CA - After a debate that started on Tuesday night and lasted into Wednesday morning, Long Beach now has an ordinance regulating medical marijuana collectives in the city.
But nobody thinks this ordinance will remain the same, likely even a year from now, due to council tinkering, court rulings and possibly the voters changing state law.
"This is going to be an evolutionary process," Mayor Bob Foster said. "No matter what (the City Council members) do, there will be unintended consequences... You are going to have to come back and make changes."
After another night of wrangling and emotional testimony, the City Council this week approved a new medial marijuana collective ordinance for the city. That ordinance puts no limit on the number of collectives there can be. However, it puts restrictions on where they can locate, among other things.
Existing clubs are not "grandfathered" in and will have to meet the new requirements or close. That led the owners of several collectives to come down and speak, saying that they are within the 1,500-foot limit for being near a high school and this would force them to close or move. Council members discussed adding a way that clubs could seek a variance on a case-by-case basis, but did not change the rules.
Most of the council debate was about whether collectives should only be allowed to sell what they grow on site. It was something the Long Beach Police Department suggested so the collectives were not buying from other sources and importing marijuana into the city. Other council members questioned how this would work in a practical sense and if it was really a good idea to have the collectives taking over larger retail spaces so they would have the room to grow marijuana in the back.
"I'm not sure how forcing them to grow (marijuana) in the city of Long Beach makes the city safer," said Seventh District Councilwoman Tonia Reyes Uranga.
On a narrow five-to-four vote, the council agreed with Uranga and lifted the growing restrictions. The four voting no (trying to keep on-site growing) were Second District Councilwoman Suja Lowenthal, Third District Councilman Gary DeLong, Fourth District Councilman Patrick O'Donnell, and Fifth District Councilwoman Gerrie Schipske.
The council stuck with other restrictions they had approved last week, plus added a couple of new ones suggested by City Attorney Robert Shannon and City Prosecutor Tom Reeves:
- Collectives cannot be located within 1,500 feet of a high school, 500 feet of any other school and 1,000 feet of each other. However, there are no restrictions on locations near a library, childcare facility or playground.
- Outlets can only be located in commercial or industrial zones, not in residential areas.
- Operators will need to apply for and receive a city permit, and to do so must show the organization is a collective (as defined by state law, a co-op structure where a few people grow for other members, but there is no profit).
- There can be no consumption of any products in any form on site.
- Marijuana at the sites can be tested by the city to see if it contains illegal pesticides that were used as part of the growing process and that cultivation records of where the marijuana was grown must be kept on premises.
- Collective members will have to show picture identification (such as a driver's license) to pick up their prescription.
Opponents of this measure said that the city was treating marijuana as an illegal drug and not a medicine. Speakers said that the city should regulate this more like they regulate pharmacies than they do liquor stores, and that this was far more restrictive than what liquor stores face.
Shannon said before the meeting he thought this ordinance could withstand any legal challenge from people who thought it too restrictive. He said that this was done in accordance with existing state law and precedents.
However, that legal ground is shifting with measures moving through the courts, Shannon said.
Maybe the biggest change could come in November, when voters are expected to be asked about legalizing marijuana in the state. The petition expected to be on the ballot would allow up to one ounce of marijuana to be kept for personal use, and for a space of up to 25 square feet at a residence for growing. It would also allow the sale and taxing of marijuana.
The measure likely would bring a fierce campaign battle this fall, and if approved, a legal showdown with the federal government, which still classifies marijuana as an illegal drug.
But for now, Long Beach has its ordinance restricting medical marijuana.
News Hawk- Weedpipe 420 Magazine - Cannabis Culture News & Reviews
Source: Gazettes Town-News
Author: Kurt Helin
Contact: Gazettes Town-News > Front
Copyright: 2010 Gazettes Town-News
Website:Gazettes Town-News > Community News
But nobody thinks this ordinance will remain the same, likely even a year from now, due to council tinkering, court rulings and possibly the voters changing state law.
"This is going to be an evolutionary process," Mayor Bob Foster said. "No matter what (the City Council members) do, there will be unintended consequences... You are going to have to come back and make changes."
After another night of wrangling and emotional testimony, the City Council this week approved a new medial marijuana collective ordinance for the city. That ordinance puts no limit on the number of collectives there can be. However, it puts restrictions on where they can locate, among other things.
Existing clubs are not "grandfathered" in and will have to meet the new requirements or close. That led the owners of several collectives to come down and speak, saying that they are within the 1,500-foot limit for being near a high school and this would force them to close or move. Council members discussed adding a way that clubs could seek a variance on a case-by-case basis, but did not change the rules.
Most of the council debate was about whether collectives should only be allowed to sell what they grow on site. It was something the Long Beach Police Department suggested so the collectives were not buying from other sources and importing marijuana into the city. Other council members questioned how this would work in a practical sense and if it was really a good idea to have the collectives taking over larger retail spaces so they would have the room to grow marijuana in the back.
"I'm not sure how forcing them to grow (marijuana) in the city of Long Beach makes the city safer," said Seventh District Councilwoman Tonia Reyes Uranga.
On a narrow five-to-four vote, the council agreed with Uranga and lifted the growing restrictions. The four voting no (trying to keep on-site growing) were Second District Councilwoman Suja Lowenthal, Third District Councilman Gary DeLong, Fourth District Councilman Patrick O'Donnell, and Fifth District Councilwoman Gerrie Schipske.
The council stuck with other restrictions they had approved last week, plus added a couple of new ones suggested by City Attorney Robert Shannon and City Prosecutor Tom Reeves:
- Collectives cannot be located within 1,500 feet of a high school, 500 feet of any other school and 1,000 feet of each other. However, there are no restrictions on locations near a library, childcare facility or playground.
- Outlets can only be located in commercial or industrial zones, not in residential areas.
- Operators will need to apply for and receive a city permit, and to do so must show the organization is a collective (as defined by state law, a co-op structure where a few people grow for other members, but there is no profit).
- There can be no consumption of any products in any form on site.
- Marijuana at the sites can be tested by the city to see if it contains illegal pesticides that were used as part of the growing process and that cultivation records of where the marijuana was grown must be kept on premises.
- Collective members will have to show picture identification (such as a driver's license) to pick up their prescription.
Opponents of this measure said that the city was treating marijuana as an illegal drug and not a medicine. Speakers said that the city should regulate this more like they regulate pharmacies than they do liquor stores, and that this was far more restrictive than what liquor stores face.
Shannon said before the meeting he thought this ordinance could withstand any legal challenge from people who thought it too restrictive. He said that this was done in accordance with existing state law and precedents.
However, that legal ground is shifting with measures moving through the courts, Shannon said.
Maybe the biggest change could come in November, when voters are expected to be asked about legalizing marijuana in the state. The petition expected to be on the ballot would allow up to one ounce of marijuana to be kept for personal use, and for a space of up to 25 square feet at a residence for growing. It would also allow the sale and taxing of marijuana.
The measure likely would bring a fierce campaign battle this fall, and if approved, a legal showdown with the federal government, which still classifies marijuana as an illegal drug.
But for now, Long Beach has its ordinance restricting medical marijuana.
News Hawk- Weedpipe 420 Magazine - Cannabis Culture News & Reviews
Source: Gazettes Town-News
Author: Kurt Helin
Contact: Gazettes Town-News > Front
Copyright: 2010 Gazettes Town-News
Website:Gazettes Town-News > Community News