Pubdate: Tue, 22 Jul 2014
Source: San Bernardino Sun (CA)
Copyright: 2014 Los Angeles Newspaper Group
Contact:  http://www.sbsun.com/
Details: http://www.mapinc.org/media/1417
Author: Ryan Hagen

SAN BERNARDINO CITY ATTORNEY RECOMMENDS MEDICAL MARIJUANA PLAN

SAN BERNARDINO - City Attorney Gary Saenz wants a council committee to
immediately begin studying alternative ways to enforce its medical
marijuana dispensary ban, including allowing - and regulating - a
small number of dispensaries.

"We will present a plan which essentially acknowledges the futility
and high cost of attempting to completely eradicate marijuana
dispensaries with our current system, by which we will continue to
spend hundreds of thousands and eventually millions but will never
significantly achieve success," Saenz said, reading from a prepared
statement on Monday. "Instead, by conceding to California's policy of
allowing marijuana use for medical purposes, and permitting
dispensaries that are highly regulated, we can move the distribution
of medical marijuana from the black market to the regulated market."

Alongside that, Saenz had a message for illegal medical marijuana
dispensary owners, operators, employees "and, most importantly, real
property owners who persist in defiantly allowing their property to be
used in violation of San Bernardino's land-use regulations."

"Know that it is now time for you to leave the city of San
Bernardino," he said. "... Know that formulating a new plan to
effectively eliminate the operation of illegal medical marijuana
dispensaries in this city has become a top priority of this city attorney."

Penalties, fines and liens against property owners and landlords "will
not be reduced, but instead aggressively imposed, enforced and
collected by all appropriate legal actions," Saenz said.

The City Council agreed to have the legislative review committee -
three council members who make recommendations to the full council -
discuss details of Saenz's plan and any other input at a meeting
Monday, then have the full council consider it at the next meeting,
Aug. 4.

Establishing a medical marijuana dispensary has been illegal in the
city since 2007, when a temporary moratorium was passed and followed
by an extension of the moratorium and then a series of ordinances
passed as recently as 2011.

Violators were assessed fines of $1,000 a day, but those weren't
collected and the ban wasn't enforced, its constitutionality was
uncertain alongside state voters' approval of medical marijuana use -
until last year.

Only days after the state Supreme Court's unanimous decision that
cities could ban dispensaries through land-use bans such as San
Bernardino's (and Riverside's, the city that went to the state Supreme
Court), San Bernardino began raiding dispensaries and then-City
Attorney James F. Penman announced an intention to shut them all down.

Administrative, criminal and civil remedies continue, Saenz
said.

"Civil injunctions have been used effectively to end dispensary
operations at specific locations," he said. "However, the injunction
process is the most costly for the city to pursue, and therefore, can
have little effect on the entire city unless we are willing to commit
substantial resources in an extensive city-wide pursuit. We continue
to expend valuable and limited police, code enforcement and attorney
resources with frustratingly insignificant results."

Three members of the public spoke after Saenz's report, two in favor
of at least limited legalization in the city and the third asking to
be on the committee. (He was told the committee consists of council
members but he was welcome to attend.)

Allowing some highly regulated dispensaries - as cities including San
Diego, San Jose and Palm Springs do - is just one recommendation, Saenz 
said.

A signature drive to stop San Jose from closing the vast majority of
its 80 dispensaries, limiting them to less than 1 percent of the
city's parcels, failed Friday. About 200 California cities have an
outright ban on pot shops, including all in San Bernardino County.

A statement sent after the meeting on Saenz's behalf by Westbound
Communications, which the city hires for public relations, didn't
mention the possibility of allowing some dispensaries except with a
link to a report he wrote.

That statement, which is also posted on Saenz's Facebook page, instead
emphasized the get-tough portion of Saenz's proposal and dispensary's
connection to gangs.

"Our message is loud and clear," the statement said. "It is time for
illegal operators to leave San Bernardino - this City's leadership and
Police Department view these dispensaries as a public nuisance and an
obstacle to our efforts to build a prosperous city. I will work
closely with the Council, Mayor and Police Chief to develop an
effective plan that will eliminate the operation of illegal
dispensaries. This will include the liberal use of penalties, fines
and liens against irresponsible property owners that will be
aggressively imposed, enforced and collected. Beginning August 18,
illegal pot shops will no longer be welcome in San Bernardino."
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MAP posted-by: Matt