CA: Palm Desert May Relax Ban On Marijuana Businesses

Katelyn Baker

Well-Known Member
Palm Desert appears to be on a path toward lifting a long-existing ban on marijuana dispensaries as a result of California's new law allowing recreational marijuana use by anyone 21 and older.

City Council, on Thursday, directed staff to begin working on amendments to Palm Desert's zoning ordinance that will allow commercial sales of marijuana.

The direction was unanimous and without discussion, but followed a 40-minute study session earlier in the afternoon during which council members learned more about cannabis regulation in the wake of the Nov. 8 passage of the Adult Use of Marijuana Act — or AUMA — by California voters.

Portions of AUMA took effect on Nov. 9, legalizing recreational pot usage by anyone over 21. It also allows a person to grow up to six plants at home.

By Jan. 1, 2018, the state will begin issuing licenses for commercial marijuana businesses and cities need to have their own regulations in place before then, said Eric Ceja, Palm Desert's principal planner.

Palm Desert can either widen its current ban on medical marijuana dispensaries to include commercial sales of recreational marijuana or allow all dispensaries.

The state is expecting $1 billion in excise tax revenue from the sale of marijuana in the first year of legalization alone, Community Development Director Ryan Stendell said.

Some of that money would be disbursed to cities in the form of grants for educational, public safety and other marijuana-related programs.

Cities that ban commercial sales, however, won't be eligible for the funds, Mayor Jan Harnik said.

Last year, an ad hoc cannabis committee, comprised of Harnik, Councilwoman Susan Marie Weber, city staff, a doctor and two medical marijuana delivery operators, was formed to look at regulating the delivery of medical marijuana in the city. it will now participate in drafting the ordinance amendments.

"Regulation of the businesses and community safety are the two key concerns," said Harnik.

The plan would be to treat the dispensaries similar to liquor stores, not allowing clusters of dispensaries in any one area of the city, she said.

The goal is to have an ordinance in place by June — well before the state starts issuing licenses, Ceja said.

He created a timeline in which the committee is expected to draft zone ordinance amendments for presentation to the Planning Commission in March. It would go to the City Council for review in April and come back for a second vote in May, going into effect in June.

The Planning Commission and City Council would hold public hearings.

City spokesman David Hermann told the council a page will be created on the city's website where residents will be updated on committee meetings and any other news pertaining to marijuana.

A year ago, the City Council was ready to adopt an ordinance banning the delivery of medical marijuana in Palm Desert but changed its mind.

It formed the "cannabis committee" which decided early on it should await the outcome of AUMA before making any recommendations. It resumed meeting after the Nov. 8 election.

Palm Desert, Rancho Mirage, Coachella, La Quinta and Indian Wells are the only Coachella Valley cities that still ban dispensaries.

In December, Indian Wells City Council passed an ordinance reiterating its ban and requiring a $141 annual permit to grow the legally allowed six plants in any home in the city. To get that permit, residents are required to allow a home inspection by city employees to determine that no more than the maximum six plans are being grown.

The ordinance may be the most stringent regulation passed statewide, Paul Armentano, deputy director for the Washington, D.C.-based NORML Foundation, a nonprofit lobbying for reform in marijuana laws.

To date, no other Coachella Valley cities have proposed similar mandates.

Right after AUMA passed, the Rancho Mirage City Council amended its ban on dispensaries to include recreational marijuana.

La Quinta City Council also appointed a cannabis ad hoc committee about a year ago to explore options for regulated delivery of medical marijuana, but has not yet revisited the issue since AUMA passed.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Palm Desert May Relax Ban On Marijuana Businesses
Author: Sherry Barkas
Contact: (760) 322-8889
Photo Credit: Christopher Furlong
Website: The Desert Sun
 
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