You don’t have to be stoned in Los Angeles to be lost in a haze about the status of legalized medical marijuana.

Federal law has criminalized marijuana since the early part of the last century. California gave medical marijuana a green light in 1996. In 2004, the state authorized non-profit cooperatives to sell medical marijuana. Los Angeles passed a city ordinance in July that bans it. And a few days ago, the L.A. city attorney said the ordinance, which was about to take effect, won’t be enforced while petitions to put the local ban on the ballot are counted.

Still, “Notwithstanding the stay on enforcement of Ordinance 182190, the business of medical marijuana continues to be an unpermitted land use in the City,” according to a letter posted by City Attorney Carmen Trutanich. 

As if the conflicting laws weren’t confusing enough, early in 2011, U.S. Attorney General Eric Holder said the federal government had no interest in enforcing federal marijuana laws that would impact medical marijuana. By the end of the year, his U.S. Attorneys were closing pot dispensaries throughout California and talking tough about their illegality. In June of this year, Holder testified before Congress that he didn’t have a problem with medical marijuana and denied any crackdown.

Meanwhile, multiple court cases involving medical marijuana are working their way through state and federal courts, generating even more conflicting smoke signals.

The official count of pot dispensaries in Los Angeles is around 760, but by some estimates they number more than 1,000. When the city council passed its ban in July, it grandfathered in 182 pot shops that existed before 2008 and allowed them to stay open if they met certain criteria.

Activists filed a petition with the city last week to put the local dispensary ban to a vote of the people. They needed 27,425 signatures and said they gathered 50,000. The city clerk’s office will count them and release an official tally of legitimate signatures within 15 to 45 days.

The dispensary ban will be on hold until the count is completed. If enough signatures are certified, the ban would be held in abeyance until the city council repeals the ordinance, schedules a special election on the issue or puts the measure on the March 5 ballot.  

–Ken Broder

To Learn More:

For Now, City of L.A. Won't Enforce Ban on Marijuana Dispensaries (by Kate Linthicum, Los Angeles Times)

Pot Shot: Patients Sue to Stop L.A. Marijuana Dispensary Ban (by Robyn Hagan Cain, FindLaw)

Activists File Petition to Overturn L.A.’s Medical Marijuana Ban (L.A. Biz)