Jacob Bell
New Member
In the wake of a federal crackdown on California's medical marijuana clinics, the Napa City Council may put the city's medical marijuana ordinance on hold for a year and could ultimately scrap clinic plans altogether.
On Tuesday night, the council will consider whether to issue an emergency 45-day moratorium to stop the process of choosing a medical marijuana dispensary and suspend implementation of the ordinance.
The hold is needed to give the city time to find out whether any parts of the ordinance are in conflict with federal law and make adjustments if necessary, according to a staff report.
On Nov. 15, the council will hold a public hearing on what to do next. City staff will recommend the council extend the interim moratorium for an additional 10 months and 15 days.
"We're not in a position to completely overhaul and rewrite the ordinance by November," City Attorney Michael Barrett said of the need for an extended moratorium.
Barrett said it is unclear whether Napa can comply with federal law while still allowing a dispensary under its ordinance. This question would be explored during the proposed moratorium period.
Marijuana is allowed by the state of California for medical uses, but the federal government maintains that marijuana has no medicinal value and prohibits its use, possession or cultivation.
Earlier this month, federal prosecutors launched a crackdown on medical pot dispensaries in California, ordering some to close their doors or face criminal charges.
On Oct. 4, a state appellate court struck down the city of Long Beach's law regulating dispensaries on the grounds it violated federal law.
Barrett said Napa's law shares some similarities with the ordinance called into question in Long Beach, thus the reason he wants to review its legality. The Long Beach ordinance was one of about 50 the city considered before adopting its own last year, he said.
The city first considered regulating dispensaries in 2009. After the City Council unanimously approved a medical cannabis ordinance in June 2010, the city sought applications from potential operators. In August, staff picked Harmony Patients' Center of Napa, Inc. as its tentative choice. The city was set to announce a final choice possibly this month.
If the council approves the moratorium, that review process will stop, at least for now.
Bill Iverson, Harmony board chairman, said seriously ill Napa residents will suffer if a dispensary is not allowed to open in the city.
"It's pretty disheartening," he said. "We've been working on it for so long and we've come this far. It would be nice if we could complete what we've done before they put a moratorium on it."
The City Council will discuss the proposed moratorium during the evening portion of its Tuesday meeting, which begins at 6:15 p.m. The council meets in council chambers at City Hall, 955 School St.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: napavalleyregister.com
Author: Chantal M. Lovell
Contact: Contact Us
Copyright: Napa Valley Register
Website: Napa may suspend medical marijuana process
On Tuesday night, the council will consider whether to issue an emergency 45-day moratorium to stop the process of choosing a medical marijuana dispensary and suspend implementation of the ordinance.
The hold is needed to give the city time to find out whether any parts of the ordinance are in conflict with federal law and make adjustments if necessary, according to a staff report.
On Nov. 15, the council will hold a public hearing on what to do next. City staff will recommend the council extend the interim moratorium for an additional 10 months and 15 days.
"We're not in a position to completely overhaul and rewrite the ordinance by November," City Attorney Michael Barrett said of the need for an extended moratorium.
Barrett said it is unclear whether Napa can comply with federal law while still allowing a dispensary under its ordinance. This question would be explored during the proposed moratorium period.
Marijuana is allowed by the state of California for medical uses, but the federal government maintains that marijuana has no medicinal value and prohibits its use, possession or cultivation.
Earlier this month, federal prosecutors launched a crackdown on medical pot dispensaries in California, ordering some to close their doors or face criminal charges.
On Oct. 4, a state appellate court struck down the city of Long Beach's law regulating dispensaries on the grounds it violated federal law.
Barrett said Napa's law shares some similarities with the ordinance called into question in Long Beach, thus the reason he wants to review its legality. The Long Beach ordinance was one of about 50 the city considered before adopting its own last year, he said.
The city first considered regulating dispensaries in 2009. After the City Council unanimously approved a medical cannabis ordinance in June 2010, the city sought applications from potential operators. In August, staff picked Harmony Patients' Center of Napa, Inc. as its tentative choice. The city was set to announce a final choice possibly this month.
If the council approves the moratorium, that review process will stop, at least for now.
Bill Iverson, Harmony board chairman, said seriously ill Napa residents will suffer if a dispensary is not allowed to open in the city.
"It's pretty disheartening," he said. "We've been working on it for so long and we've come this far. It would be nice if we could complete what we've done before they put a moratorium on it."
The City Council will discuss the proposed moratorium during the evening portion of its Tuesday meeting, which begins at 6:15 p.m. The council meets in council chambers at City Hall, 955 School St.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: napavalleyregister.com
Author: Chantal M. Lovell
Contact: Contact Us
Copyright: Napa Valley Register
Website: Napa may suspend medical marijuana process
