Is It Too Late To Stop LA’s Ban?

City of Los Angeles Speaker Card

If medical cannabis patients and their advocates are waiting to speak-out against the citywide ban on collectives until the day the Los Angeles City Council takes its final vote , it will be too late.   LA City Council acknowledges that it only puts items on the agenda for a vote when the item has enough support to pass.  Similarly, since the ban has had two public hearings in committee already, the Council can choose to not take any public comment on the day of the vote, however, unlikely.  What is likely is that anyone who signs up to speak on the day of the final vote will get a minute or less to speak on a matter that has already decided. 

Patients who want to oppose the ban must do so NOW while council members are deliberating the issue behind closed doors.  Some of the LA City Council members are conflicted over the ban and appear to favor reasonable regulations instead of inevitable continued lawsuits.  Hearing from hundreds of concerned citizens helps sway votes by giving law makers the ‘political safe space’ to act by demonstrating that his/her constituents support a specific position. 

What Can Patients Do To Help Stop The Ban?

YOUR voice is YOUR vote.  Make phone calls, send emails or faxes to LA City Council.  Attend any LA City Council meeting before the final vote and speak during general public comment.  You can learn who your council representative is as well as the council representative of your favorite collective by visiting http://lacity.org/index.htm.

In the middle of the page is ‘Neighborhood Resources’ where you type in your street address/address of your collective to learn whom your council rep is.  You can get all of the necessary contact info from the council member’s web page. 

Form letters are NOT effective as a form letter is not YOUR voice.  It is the voice of a special interest getting you to support THEIR position.  Support your OWN position.   If form letters worked, then prohibition would have ended decades ago. 

What Should Patients Say, Write To The LA City Council?

If patients wish to speak during general public comment, see http://panorg.blogspot.com/2012/06/patients-want-to-stop-ban-on-las.html for detailed information about the Brown Act, filling out a speaker card and preparing a two-minute statement.  You do not have to speak for a full two minutes.  Statements can be brief and to the point.  Some like to educate the Council with facts as the Council is making up their own.

When writing to Council, think similarly.  You want to be courteous, concise and accurate.  You want to state your position in the first or second sentence or your message may get ‘lost.’ 

Make your statements true to you and your circumstances.  Here are a couple examples:

General Public Comment – “Good Morning Councilmembers.  My name is Patient Mary Jane and I live and vote in Silver Lake.  I oppose any ban on our City’s medical marijuana dispensaries.  I am very ill and cannot grow my own.  I do not want to be forced to the black market.  Please do not turn me into a criminal.  Please draft workable regulations like other cities such as West Hollywood, Palm Springs and San Francisco where collectives are NOT suing the city.  Please vote NO on banning collectives.   I thank you for your time and consideration. “

Written Comment – “Dear Councilmember…  I write to oppose any ban on our City’s medical marijuana dispensaries.  I am a long-time resident and voter in Silver Lake but I am too ill to grow my own medical-grade cannabis.  I have come to rely on ‘The Best Silver Lake Caregivers’ for my medical cannabis needs.  The patient consultants there have always taken good care of me and I always feel safe when I’m there.  Please do not push patients to the black market and turn us all into criminals.  Collectives like ‘The Best Silver Lake Caregivers’ deserve workable regulations and a fair hearing process for a City permit.  Cities such as West Hollywood, Palm Springs and San Francisco have workable regulations and are not burdened with scores of lawsuits.  Los Angeles should take note and learn from our sister cities.  I thank you for your time and attention to this matter.  As my Council Representative I kindly ask for the favor of your reply.  Sincerely, Patient Mary Jane  -  (310) 420-KIND mary@patientjane.com

If patients choose to write to Council, they should still make public comment during one of the upcoming Council meetings – even if it’s to read your letter (or a 2-minute portion of it).  Council does not always acknowledge correspondence and your voice-vote will not be counted unless a speaker card is submitted. 

Contact PAN if you have any questions or wish to host a patient empowerment event. 

Patients Want To Stop The Ban On LA's Medical Cannabis Collectives

The Late Richard Kearns speaks before LA City Council

The magnitude of LA’s upcoming ban appears to be sinking in with some.  PAN is receiving numerous inquires from concerned patients wanting to know how to stop this ban.  Below we try to best answer your questions.

What’s Going On? -

The resolutions to ban LA’s collectives are quickly moving through Council committees and will be up for a vote by the full Council as early as next week. 

See:

http://clkrep.lacity.org/onlinedocs/2011/11-1737-s1_mot_11-23-11a.pdf

http://clkrep.lacity.org/onlinedocs/2011/11-1737_MOT_10-12-11.pdf

http://clkrep.lacity.org/onlinedocs/2008/08-0923-s17_mot_5-9-12.pdf

The final committee hearing is Friday, June 8, 2012, at 8:30 a.m. at Van Nuys City Hall - 14410 Sylvan St., Van Nuys, CA 91401.  The resolution is being heard by the
Council’s Public Safety Committee and will move on to the full Council for a final vote soon after, potentially next Tuesday's Council meeting or ANY meeting thereafter.

See:

http://ens.lacity.org/clk/committeeagend/clkcommitteeagend2777497_06082012.pdf

City Hall is only required to give 72-hour notice before any committee, commission or Council hearing or vote on a matter.  Patients and their advocates must remain poised and informed in order to participate in these public hearings. LA City Council meets three days per week: Tuesdays, Wednesdays and Fridays.  The City posts agendas and supplemental agendas daily.

What Can Patients/Advocates Do To Stop The LA Ban? * –

It is always critical for as many patients and advocates to sign up to speak as possible anytime medical cannabis is on the agenda here in LA. Not just the same people at every meeting - new faces all the time.

This participation takes place during the ‘public comment period’ of the meeting.  The public’s right to be notified and allowed to speak at official meetings affecting public policy is protected by the Brown Act.

See:

http://ag.ca.gov/publications/2003_Intro_BrownAct.pdf

There are ‘speaker cards’ available in the hearing room.  You will need to provide some basic personal information on the speaker card.  Street address is not necessary but including your LA neighborhood or zip code is very helpful.  You will need to indicate on the speaker card if you support or oppose the agenda item.  You will need to include the agenda item number and ‘council file number.’

For the sake of this Public Safety Committee hearing, patients are concerned with agenda item 6, council file number(s) 11-1737, 11-1737-S1 and agenda item 7, council file number 08-0923-S17.  Please refer to the link to the agenda above for details. 

Speaker cards are turned into the meeting’s clerk at the beginning of the meeting and names are called at the appropriate time.  Brown Act allows for up to two minutes for each person to speak.  However, because other bodies have heard these resolutions already, it is likely speakers will only get one minute to speak at the hearing on Friday.

Speakers need to provide their name and neighborhood of residence at the beginning of their comments.  It is best to write down your comments, practice them and time yourself.  One minute goes very fast.

PAN has received many inquiries as to what patients should say.  It is most important that patients speak from the heart but remain courteous, concise and accurate.  Some of the things patients might include in their comments are:  being a register voter; being a patient, veteran, cancer survivor; stating how important your collectives are to you, quality, safety, affordability, not wanting to turn to the black market, etc.

Here is an example script that patients can make unique and personal which is important to elected officials.  Not all of this info is necessary but just ideas on things patients can touch on when speaking. 

“Good morning council members, my name is…. I live in…”

“I am a (medical cannabis patient/[ailment] sufferer/survivor, war veteran, disabled, low-income, in government housing/a care home, can’t grow my own…).”

“I am a (your professional area of expertise – teacher, doctor, lawyer, collective staff…).

THE ASK – “I urge you to (delay any ban; look at the regulations working in other cities such as West Hollywood, San Francisco, Oakland; follow State law; protect patients’ rights;

“Don’t take away my right to safe, affordable access.”

“Don’t send me to the black market.”

“I vote.”

“I thank you… for your time and attention.”

You do not have to speak the full time allotted to you.  You can simply state your name and neighborhood and that you support or oppose the ban.  You can state that you agree with comment already made by others.  If public speaking is truly not your thing, you can fill out a speaker card and check all the correct boxes and waive your time when you are called.  The clerk will still record your speaker card stating your support or opposition.

How Many Patients Need To Show Up To Make A Differnce? **  –

Typically, when items are agendized at LA City Hall, they become law. If the current participation by a hand full of patients is the status quo, then the L.A. ban will definitely pass.

If 500 - 1,000 advocates (patients/operators/attorneys/doctors, etc.)  sign-up for public comment on day of the final Council vote while 5,000 - 10,000 patients peacefully rally outside City Hall, that may get enough of City Council's attention to consider amendments, tabling the vote, looking at alternatives...

These numbers are not arbitrary: 500 will fill the Council Chamber; 1,000 will require the fire marshal to put out the ropes in the hallway and safely line up all of the other speakers; 6,500 - 12,000 is the average range of votes that each council member received to win their current seat. For example, Tony Cardenas received 4,788 votes in the last City election while Paul Krekorian received 12,692.

Patients can sign-up for email updates from PAN to learn when LA City Council will hold its final vote. Contact PAN to learn more about organizing your group.

*  Should the ban pass, collectives are encouraged to seek legal counsel.  

** Should the ban pass, patients are encouraged to participate with Patients For Compassionate Use Policies, PAN’s sister Political Action Committee, in a local voter initiative to overturn the ban and put enforceable, workable regulations in place.  Contact director@compassionatepolicies.org to get involved. 

LA Rapidly Moves Forward To Ban Dispensaries

LAPD testifies before LA City Council regarding dispensary ban.

To:  ALL Medical Cannabis Patients and Caregivers Who Are Members Of
Collectives Within Los Angeles City Limits

From:  Patient Advocacy Network

RE: Los Angeles City Council Rapidly Moves Forward To Ban Dispensaries –
Final Vote As Soon As Tuesday, January 31, 2012

Today the City Planning Commission voted to approve city staff
recommendations (city attorneys, planning department and council staff
[Huizar & Englander – present; Parks & Perry – not present]) to BAN
‘medical marijuana businesses’ in the City of Los Angeles.  The City
Attorney’s office is calling their new law a ‘gentle ban’ because it still
allows for the activities that they think State law intended but bans
storefront medical marijuana dispensaries.

The commission’s vote was transmitted to council today meaning that it
could appear on the next LA City Council agenda for a final vote as soon
as Tuesday, January 31, 2012.


WHO!   WHAT!   WHEN!   WHERE!   HOW!


Who:  ALL members of ALL collectives in LA city limits directly to the LA
City Council


What:   SAVE OUR COLLECTIVES
The LA City Council must hear your voice.  The same 10 – 30 faces have
appeared at City Hall advocating for safe, enforceable regulations for
LA’s dispensaries for the last 6 years.

YOUR VOICE MATTERS!

The only way your voice is counted on any issue in LA is to file a Speaker
Card at the beginning of any council, committee or commission meeting. 
When your name is called, you get 2 minutes to address the council.  When
medical marijuana is not on the agenda, you can speak about the topic
during ‘general public comment.’  When the topic is an agendized item, you
speak your 2 minutes when the item is called to the floor.


When:  This Friday, January 27, 2012, 10:30 a.m.
Tuesday, January 31, 2012, 10:30 a.m. (may be the day Council votes)
Wednesday, February 1, 2012, 10:30 a.m. (if it’s on this agenda instead)
Tuesday, Wednesday, Friday is the council’s weekly meeting schedule


Where:  Los Angeles City Hall, 200 North Spring Street (Downtown), Room
340 Public entrance is on the Main Street side of the building.  Have ID. 
You /your bag go through detection devices, like court.


How:  Never done this before?  Don’t know what to say?
You will state your name and then identify yourself as a constituent or
stakeholder in the city. “I work downtown,” “I live in the Valley,” etc. 
You then want to clearly voice your support or opposition to their
proposal.  “I oppose this ‘gentle ban,’ I support my dispensary,” etc. 
Make your story personal.  “I’m a cancer survivor, veteran… Medical
cannabis helps me…. My collective is so important to me because…. I rely
on more than one collective because….”  Remind them you support or oppose
the proposal and thank them for their time and consideration.   Write it
out, read it out loud, time yourself, edit, repeat.

BE PREPARED!  Prepare a 2-minute and 1-minute version of your comments. 
When a lot of people show up to speak, the council may choose to limit
your time to 1 minute.

Contact PAN if you have any questions.

LA City Council To Consider Dispensary Ban

On December 15, 2010, Los Angeles Councilmembers Bernard Parks, Jan Perry and Greig Smith referred a motion to repeal LA’s dispensary ordinance to the Planning and Land Use Management Committee and requested that the City Attorney draft language to ban collectives in the City. (Link to motion: http://clkrep.lacity.org/onlinedocs/2008/08-0923-s14_mot_12-15-2010a.pdf )

Councilmembers Ed Reyes, José Huizar and Paul Krekorian sit on the PLUM Committee and will vote on whether to move the motion forward. Council will return to its regular meeting schedule the first week of January 2011.

The agony of defeat is driving the movers of this motion. Parks, Perry and Smith have actively worked to unravel any progress on a workable ordinance for five years. The recent court decision by Judge Anthony J. Mohr to issue an injunction against the City of Los Angeles, ruling that provisions in the current ordinance violate equal protection, due process and patient privacy, has put egg on the faces of those adversaries. (Link to story: http://www.latimes.com/news/la-me-1211-pot-injunction-m,0,1172776.story ) These officials have treated patients like ignorant, second-class citizens with no rights. Patient Advocates knew it would take a judge to reveal the error of their ways.

As a result Parks, Perry and Smith are spiteful and vengeful. Instead of acting in accordance with their constituents, they would rather tie up City resources in lengthy, expensive lawsuits that the City will continue to lose. Patients and their collectives are prepared to fight this for as long as it takes. Banning collectives already authorized to remain open during the registration process or those that have won their injunction is only going to cause the City further legal grief. But Parks, Perry and Smith are too arrogant to consider the legal ramifications of their actions. They have taken a page out the Carmen Trutanich Bully Handbook.

Patients are encouraged to contact LA City Councilmembers about their concerns. PLUM Committee members will hear the matter first. Parks, Huizar and Krekorian are up for re-election in March along with Tom LaBonge, Tony Cardenas and Herb Wesson. LaBonge and Wesson have also been hostile toward patients. Councilmembers Janice Hahn, Paul Koretz and Bill Rosendahl have tried to be the most help to us and most likely will adamantly speak out against this motion. Councilmembers Ed Reyes and Dennis Zine were heavily involved with drafting early motions, a draft ordinance and a working group. Both officials had best intentions but had their hands bitten by the City Attorney’s office and has left them bitter regarding our issue.

Contact PAN if you have any questions about contacting your elected officials.

copyright © 2010 Degé Coutee



councilmember.reyes@lacity.org
councilmember.krekorian@lacity.org
councilmember.zine@lacity.org
councilmember.labonge@lacity.org
paul.koretz@lacity.org
councilmember.cardenas@lacity.org
councilmember.alarcon@lacity.org
Councilmember.Parks@lacity.org
Jan.Perry@lacity.org
councilmember.wesson@lacity.org
councilman.rosendahl@lacity.org
greig.smith@lacity.org
councilmember.garcetti@lacity.org
councilmember.huizar@lacity.org
janice.hahn@lacity.org