Pubdate: Fri, 05 Oct 2012
Source: Santa Monica Mirror (CA)
Copyright: 2012 Santa Monica Mirror
Contact:  http://www.smmirror.com/
Details: http://www.mapinc.org/media/970
Author: Parimal M. Rohit

45-DAY MORATORIUM PLACED ON SANTA MONICA MEDICAL MARIJUANA DISPENSARIES

A 45-day moratorium on medical marijuana dispensaries was officially 
put into effect Tuesday after the Santa Monica City Council approved 
an interim ordinance to place into a holding pattern the issuing of 
business licenses, entitlements, or permits to companies seeking to 
issue the substance for medicinal purposes.

Council members unanimously approved the moratorium with the 
intention of determining how Santa Monica could possibly have medical 
marijuana dispensaries within city limits once the 45-day suspension 
comes to an end.

City staff recommended the moratorium due to a recent wave of 
inquiries received from entities seeking to open a medical marijuana 
dispensary in Santa Monica.

"The City's Zoning Ordinance currently does not contain regulations 
governing the establishment, location, and operation of medical 
marijuana collectives. And, the law governing the City's authority to 
adopt and enforce such regulations is, for the time being, extremely 
uncertain," city staff said in its report to council members. "The 
present uncertainty results from both a lack of clarity in state law 
and a conflict between state and federal law."

In 1996, California voters approved Proposition 215, which allowed 
for certain individuals to receive medical marijuana "for specified 
medical purposes." However, city staff added implementation has not 
been easy due to legal hurdles and unintended consequences.

"Some California cities that initially authorized dispensaries later 
experienced significant detrimental secondary impacts associated with 
them and their proliferation," city staff said. "Moreover, although 
state law allows for the provision of medical marijuana, federal law 
continues to prohibit cultivating, distributing, and dispensing 
marijuana. This conflict in the law has yielded conflicting state 
appellate court decisions on the issue of municipal authority to 
regulate dispensaries -- an issue which the California Supreme Court 
has accepted for review.

"Meanwhile, federal prosecutors have challenged the authority of 
California cities and counties to enact land use controls regulating 
medical marijuana dispensaries."

Council member Kevin McKeown said he hoped City Hall would take the 
time to seriously consider how to "responsibly have functional 
marijuana dispensaries in our city."

"It's 2012 and I think we need to honestly look at the failed drug 
policies of this country," he said. "And the fact that many of the 
problems other cities have had with dispensaries are not because of 
something inherently dangerous about the use of marijuana for 
medicinal purposes, but because they have to operate in a context 
where there is such conflict between federal law, state law, and 
local practice."

McKeown added he hoped City Hall would take advantage of the 
moratorium to come up with a substantive plan to allow medical 
marijuana dispensaries within Santa Monica.

"I hope if we pass this moratorium, it would be with the intent to 
really investigate the issues and be decisive. It's not the sixties, 
it's not the seventies, it's 2012," he said. "Yes, there are 
challenges here. Yes, it probably does make sense for us to wait 
until courts sort out some of the jurisdictional issues that we can't 
really resolve."

During the 45-day moratorium, the approved interim ordinance allows 
City Hall an opportunity to: address community concerns about 
dispensaries; study their potential impacts on the public's health, 
safety, and welfare; perform a legal analysis to determine how best 
to craft land use controls and regulation; and, ensure regulations 
would be in place so that dispensaries would not "result in harmful 
effects to the businesses, property owners, and residents of the City."

McKeown said it would be irresponsible for Santa Monica to not 
consider having a medical marijuana dispensary within city limits to 
assist those in need. He provided the example of Los Angeles City 
Council member Bill Rosendahl, who recently returned to the dais 
after relying upon medical marijuana to help him in his battle with cancer.

"I disagree that its okay for us in Santa Monica, a population which 
includes people who use medical marijuana for real pain and real 
issues in their lives, can just tell those people, 'well, we know 
you're sick and maybe disabled, but you know what, it's okay for you 
to drive into West L.A.,'" he said. "There could be a way that we 
could responsibly find a way to integrate dispensaries into the 
medical area of town and do them the way they ought to be done."

Not everyone was thrilled about the interim ordinance.

"This ordinance is unprecedented in its unreasonableness. This 
ordinance is unlawful and it should be challenged immediately," 
Richard McDonald of Golden State Collective said. "Despite all of 
that, I do want to say that I'd much rather be working constructively 
with the City. I think we can bring something here that's extremely 
fitting and very right and proper."

Interestingly enough, one speaker put the medical marijuana 
dispensary issue in perspective by providing anecdotal evidence.

Karen O'Keefe, a West Hollywood resident and Director of State 
Policies at the Marijuana Policy Project, said the existence of 
dispensaries in that city have not been a magnet for negative elements.

"I live in West Hollywood, which has had very sensible regulations on 
dispensaries since 2005," O'Keefe told council members. "The sky 
hasn't fallen. (The dispensaries) have not caused crime, they haven't 
caused robberies. In fact, the City requires dispensaries to have 
security patrols that patrol about a two-block radius."

City staff said the interim ordinance "can be extended up to 22 
months and 15 days based on the requisite findings after additional 
published notice and hearing."
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MAP posted-by: Jay Bergstrom