Last week (11/18, among the numerous other occasions) the LA City Attorney's Office once again took the stance that over the counter sales of medical marijuana are 100% illegal. William Carter, Chief Deputy City Attorney, said specifically “no where in the law allows for the sale of medical marijuana whether for profit or not for profit.” He also said, more than once, that if the legislature wanted to immunize the sale of medical marijuana, they could have easily done so, but they did not. This is a point the City Attorney's Office has been disseminating in the media for the past few weeks, and to the City Council at every council meeting on the issue.

I don't know about the City Attorney or his Chief Deputy, but I've actually read the Health and Safety Code. Both section 11362.765 and 11362.775 immunize patients, primary care givers, and groups of those two cultivating collectively from prosecution under Health and Safety code section 11360. Neither 11362.765 or 11362.775 say the immunization is only for some of the crimes listed in 11360, each section simply says that the enumerated parties cannot be prosecuted under Health and Safety Code section 11360. This is where I lose the City Attorney. Section 11360 states that it is illegal for anyone to transport, import into California, SELL, furnish, or administer marijuana. To my knowledge, there is no other statute on the California books under which someone can be prosecuted for the sale of marijuana. And, since patients, primary care givers, and groups of those cultivating collectively cannot be prosecuted for any of the crimes in 11360, that includes the sale of medical marijuana. Now granted, 11362.765 says that no one can PROFIT from the sale of medical marijuana. But that doesn't mean it can't be sold.

It seems to me that the law is in exact opposition to what the City Attorney and his associates are saying.But…this NEVER gets brought up at any of the City Council meetings. So, will someone please enlighten me on what huge issue I must be missing? How are they justifying this “over the counter sales are illegal” mantra?


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