Several miles from Silver Lake along the Miracle Mile, the low beat of hip-hop music echoes off the high ceilings of St. Andrews Green on La Brea Avenue. Natural light seeps in through skylights. Three college kids sit at a small table smoking a hookah. Two other young men stand at the bar near five glass bongs with chunks of ice. An attractive couple sits at another table off to the side playing chess. A massive plasma TV is set to ESPN.
St. Andrews Green is one of the few Los Angeles shops that still lets people toke up on-site. It's open until midnight and offers free Wi-Fi. People watched the Super Bowl here.
PHOTO BY JENNIE WARREN
Yamileth Bolanos, Pure Life Alternative Wellness Center on La Cienega: "I begged them to regulate."
PHOTO BY JENNIE WARREN
A sign at St. Andrews Green dispensary warns customers of what's to come.
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Stella Archibald, 28, is the manager. The last dispensary where she worked was more like California Caregivers Alliance in Silver Lake — austere and antiseptic.
"This one's definitely more laid-back," she says. "It definitely leaves room for bad situations, as far as kids hanging out here all day. But good situations as well, as we have patients that need to medicate. There's a guy who comes in all the time — he has cancer, glaucoma and diabetes. He came here last week, he was just so overwhelmed and tired. He couldn't move. So he sat here for an hour and medicated. I gave him some fruit and orange juice and just let him relax."
It would be easy to assess a place like St. Andrews Green as one of the bad ones: It offers happy hour from 2:20 p.m. to 4:20 p.m. and a free joint or edible with any purchase. But patients are getting treated here. Archibald figures that about 40 percent of her customers are healthy, but many sick people don't look sick.
My mother didn't look sick, either.
The funny thing is that Archibald says St. Andrews Green is following the rules, or at least trying. But she's wrong — as are all the city's marijuana dispensary owners.
Because there are no rules.
Confusion permeates every aspect of medical marijuana in L.A. Patients aren't sure if they can smoke in public. Dispensaries seem unsure as to where they can open or what permits they need. Trutanich has publicly accused dispensaries of buying from Mexican drug cartels, but this seems highly unlikely, given the quality of weed most Californians now expect.
No one even knows how many dispensaries there are — 372 filed for tax-registration certificates, but LAPD counted 580 of them last year. One consultant guesses 1,000.
And then there is the ban proposed by Huizar.
As a special assistant city attorney, Jane Usher has spearheaded Los Angeles' approach to medical marijuana, coining the phrase "gentle ban" to describe Huizar's proposal. The ban would make it illegal to exchange money for marijuana.
Usher calls Los Angeles' current ordinance, passed by the City Council in 2010, "unenforceable," thanks to as many as 75 pending lawsuits, as well as a recent and important ruling, Pack v. City of Long Beach, issued by the California Court of Appeal for the Second District in downtown Los Angeles.
The appellate court found in Pack that Long Beach's regulatory law, patterned after L.A., is unconstitutional because it preempts federal law by tacitly legalizing weed dispensaries.
The California Supreme Court intends to rule on whether Pack and other decisions will stand. But that could take two years, leaving Los Angeles in the grip of a pitched debate.
Some L.A. officials — including Usher and Huizar — say that the Pack decision destroys the city's ability to regulate dispensaries in any way. So, they suggest, L.A. has no choice but to ban them.
Recently a guest on KCRW's Which Way L.A., Councilman Huizar declared: "There is no law in the city of Los Angeles today that says what dispensaries can and cannot do. ... What we have is de facto legalization."
Usher assigns great meaning to the fact that the same day the California Supreme Court announced it would take up the Pack decision, it also refused a request from the medical weed industry to stop Long Beach from enacting a ban.
"The message [from the Supreme Court] is loud and clear," says Usher: " 'Clear the decks, because we're going to tell you how to write a lawful ordinance.' And in the meantime, [the justices] are hopeful the status quo bans will be in place."
David Berger, a British-born lawyer who ran against victor Carmen Trutanich and Jack Weiss for city attorney in 2009, is a vocal critic of L.A.'s crackdown and Huizar's ban. He says the city should fight the Pack ruling and calls Usher's legal interpretation "about the most ridiculous excuse I've ever heard!"
Huizar's medical marijuana proposal is less like a gentle ban and more like a prohibition that would put the city in sync with the hard-line approach now being pursued by the Obama administration.
Two years ago, Deputy U.S. Attorney General David Ogden announced that the feds wouldn't go after dispensaries that complied with their own state laws, which set off a profusion of dispensaries opening in Los Angeles. But later, in a major flip-flop, Deputy U.S. Attorney General James Cole declared that only "seriously ill" patients and their caregivers were safe from arrest. And Cole warned financial institutions that they could face money-laundering charges for handling the proceeds from dispensaries.