Ron Strider
Well-Known Member
An impassive Vallejo City Council voted recently to place a cannabis measure on the November 2018 ballot.
Vallejo voters will now decide the fate of an initiative petition brought forth by a collection of the city's medical marijuana dispensaries.
After receiving a 10-minute report from city staff, none of the six councilmembers in attendance during the Dec. 12 council meeting commented on the issue. Councilman Jess Malgapo was absent.
Under the ordinance, MMDs in the city would be granted "special business permits" to operate retail and delivery services. After two years, any Vallejoan, who can prove residency for three consecutive years, can apply for a medical cannabis permit.
The ordinance would allow recreational marijuana sales in Vallejo. Currently, the city doesn't allow for such sales, even with the passage of Prop. 64, the state law legalizing recreational cannabis use.
State law offered the council two options on how to address the petition: submit the issue for the voters to decide, or accept the petition's changes and add them to the municipal code.
A report ordered by the council to investigate the legality of the petition, found it to be lacking.
The 11-page report, prepared by the Grass Valley-based law firm Colantuono, Highsmith & Whatley, PC, outlines "several legal vulnerabilities that likely render (the initiative) facially invalid."
One such issue was the three-year residency requirement for those outside of the 11 MMDs seeking to open a dispensary.
The report further argues the initiative is inconsistent with the city's General Plan because the measure changes Vallejo's zoning ordinance allowing cannabis manufacturing, dispensaries and cultivation in "any zone, excluding exclusively residential zones."
"An initiative that purports to amend a zoning ordinance so that it is inconsistent with the general plan is invalid," the report states. "We conclude the initiative does purport to amend the city's zoning in a manner inconsistent with the General Plan. A court will therefore likely find it invalid if approved by the voters or adopted by the City Council."
The city's General Plan doesn't have land use designations which are "exclusively residential," the report adds.
Other identified issues include it granting the 11 MMDs operating in Vallejo with a special privilege or advantage, and the petition violates the separation of powers by interfering with the City Attorney's Office ability to prosecute a violation of the city's municipal code, the report states.
The election is set for Nov. 6, 2018.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Vallejo City Council places cannabis measure on November ballot
Author: John Glidden
Contact: Contact Us
Photo Credit: Robert Tong
Website: Vallejo Times-Herald: Breaking News, Sports, Business, Entertainment & Vallejo News
Vallejo voters will now decide the fate of an initiative petition brought forth by a collection of the city's medical marijuana dispensaries.
After receiving a 10-minute report from city staff, none of the six councilmembers in attendance during the Dec. 12 council meeting commented on the issue. Councilman Jess Malgapo was absent.
Under the ordinance, MMDs in the city would be granted "special business permits" to operate retail and delivery services. After two years, any Vallejoan, who can prove residency for three consecutive years, can apply for a medical cannabis permit.
The ordinance would allow recreational marijuana sales in Vallejo. Currently, the city doesn't allow for such sales, even with the passage of Prop. 64, the state law legalizing recreational cannabis use.
State law offered the council two options on how to address the petition: submit the issue for the voters to decide, or accept the petition's changes and add them to the municipal code.
A report ordered by the council to investigate the legality of the petition, found it to be lacking.
The 11-page report, prepared by the Grass Valley-based law firm Colantuono, Highsmith & Whatley, PC, outlines "several legal vulnerabilities that likely render (the initiative) facially invalid."
One such issue was the three-year residency requirement for those outside of the 11 MMDs seeking to open a dispensary.
The report further argues the initiative is inconsistent with the city's General Plan because the measure changes Vallejo's zoning ordinance allowing cannabis manufacturing, dispensaries and cultivation in "any zone, excluding exclusively residential zones."
"An initiative that purports to amend a zoning ordinance so that it is inconsistent with the general plan is invalid," the report states. "We conclude the initiative does purport to amend the city's zoning in a manner inconsistent with the General Plan. A court will therefore likely find it invalid if approved by the voters or adopted by the City Council."
The city's General Plan doesn't have land use designations which are "exclusively residential," the report adds.
Other identified issues include it granting the 11 MMDs operating in Vallejo with a special privilege or advantage, and the petition violates the separation of powers by interfering with the City Attorney's Office ability to prosecute a violation of the city's municipal code, the report states.
The election is set for Nov. 6, 2018.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Vallejo City Council places cannabis measure on November ballot
Author: John Glidden
Contact: Contact Us
Photo Credit: Robert Tong
Website: Vallejo Times-Herald: Breaking News, Sports, Business, Entertainment & Vallejo News
