Author: Riley Kimball
Los Angeles Superior Court Judge James C. Chalfant issued an injunction to prevent Hemp Factory V, an Eagle Rock medical marijuana dispensary, from selling cannabis on Jan. 30.
This initial decision is the first official action by a Los Angeles judge to call into question the legality of the widespread practice of selling marijuana out of collectives after the Marijuana Control, Regulation, and Education Act was adopted in 2000. If Los Angeles, represented by City Attorney Carmen Trutanich, wins the trial against Hemp Factory V, it could potentially establish a precedent making the sale of medical marijuana by collectives illegal.
Hemp Factory V, the dispensary located west of Eagle Rock Plaza on Colorado Boulevard, is under trial and scrutiny not only for selling marijuana but for several other violations within these sales.
The dispensary purportedly sold marijuana that contained illegal levels of pesticides, according to the Los Angeles Times. In addition, the city alleges that much of the dispensary’s product was incorrectly labeled regarding its strain and potency. Should the city win the trial, regulatory standards imposed by the city and state could change significantly.
Pesticides were detected in Hemp Factory V’s product in several instances since July 2009, when undercover police officers began purchasing the marijuana from Hemp Factory V for testing, according to the Los Angeles Times. After again failing tests in October, a temporary restraining order was placed on the collective that prohibited it from selling contaminated marijuana.
The dispensary’s owners may also be charged with violating California’s Sherman Food, Drug and Cosmetic Law, due to the improper labeling of its products. If the city decides to enact the law at trial, it would be the first time the Sherman Law would be extended to include medical marijuana.
Medical marijuana use has been legal in California ever since a state-wide initiative passed in 1996. The patients’ and caregivers’ right to cultivate marijuana for medicinal purposes was granted in the passage of the state law in 2003. This bill gave rise to the huge number of dispensaries all across California, despite unclear wording in the bill leaving the sale of marijuana dubiously legal.
Today, Eagle Rock has one of the largest concentrations of these collectives anywhere in the city, according to NORML, a leading marijuana advocacy group.
Hemp Factory V’s closing may begin to alleviate concerns by Oxy’s administration and Eagle Rock neighbors of marijuana use on campus. Dean of Students Barbara Avery said that some of the school’s neighbors voiced their concerns about the number of nearby dispensaries in a meeting between administrative officials and Eagle Rock neighbors.
Certain members of Oxy’s faculty also believe that marijuana use among the student body is too prevalent. “There seems to be more marijuana use than I’m used to seeing on a college campus,” said Assistant Dean of Students Tim Chang, “and I do think that the mainstreaming of marijuana use is dangerous.”
Detection of marijuana and the repercussions that accompany such findings have increased within the day-to-day operations of Occidental, Director of Campus Safety Hollis Nieto said. “We have seen an increased usage of marijuana on campus in recent years,” she said.
Nieto confirmed the prominence of the drug within residence halls and reported that her office is working to curb the amount of marijuana on campus.
Regardless of the court’s decision regarding Hemp Factory V, California’s debate over the legality of marijuana will continue, at least until next election season. With 700,000 signatures, a proposition to completely legalize marijuana and impose regulations similar to those governing tobacco and alcohol, will appear on next November’s ballot.
The ballot initiative is supported by A.B. 390, San Francisco lawmaker Tom Ammiano’s bill advocating legalization.
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