Jacob Bell
New Member
CALEXICO, CA – City Council revisits the issue of medical marijuana and considers ways it can regulate it during a regular meeting tonight.
Calexico Police Chief Jim Neujahr and City Attorney Jennifer Lyon prepared a report which presents three ways for the city to address medical marijuana dispensaries.
The options include regulation, prohibition and letting the city's moratorium expire in a move similar to prohibition.
City Council in May 2010 approved an interim moratorium ordinance prohibiting medical marijuana dispensaries to give the city time to investigate related liability issues. It is set to expire in May 2012.
El Centro has decided to authorize and regulate medical marijuana dispensaries while Brawley, Imperial and Holtville banned them.
If Calexico decided to regulate dispensaries, it would need to decide how many to allow, where to allow them and specific rules to regulate activity.
This, however, could implicate the city in federal legal issues as well as potentially expensive legal defense of a regulatory ordinance if challenged, according to the report.
Prohibiting dispensaries could be possible through the city's authority to control land use and wouldn't conflict with patient/primary caregivers' rights under state law.
The report states prohibition opens the city up to possible legal issues though since other cities that have banned dispensaries are facing pending lawsuits that contend that bans are preempted by state medical marijuana laws.
A third option allows for the moratorium to expire and then rely on existing zoning code that doesn't specifically allow dispensaries in the city.
It amounts to a prohibition facing the same litigation risk, but "court cases have upheld a city's ability to regulate dispensaries in this method," according to the report.
If City Council decides on either regulation or prohibition, an ordinance would need to be presented to the city's planning commission before coming back to council for final action.
If you go
What Calexico City Council meeting
When 6:30 p.m. tonight
Where Calexico City Hall, 608 Heber Ave. in Calexico
News Hawk- Jacob Ebel 420 MAGAZINE
Source: ivpressonline.com
Author: Chelcey Adami
Contact: Contact Us
Copyright: Schurz Communications
Website: Calexico City Council to weed through its options on medical marijuana
Calexico Police Chief Jim Neujahr and City Attorney Jennifer Lyon prepared a report which presents three ways for the city to address medical marijuana dispensaries.
The options include regulation, prohibition and letting the city's moratorium expire in a move similar to prohibition.
City Council in May 2010 approved an interim moratorium ordinance prohibiting medical marijuana dispensaries to give the city time to investigate related liability issues. It is set to expire in May 2012.
El Centro has decided to authorize and regulate medical marijuana dispensaries while Brawley, Imperial and Holtville banned them.
If Calexico decided to regulate dispensaries, it would need to decide how many to allow, where to allow them and specific rules to regulate activity.
This, however, could implicate the city in federal legal issues as well as potentially expensive legal defense of a regulatory ordinance if challenged, according to the report.
Prohibiting dispensaries could be possible through the city's authority to control land use and wouldn't conflict with patient/primary caregivers' rights under state law.
The report states prohibition opens the city up to possible legal issues though since other cities that have banned dispensaries are facing pending lawsuits that contend that bans are preempted by state medical marijuana laws.
A third option allows for the moratorium to expire and then rely on existing zoning code that doesn't specifically allow dispensaries in the city.
It amounts to a prohibition facing the same litigation risk, but "court cases have upheld a city's ability to regulate dispensaries in this method," according to the report.
If City Council decides on either regulation or prohibition, an ordinance would need to be presented to the city's planning commission before coming back to council for final action.
If you go
What Calexico City Council meeting
When 6:30 p.m. tonight
Where Calexico City Hall, 608 Heber Ave. in Calexico
News Hawk- Jacob Ebel 420 MAGAZINE
Source: ivpressonline.com
Author: Chelcey Adami
Contact: Contact Us
Copyright: Schurz Communications
Website: Calexico City Council to weed through its options on medical marijuana
