Pubdate: Tue, 05 May 2015 Source: Times-Herald, The (Vallejo, CA) Copyright: 2015 The Times-Herald Contact: http://www.timesheraldonline.com/ Details: http://www.mapinc.org/media/993 Author: John Glidden VALLEJO ASKS COURT TO STEP IN REGARDING MMD BALLOT INITIATIVES The next chapter in Vallejo's medical marijuana dispensary saga will continue in the courts. The City of Vallejo has filed lawsuits against two proposed MMD ballot initiatives, asking the court to declare both initiatives invalid. In an email to the Times-Herald on Monday, Donna Mooney, Chief Assistant City Attorney, stated that the city will also ask the court to order that a ballot title and summary for each initiative is not required. In documents submitted to the Superior Court in March, the city contends the (first proposed) initiative is "facially invalid on both constitutional and statutory grounds, and if garnered sufficient signatures and the voters approved it, would prevent its enforcement." According to the proposed initiative, MMDs which have paid the Measure C tax, are located at least 600 feet from the nearest school and are in compliance with the state law would be allowed to continue operation. The ballot measure would force any marijuana business operating in Vallejo prior to March 10 that seeks to relocate, and any new marijuana business that wishes to open, be subject to land use ordinances, rules and regulations the city council may adopt. In 2011, around 76 percent of city voters approved Measure C, which imposes a business license tax rate of 10 percent on the sale of medical marijuana products within the city. The council in January voted to shut down all MMDs operating within the city - even if they were paying the Measure C tax - and to stop collecting the tax altogether. In February, several MMDs representatives were turned away from City Hall as they attempted to pay $50,000 in Measure C taxes. The city contends the initiative, if approved, would give the MMDs, as corporations, the power to continue operations notwithstanding local or federal law to the contrary. State law states that initiatives may not "name or identify any private corporation to perform any function or to have any power or duty," the city said in its lawsuit. The city also argues that the initiative would alter local variance law, which is in violation of state law and the city's charter. A variance is a request for a change from the zoning code for a certain development standard because of an unusual situation tied to a particular parcel of land. "Variance is for something particular to the property, not the use of the property," the city states in its lawsuit. Finally, the city claims that the initiative is illegal because it allows spot zoning by "(singling) out certain parcels of land for special benefit." Mooney confirmed Monday that the city has submitted a legal challenge to a second MMD ballot initiative which was submitted to the city on April 16. According to law, the city attorney's office has 15 days to provide a ballot title and summary for each ballot initiative for circulation of signatures. Last Friday was day 15 for the second ballot initiative, which if approved by voters would allow MMDs to continue operations if open on or before January 1, and have paid the Measure C tax. The initiative contends that, if approved, it will allow safe access to medical cannabis in Vallejo for qualified patients whose doctors recommend cannabis as authorized by state law and ensure the city continues to collect the Measure C tax, to pay for general fund services and programs such as police, fire protection, road repair and other general fund expenditures as determined by the city council. The proponents also argue that the proposed ballot measure would protect jobs of those working in the MMDs. In an email to the city council and officials last Thursday, James Anthony, an attorney representing the Measure C 11 - the MMDs which paid the tax before the city stopped collecting - asked for the city to provide a title and summary for the second ballot initiative. "Such blatant disregard for democratic process, undermining the rights of voters, smacks of Jim Crow tactics for denying minorities the vote," Anthony wrote. "You are better than this. Debate the issues with us (and) disagree with us. "But do not cheat and violate the law," he added. "That simply violates the whole civil relationship of trust in law and order and the democratic process." - --- MAP posted-by: Jay Bergstrom