41 medical marijuana dispensaries are eligible to stay in business

Los Angeles city officials announced Wednesday that only 41 medical marijuana dispensaries are eligible to stay in business under the ordinance restricting the city, a number so low that the city suspend the winnowing process and ask a judge to rule that is legal.

"It was a surprise," said Jane Usher, assistant special counsel in the city who have worked in close collaboration with the Council the draft law is complex and that the defense in court.

Instead of moving in a selection process that clearly lead to an avalanche of lawsuits clinics disqualified, the office of city attorney decided to sue first and ask a Los Angeles County Superior Court judge to determine that the city process appropriate.

"We're trying to be proactive," said Usher.

Yamileth Bolanos, who heads PureLife Alternative Wellness Center, she learned that the city had given his clinic were not eligible for continued operation. "I will not take this lying down," she said. "This is ridiculous.'ve Screwed up one thing after another. Not once have thought of the patients in Los Angeles."

Los Angeles already is tangling with about 85 clinics that have filed about 30 lawsuits opposing the procedure the City Council adopted January 26 to limit the number of dispensaries. Most of the clinics that have sued are among more than 400 ordered to close.

The city experienced a surge in the number of clinics failing to comply with a moratorium on pot-shop launched in 2007. Under the ban, only 186 were approved to operate clinics, but hundreds open, a trend that accelerated after the Obama administration said last spring that does not attack clinics that meet state law.

Judge Anthony J. Mohr presides over all the claims and has set a hearing on September 21 constitutional issues. It is unclear how quickly Mohr could act on the request, that the office of city attorney intends to present on Thursday.

"The judge has found things very quickly so far," said Usher. "There seems to be acutely aware of the damage caused to the community to leave this unresolved."

When the City Council approved the ordinance, acting on an estimate that about 130 clinics would be entitled to stay open. Under the ordinance, however, if the number fell below 70, additional clinics would be chosen in a lottery. The total number of dispensaries in the city would be capped at 70.

City officials said 169 clinics asked to be allowed to remain in operation, but 128 did not meet the strict criteria. The city clerk's office sent letters to each clinic on Wednesday notifying it of its status and also published the list on the website of the office. [Edited at 8:50 pm: A previous version of this post said 170 clinics applied to remain in operation.]

The ordinance, which took effect June 7, allowed just the clinics that were registered November 13, 2007, to operate during the moratorium. But it also had to prove ownership and management had not changed, that management had no criminal record and that the main clinic was in its original location, or had moved only once after having been expelled by the landowners who received letters DEA drug warning.

"We took a very strict interpretation of the ordinance, and if it did not match the exact order, then declared ineligible," said Holly Wolcott, senior officer of the city clerk.

The city does not try to close the clinics disqualified before a court. "As of Tuesday," said Usher, "the entities that filed notices of intent to register and comply fully with state law will not be prosecuted under the city ordinance."

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