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The petitions are in, and by April the medical marijuana issue could be before the City Council again.
The Long Beach Citizens' and Patients' Rights PAC has helped gather more than 43,000 signatures in an attempt to legalize medical marijuana collectives in the city through the ballot system.
""Really, what we're just trying to do is get medical marijuana back here in Long Beach," said Jeremy Coltharp, lead petitioner. "Our law would be very similar to 5.87 (the city's original medical marijuana regulation), but with a few more restrictions."
The law within the petition would repeal the city's current ban on medical marijuana collectives and include a tax. As per the language on the petition, a medical marijuana collective would be "an incorporated or unincorporated association composed for four or more qualified patient members and their designated primary caregivers who associate at a property in the city of Long Beach to collective or cooperatively cultivate or distribute marijuana for medical purposes."
The collectives would have to obtain a business license from the city and they would have to adhere to various operating conditions – lighting, signage, cameras. The collectives would not be able to operate near each other, beaches, parks and schools.
The tax would be quarterly and up to 4% of sales, which would go to the city.
Coltharp said a similar petitioning process went before the Los Angeles City Council, which relented and adopted the ordinance after the city had banned collectives similarly to Long Beach's City Council.
"We want adoption more than a special election," he said. "However, we're confident we will win an election, if you look at voter history on the subject here in Long Beach as far as public support."
City Clerk Larry Herrera said his office will complete signature verification for the petition by March 22. The city requires about 33,000 signatures (roughly 15% of the voting population) for the petition to move forward.
If the signatures were found sufficient, then the Herrera would present it to the City Council at its earliest next meeting – likely the first week of April.
The City Council will have a few options at that time: Adopt the ordinance on its own, send the ordinance to the public vote or ask for a 30-day staff study of the ordinance.
A special election – which could happen in July or August – would cost the city more than $1 million.
"The city shouldn't want to spend the money and we don't want them to spend the money," Coltharp said. "We just want to open doors back up to the patients."
The City Attorney's Office advised the City Council last August to ban medical marijuana collectives because of the lack of clarity in state and federal rulings from the court system.
"I don't initially think this changes our stance, but we're going to take it one step at a time before we comment," said Mike Mais, assistant city attorney. "We'll start that with seeing whether there are the required signatures."
Mais also noted that the timing will become interesting. The California Supreme Court is expected to give a possibly sweeping comment on medical marijuana collectives soon – the court heard arguments on Feb. 5, and must rule within 90 days.
That timeframe would place a ruling as late as May. The City Council could delay actions for the 30-day staff report, corresponding almost identically with that timeframe.
"Honestly, I do think some of this will depend on what that decision says," Mais said.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: gazettes.com
Author: Jonathan Van Dyke
Contact: Contact Us - Gazettes.com: Site
Website: Petition Shines Light On Medical Marijuana Again - Gazettes.com: Government
The Long Beach Citizens' and Patients' Rights PAC has helped gather more than 43,000 signatures in an attempt to legalize medical marijuana collectives in the city through the ballot system.
""Really, what we're just trying to do is get medical marijuana back here in Long Beach," said Jeremy Coltharp, lead petitioner. "Our law would be very similar to 5.87 (the city's original medical marijuana regulation), but with a few more restrictions."
The law within the petition would repeal the city's current ban on medical marijuana collectives and include a tax. As per the language on the petition, a medical marijuana collective would be "an incorporated or unincorporated association composed for four or more qualified patient members and their designated primary caregivers who associate at a property in the city of Long Beach to collective or cooperatively cultivate or distribute marijuana for medical purposes."
The collectives would have to obtain a business license from the city and they would have to adhere to various operating conditions – lighting, signage, cameras. The collectives would not be able to operate near each other, beaches, parks and schools.
The tax would be quarterly and up to 4% of sales, which would go to the city.
Coltharp said a similar petitioning process went before the Los Angeles City Council, which relented and adopted the ordinance after the city had banned collectives similarly to Long Beach's City Council.
"We want adoption more than a special election," he said. "However, we're confident we will win an election, if you look at voter history on the subject here in Long Beach as far as public support."
City Clerk Larry Herrera said his office will complete signature verification for the petition by March 22. The city requires about 33,000 signatures (roughly 15% of the voting population) for the petition to move forward.
If the signatures were found sufficient, then the Herrera would present it to the City Council at its earliest next meeting – likely the first week of April.
The City Council will have a few options at that time: Adopt the ordinance on its own, send the ordinance to the public vote or ask for a 30-day staff study of the ordinance.
A special election – which could happen in July or August – would cost the city more than $1 million.
"The city shouldn't want to spend the money and we don't want them to spend the money," Coltharp said. "We just want to open doors back up to the patients."
The City Attorney's Office advised the City Council last August to ban medical marijuana collectives because of the lack of clarity in state and federal rulings from the court system.
"I don't initially think this changes our stance, but we're going to take it one step at a time before we comment," said Mike Mais, assistant city attorney. "We'll start that with seeing whether there are the required signatures."
Mais also noted that the timing will become interesting. The California Supreme Court is expected to give a possibly sweeping comment on medical marijuana collectives soon – the court heard arguments on Feb. 5, and must rule within 90 days.
That timeframe would place a ruling as late as May. The City Council could delay actions for the 30-day staff report, corresponding almost identically with that timeframe.
"Honestly, I do think some of this will depend on what that decision says," Mais said.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: gazettes.com
Author: Jonathan Van Dyke
Contact: Contact Us - Gazettes.com: Site
Website: Petition Shines Light On Medical Marijuana Again - Gazettes.com: Government
