People Ex Rel. Feuer v. Progressive Horizon, Inc.

Because of the proliferation of medical marijuana businesses in the City of Los Angeles (City), in 2013, City voters approved the Medical Marijuana Regulation and Taxation Ordinance (Proposition D). (L.A. Mun. Code, §45.19.6 et seq.) Proposition D bans medical marijuana businesses, but grants certain qualifying businesses a limited immunity from enforcement of the ordinance. Immune medical marijuana businesses may continue their operations if they comply with the numerous restrictions enumerated in Proposition D. (L.A. Mun. Code, §45.19.6.3.) Among Proposition D’s requirements for limited immunity is that a medical marijuana business “identify ... its Managers to the City Clerk by October 31 of each year and . . . publicly display at the location of the medical marijuana business the results of an annual LAPD LiveScan background check to be completed by January 31 of each year.” (L.A. Mun. Code, § 45.19.6.3, subd. M.)

Defendant Progressive Horizon, Inc. (Progressive), is a medical marijuana business, claiming the privilege of Proposition D’s limited immunity. Michael N. Feuer, as attorney for the City, and on behalf of the People, filed a complaint against Progressive…