Pubdate: Wed, 08 Aug 2012
Source: Grunion Gazette (Long Beach, CA)
Copyright: 2012 Grunion Gazette
Contact:  http://www.gazettes.com/
Details: http://www.mapinc.org/media/3434
Author: Jonathan Van Dyke

SIDES PREPARE FOR COMPLETE MARIJUANA COLLECTIVE BAN

The medical marijuana landscape in Long Beach will shift again, if
just a little bit, this Sunday, when an exemption runs out and all
dispensaries will be considered illegal in the city. The issue,
however, is far from finished.

Currently, the original Long Beach medical marijuana regulation law is
before the California Supreme Court. The City Council decided earlier
this year that until a decision comes from the high court, they would
enact a ban ordinance, with a six-month exemption for about 18
dispensaries that had gone through the lengthy city approval process,
which included a lottery.

That exemption is set to expire on Sunday, Aug. 12. The City Council
discussed extending the extension last month, but ultimately voted
against anything but letting the exemption expire.

"Beginning Aug. 12, 2012, any dispensary doing business in Long Beach
will be operating illegally and will be subject to enforcement," said
Lisa Massacani in a statement from the Long Beach Police Department.
"It is our hope that the dispensaries cooperate and work with the city
in order to finalize their operations to be compliant with city ordinance."

On Monday, the next step for medical marijuana advocates became
clearer: Advocate Jeremy Coltharp filed documents with the city to
collect signatures to authorize a ballot initiative. That initiative
would require city officials to regulate medical marijuana
dispensaries in Long Beach (with similar provisions of not being near
schools, beaches and parks) and it also would call for a medical
marijuana tax of up to 4% to be paid into the city's general fund.

"It's important that the city of Long Beach provides the leadership
needed to ensure the health and safety of all its citizens, both
medical marijuana patients and the community as a whole," Coltharp
said in a statement. "Regulation of medical marijuana distribution
will ensure that dispensaries have clear expectations to which they
must adhere, and will also ensure that sick patients are not forced to
turn to back alley drug dealers."

Coltharp and his supporters would need to get at least 15% of eligible
city voters to sign the petition in order for the ballot initiative to
move forward in the process.

What dispensary owners plan on doing in the meantime is a question
mark.

"It's going to be a case-by-case basis," said Carl Kemp, spokesman for
the Long Beach Collective Association. "They are committed to
providing safe access under the law. There is obviously some confusion
about the law, with the Pack case (before the Supreme Court) pending
and multiple rulings that have come out and said that all-out bans are
illegal (including a ruling for the county of Los Angeles). (LBCA
members) are still exploring all legal options."

Kemp said that LBCA members hope that the LBPD and law enforcement
officials will continue to go after the least compliant dispensaries
in the city first. It is estimated that about 50-60 dispensaries exist
within the city boundaries, despite the law banning them.

"We have to deal with our case and Pack, and so far, no court has been
willing to say that the Long Beach ban is problematic or
unconstitutional," said Kendra Carney, deputy city attorney. "I think,
in general, enforcement is easier when you have a very clear law."

A Supreme Court ruling is not expected until late this year or early
2013.
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