Pubdate: Thu, 09 Aug 2012
Source: San Diego Union Tribune (CA)
Copyright: 2012 Union-Tribune Publishing Co.
Contact:  http://www.utsandiego.com/
Details: http://www.mapinc.org/media/386
Author: Katherine Poythress

NO COMPETING MARIJUANA MEASURE FOR IMPERIAL BEACH

Citizen Measure Has No Competition in Ib

IMPERIAL BEACH - The Imperial Beach City Council voted 3-2 Aug. 1
against a city-prepared ballot measure that would have competed in the
November election with a citizen-drafted measure to repeal the city's
ban on large-scale medical marijuana dispensaries.

Council members voted 4-1 on July 18 to put the Safe Access Ordinance
of Imperial Beach on the ballot in response to a petition containing
more than 1,000 residents' signatures, but Councilman Edward Spriggs
suggested that the city also draft its own alternative measure to
allow and regulate dispensaries.

A subcommittee consisting of Spriggs, Councilman Brian Bilbray, the
city attorney and city manager went to work on the city's answer to a
proposal that some city leaders feel may be inadequate and too lenient.

The result was a 12-page proposal that would have allowed only one
medical marijuana collective in the city, and located only in the
city's primary commercial district. Furthermore, the subcommittee
proposed prohibiting the dispensary from cultivating marijuana
on-site, requiring the collective to have an on-site security guard,
and prohibiting the consumption or smoking of pot on the premises.

The city's proposal, unlike the Safe Access Ordinance, also included a
component that would have allowed Imperial Beach to recover its
regulation and enforcement costs. Much of it was modeled after a
combination of San Diego County's medical marijuana access law and
Imperial Beach's ordinance for adult entertainment establishments,
said City Attorney Jennifer Lyon.

But the hastily prepared measure failed to garner approval after Safe
Access proponents raised concerns about it not allowing small-scale
collectives. Current city law allows collectives of three or fewer
people to grow and consume medical marijuana, but this would have
repealed that exception. They also took issue with the fact that the
city's proposal might pose a catch-22 for dispensary owners and
members, who would not be allowed to cultivate on-site at the collective.

"This is just simply not an ordinance to regulate safe access," said
Eugene Davidovich, a member of the San Diego chapter of Americans for
Safe Access, which sponsored the citizen-led initiative. "It's a ban.
It's an outright ban."

Davidovich also scolded the council for publishing the proposed
alternative only one day before the council meeting. Members of the
public did not have sufficient time to examine it and consult with
legal experts, he claimed.

Opponents to the Safe Access Ordinance reminded the council that
federal law still regards marijuana as an illegal substance with no
exception for medical uses, and said they were distressed that the
city tried getting involved at all in developing marijuana policy.

A recent federal crackdown on dispensaries across the state has cities
worried about the legal snafus that could come with passing local laws
that accommodate them.

"We appreciate your effort, but philosophically, legalization is
something we must oppose," said Lorenzo Higley, a spokesman for the El
Cajon-based Communities Against Substance Abuse.

Davidovich called all the talk about federal enforcement a "scare
tactic."

Bilbray and Councilman Jim King maintained that the council should
continue working on its alternative plan and patch up some of the
problems for a final vote before the Friday deadline to get it on
ballots. But Mayor Jim Janney said he regretted the amount of time and
city resources that had already been spent on an ordinance he feels is
unnecessary.

"I am not in favor of a competing initiative," he said. "I think our
current law is the right law, and I believe there are enough problems
with the citizen-drafted one. I think a decent opposition statement to
it would clarify things for people, and I'm not going to support
spending any more time on this."

Spriggs ended up voting against the measure he had first proposed
putting together, along with Janney and Councilwoman Lorie Bragg.

Imperial Beach resident and Safe Access advocate Marcus Boyd said the
council's decision was unexpected.

"Again the council surprised by listening to advocates and not
accepting the poison pill that was this competing initiative," he said.
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MAP posted-by: Matt