Katelyn Baker
Well-Known Member
Benicia – The City Council, grappling with California's new legalized marijuana law, voted Tuesday to request a 10-month, 15-day period to evaluate how the law affects the city.
Proposition 64, or the "Adult Use of Marijuana Act," was passed in November by voters. Under the law, adults over 21 will now be able to grow, possess, and use marijuana for recreational purposes.
As with the repeal of alcohol prohibition in 1933, big changes are afoot, and many communities are scrambling to decipher the law and figure out how their own town will approach it.
Benicia is among many cities that have issued "emergency ordinances" to buy more time until the law takes effect in their districts. This allows officials the ability to more thoroughly research different approaches and get community feedback. It also allows them to explore issues of taxation, policing, and overall impacts of decriminalizing pot.
The council hopes the 10½-month moratorium approved Tuesday will allow time to figure these things out. Previously, a 45-day request was made.
According to Mayor Elizabeth Patterson, another 10 months could be added to the current extension, allowing the council up to 22 months to get its ducks in a row.
First and foremost, Benicia will have to decide if it wants to support legal use of recreational marijuana, or if it will be a "dry" town that prohibits its use.
If the community decides that it wants to allow legal marijuana, many questions are raised: How will it be distributed? Will there be stores in town that sell it? Will wholesalers be able to open warehouses in the Industrial Park? How would it be taxed, and how much revenue could it be expected to generate? How will it impact policing and children?
None of the council members gave definitive clues Tuesday as to where they fall on the issue, but everyone agreed that more time is needed to gather information and make an informed decision. Certainly any feedback they get from the community itself will impact their final deliberations, as well.
Councilman Alan Schwartzman said at the meeting that a "comprehensive review" was in order but that he would like to see the city act as quickly as possible.
Councilman Steve Young agreed that whatever they come up with should take less than 10 months.
"The train is leaving the station," he said at the meeting. "We can get on board or watch other cities get significant taxes from it."
Young brought up the city of Coachella, which he said is estimating a $4 million dollar revenue stream. But Young said he understood that policing costs could increase, and that should be weighed into any decision.
Police Chief Erik Upson said there were no hard numbers about increased or decreased policing costs with the new law. He suggested looking at reports from states that have legalized marijuana like Colorado and Washington, though he admits that the reports he has seen are "mixed."
Part of the pressure to make the right decision is that once Benicia adopts its rules and regulations around the law, it will be difficult to make any changes in the future, according to City Attorney Heather Mc Laughlin.
It has to be done right the first time.
Patterson is concerned that if Benicia drags its heels on a decision, then the state could come in and impose its own licensing program that is not tailored to their community's needs.
"If we decide to ban and then later on we decide it was a mistake, we cannot come back and create a licensing program after the state has already taken action on it," she said. Patterson recommended that the council come to a decision on matters in four months.
Councilman Mark Hughes supported the extension on the moratorium as well.
"We need to get it right," he said. "This is a big decision for our city and its complex."
Hughes feels it is prudent to proceed as if local legalization will be happening. Then, if the council decides that a ban on use is what the community wants, "then at least we haven't lost anything." However, if the city decides to go forward with local legalization, Benicia won't be behind.
Two other issues around marijuana were also addressed at Tuesday's meeting.
Majority council members voted to ban smoking of cigarettes or marijuana in parks or near athletic fields. Hughes was the dissenting vote, citing the need for more time to get community feedback about the issue. It will most likely be up again for a final vote at one of the next two meetings.
The council also passed a first vote to approve home delivery of medical marijuana in Benicia. Several residents either spoke at the meeting or sent letters in support of the home delivery, saying it was the "compassionate" thing to do for people who are homebound and unable to easily get to dispensaries. Councilman Hughes was a lone dissenting vote, raising questions about safety and increased robbery risks that could arise by allowing home delivery.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Benicia - City Council Grapples With Marijuana Legalization Law
Author: Staff
Contact: 408-920-5000
Photo Credit: East Bay Times
Website: East Bay Times
Proposition 64, or the "Adult Use of Marijuana Act," was passed in November by voters. Under the law, adults over 21 will now be able to grow, possess, and use marijuana for recreational purposes.
As with the repeal of alcohol prohibition in 1933, big changes are afoot, and many communities are scrambling to decipher the law and figure out how their own town will approach it.
Benicia is among many cities that have issued "emergency ordinances" to buy more time until the law takes effect in their districts. This allows officials the ability to more thoroughly research different approaches and get community feedback. It also allows them to explore issues of taxation, policing, and overall impacts of decriminalizing pot.
The council hopes the 10½-month moratorium approved Tuesday will allow time to figure these things out. Previously, a 45-day request was made.
According to Mayor Elizabeth Patterson, another 10 months could be added to the current extension, allowing the council up to 22 months to get its ducks in a row.
First and foremost, Benicia will have to decide if it wants to support legal use of recreational marijuana, or if it will be a "dry" town that prohibits its use.
If the community decides that it wants to allow legal marijuana, many questions are raised: How will it be distributed? Will there be stores in town that sell it? Will wholesalers be able to open warehouses in the Industrial Park? How would it be taxed, and how much revenue could it be expected to generate? How will it impact policing and children?
None of the council members gave definitive clues Tuesday as to where they fall on the issue, but everyone agreed that more time is needed to gather information and make an informed decision. Certainly any feedback they get from the community itself will impact their final deliberations, as well.
Councilman Alan Schwartzman said at the meeting that a "comprehensive review" was in order but that he would like to see the city act as quickly as possible.
Councilman Steve Young agreed that whatever they come up with should take less than 10 months.
"The train is leaving the station," he said at the meeting. "We can get on board or watch other cities get significant taxes from it."
Young brought up the city of Coachella, which he said is estimating a $4 million dollar revenue stream. But Young said he understood that policing costs could increase, and that should be weighed into any decision.
Police Chief Erik Upson said there were no hard numbers about increased or decreased policing costs with the new law. He suggested looking at reports from states that have legalized marijuana like Colorado and Washington, though he admits that the reports he has seen are "mixed."
Part of the pressure to make the right decision is that once Benicia adopts its rules and regulations around the law, it will be difficult to make any changes in the future, according to City Attorney Heather Mc Laughlin.
It has to be done right the first time.
Patterson is concerned that if Benicia drags its heels on a decision, then the state could come in and impose its own licensing program that is not tailored to their community's needs.
"If we decide to ban and then later on we decide it was a mistake, we cannot come back and create a licensing program after the state has already taken action on it," she said. Patterson recommended that the council come to a decision on matters in four months.
Councilman Mark Hughes supported the extension on the moratorium as well.
"We need to get it right," he said. "This is a big decision for our city and its complex."
Hughes feels it is prudent to proceed as if local legalization will be happening. Then, if the council decides that a ban on use is what the community wants, "then at least we haven't lost anything." However, if the city decides to go forward with local legalization, Benicia won't be behind.
Two other issues around marijuana were also addressed at Tuesday's meeting.
Majority council members voted to ban smoking of cigarettes or marijuana in parks or near athletic fields. Hughes was the dissenting vote, citing the need for more time to get community feedback about the issue. It will most likely be up again for a final vote at one of the next two meetings.
The council also passed a first vote to approve home delivery of medical marijuana in Benicia. Several residents either spoke at the meeting or sent letters in support of the home delivery, saying it was the "compassionate" thing to do for people who are homebound and unable to easily get to dispensaries. Councilman Hughes was a lone dissenting vote, raising questions about safety and increased robbery risks that could arise by allowing home delivery.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Benicia - City Council Grapples With Marijuana Legalization Law
Author: Staff
Contact: 408-920-5000
Photo Credit: East Bay Times
Website: East Bay Times
