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Attorney Brian Michaels suspicious of City Attorney Letter

On the eve of the so called Sunset Ban on all Medical Marijuana clinics in the City of Los Angeles, the presiding Los Angeles City Attorney Carmen Trutanich issue a letter indicating City enforcement is suspended. According to the Los Angeles Times:

"Los Angeles city officials say they will not enforce a ban on medical marijuana dispensaries that was due to go into effect Thursday, but they continued to contend that dispensaries are illegal.

In a letter posted on the city's website, City Atty. Carmen Trutanich said a recent ordinance banning pot shops will be suspended until election officials can verify the legitimacy of around 50,000 signatures submitted by dispensary supporters last week to qualify a ballot measure to overturn the ordinance.

If the signatures are certified and the referendum is approved by the Los Angeles City Council, the ban will be suspended until next March, when it would be on the primary election ballot.

Still, Trutanich opened the door for enforcement before then, saying pot shops are unpermitted and violate land-use laws.

"The business of medical marijuana continues to be an unpermitted land use in the city," he said, noting that a business tax registration certificate "does not constitute a license, permit, or land-use approval."

In the past, the city has sought to shut down some dispensaries for violating city land use laws. As of July, when the council passed the ban, there were 762 dispensaries registered with the city."

We aren't so sure. There are mixed messages coming from the City and Trutanich who blames his recent loss in the District Attorney race to the Medical Marijuana industory. If Trutanich decides not to run for another term he will be a lame duck with nothing to lose by enforcing the ban, inititative or no initiative. Report any City Enforcment actions to my office so we can keep people up to day.

12/10/12

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