People v. Trinity Holistic Caregivers, Inc.

I. INTRODUCTION

On May 21, 2013, the voters of the City of Los Angeles (City) approved Proposition D, a measure placed on the ballot by the City Council to regulate medical marijuana businesses (MMB’s). (See City Ordinance No. 182,580.) This measure superseded previous City laws concerning MMB’s, and enacted Los Angeles Municipal Code (LAMC) section 45.19.6.2, subdivision A, making it a misdemeanor to “own, establish, operate, use, or permit the establishment or operation of a [MMB] . . . .”

Proposition D also enacted LAMC section 45.19.6.3, which provides limited immunity from prosecution for violating LAMC section 45.19.6.2. In order to qualify for this limited immunity, among other things, the MMB was required to legitimately be in operation as of the September 14, 2007 effective date of City Interim Control Ordinance No. 179,027 (ICO)—an ordinance which previously regulated the operation of MMB’s. (LAMC, § 45.16.6.3, subds. A &

B.)

Here, we interpret two restrictions on the applicability of the limited immunity: (1) LAMC section 45.19.6.3, subdivision B, which requires that the MMB have registered with the City Clerk in 2007 in compliance with the ICO; and (2) LAMC section…