On Jan. 26, the Los Angeles City Council voted 9-3 to regulate medical marijuana dispensaries. Unfortunately, the brief history of dispensary regulation in L.A. shows that such efforts are futile and will likely lead to more felony prosecutions. According to the ordinance, dispensaries are to be limited to 70 with exceptions for those registered properly and currently in operation.

I never understood the premise of dispensary regulation through policing. The council’s prior moratorium was disrespected both by dispensaries who opened in the wake of it and police who prosecuted regardless of whether the establishment opened in violation or compliance with the moratorium. If instead of prosecuting dispensary owners as felons the city attorney was either simply closing dispensaries that do not have licenses or citing them with civil infractions, that would be far superior to the current situation.

Although the media portrays California as the Green Rush, a place where nearly everyone is making millions from dispensing marijuana to people who aren’t really sick, the reality is that small dispensary owners are being prosecuted with felony possession for sale charges when they have not illegally sold marijuana. The District Attorney’s position is that all sales are illegal even though case law clearly suggests the contrary.

The free market will regulate dispensaries. The City Council does not have to. We don't need to give law enforcement more excuses to execute search warrants on dispensaries and make more felons out of people with no criminal intent.

Criminal defense attorney Allison Margolin practices state and federal criminal law in Los Angeles. She's also known as "L.A. Dopest Attorney."


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