney Asha Greenberg, who oversees enforcement operations for the City Attorney’s Office, said the dispensaries are targeted for prosecution based on complaints received from law enforcement, the community and other sources, such as city council offices. Greenberg said three dispensaries in the Wilshire area have been closed in the past two months through lawsuits, including the La Brea Collective at 812 S. La Brea Ave., Little Ethiopia at 1051 S. Fairfax Ave., and Organic Heaven at 5719 Melrose Ave. All three of those dispensaries were in violation of a state law preventing dispensaries from being within 600 feet of a school. Greenberg said there also numerous cases pending in various stages of litigation.

“We are doing everything we can in light of the state of the law, and unfortunately, the dispensaries take advantage of that,” Greenberg said. “We do file lawsuits under the statutes available to us, and that sometimes makes the proceedings very lengthy and protracted. It can make it very difficult to shut these places down.”