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Encinitas City Council members are set Wednesday to review a new legal assessment of a proposed medical marijuana dispensary initiative and decide what steps to take next.
The assessment, put together by City Attorney Glenn Sabine, notes that the council has several options related to the proposed initiative.
The report makes no recommendation on whether the council should adopt the initiative - put forward by the Patient Care Association group - or let it go to a public vote and place a competing measure on the ballot.
The soonest the initiative could appear on the ballot is November 2014.
Both Del Mar and Solana Beach have medical marijuana dispensary initiatives on the ballots this November, but the Encinitas initiative was certified too late to make the paperwork filing deadline.
All three of these initiatives propose to create regulations for medical marijuana dispensaries, including setting their operating hours and limiting where they can locate. If prospective dispensaries meet these conditions, they can qualify for city permits allowing them to open, the initiatives state.
Sabine's report stresses that the regulation of medical marijuana dispensaries is an "unsettled" legal issue at the moment and declares that there are multiple issues with the proposed initiative, particularly its tax collection component.
However, it states, "city councils cannot refuse to place an initiative on the ballot due to perceived unlawfulness of the initiative's subject matter."
In his analysis, Sabine wrote that the initiative and others like in the state raise many legal issues and medical marijuana dispensaries are an "unsettled" legal area at the moment.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: nctimes.com
Author: Barbara Henry
Contact: Directory - North County Times/The Californian
Website: ENCINITAS: Council to review medical marijuana legal assessment : Encinitas
The assessment, put together by City Attorney Glenn Sabine, notes that the council has several options related to the proposed initiative.
The report makes no recommendation on whether the council should adopt the initiative - put forward by the Patient Care Association group - or let it go to a public vote and place a competing measure on the ballot.
The soonest the initiative could appear on the ballot is November 2014.
Both Del Mar and Solana Beach have medical marijuana dispensary initiatives on the ballots this November, but the Encinitas initiative was certified too late to make the paperwork filing deadline.
All three of these initiatives propose to create regulations for medical marijuana dispensaries, including setting their operating hours and limiting where they can locate. If prospective dispensaries meet these conditions, they can qualify for city permits allowing them to open, the initiatives state.
Sabine's report stresses that the regulation of medical marijuana dispensaries is an "unsettled" legal issue at the moment and declares that there are multiple issues with the proposed initiative, particularly its tax collection component.
However, it states, "city councils cannot refuse to place an initiative on the ballot due to perceived unlawfulness of the initiative's subject matter."
In his analysis, Sabine wrote that the initiative and others like in the state raise many legal issues and medical marijuana dispensaries are an "unsettled" legal area at the moment.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: nctimes.com
Author: Barbara Henry
Contact: Directory - North County Times/The Californian
Website: ENCINITAS: Council to review medical marijuana legal assessment : Encinitas
