Legal News

Second preliminary ruling in L.A. issued against med-marijuana dispensary

By Richard Binder

Judge James C. Chalfant issued a preliminary injunction yesterday against Organica, a popular medical marijuana dispensary, from selling or distributing the drug. At the hearing, Chalfant said he believed the state's laws were intended to allow medical marijuana patients and caregivers to form collectives to grow pot together and share the harvest, but not to sell it like a product in a retail store.

Asha Greenberg, the assistant Los Angeles city attorney who is handling the case, said Chalfant's decision should make it clear to the city's dispensaries that selling marijuana is illegal. Los Angeles County Dist. Atty. Steve Cooley and Los Angeles City Atty. Carmen Trutanich have also pressed that view.

David Welch, the lawyer for Organica and its operator, Jeff Joseph, argued that cash contributions for marijuana are just one way that collective members contribute. He dismissed Chalfant's conclusion as merely an opinion.

The Organica case and Chalfant's similar preliminary order against Hemp Factory V in Eagle Rock are slated to go to trial.

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Full post as published by Legal Pad | LA on April 14, 2010 (boomark / email).