COUNCIL OKS LOTTERY FOR POT CLINICS

Marijuana: MS Sufferer Montel Williams Gives Some Advice on Standards.

The Los Angeles City Council adopted a new law Friday creating a
lottery system for medical marijuana clinics, while also looking at a
new approach offered by television talk show host Montel Williams.

The lottery system was prompted by a court order striking down parts
of the city's new ordinance regulating clinics.

Council members were concerned that failing to act on the lottery
measure would leave the city open to the same "Wild Wild West"
atmosphere as when illegal clinics were opening throughout the city.
The council voted 12-0 to adopt the new ordinance.

"My greatest worry is we might have a gap where hundreds of clinics
open throughout the city," Council President Eric Garcetti said. "We
can go ahead on a parallel track to study changes, but we need
something on the books to retain controls."

Under the new law, clinics that can prove they were in operation
prior to Sept. 14, 2007 - when a city moratorium took effect - can
file with the City Clerk's Office to be placed in a lottery, and 100
clinics will be drawn to be allowed to open.

Superior Court Judge Anthony Mohr threw out the city's original
ordinance that sought tighter limits on the number of clinics allowed
and told the city to come back with a measure creating a lottery
allowing 100 clinics.

Senior Assistant City Attorney Jane Usher told the council that the
judge made it clear what he expects from the city and if no law is in
place the city was faced with the prospect of again seeing vast
numbers of clinics re-open with the city having no real power to close them.

"He has put our feet to the fire and the moment his injunction takes
effect, we will not be able to go back to him to say we need help to
close these clinics," Usher said. "We believe the only prudent thing
is to amend our ordinance so we have something lawful in place."

Usher said the city will return to court next Thursday to report to the judge.

At the same time, the council - at the urging of Williams - voted to
study other issues, including a closer examination of operators and
the marijuana being sold.

Councilman Richard Alarcon asked that a panel of experts be formed to
advise the city on how the measure can be improved and to allow for
an additional 10 clinics to be opened.

Williams, who has been an advocate for medical marijuana and uses it
to control the symptoms of his multiple sclerosis, expressed concern
about the quality of marijuana provided at the clinics. He has been
working with other states and cities to develop a model program.

"I have been to several of the clinics (in Los Angeles) and they are
providing marijuana I would never use," Williams said. "All the laws
are concerned with providing safe access, but they never look at
quality issues. The quality of the provider and if they know what
they are selling or the quality of the medicine provided.

"You are not solving the problem for many patients. What we have seen
is the hijacking of these clinics by people only interested in a
profit. They don't give a damn about me or the patients. They are
only trying to make money."

Williams said he has served as an informal adviser to some clinics
and cities on how their laws can be improved.

Mohr allowed the city to keep regulations regarding the location of
the clinics, such as the distances from schools and residential neighborhoods.

However, he threw out provisions requiring the dispensaries to give
police access to the identities and addresses of patients. Instead,
patients are allowed to present a county-issued medical marijuana card.

The judge also said only civil penalties for violations can be sought
by prosecutors.