Jacob Redmond
Well-Known Member
An Orange County judge has ruled that Costa Mesa voters will have to wait until November 2016 to decide whether to bring regulated medical marijuana dispensaries to town, defeating a challenge that asked for a special election to be held much sooner.
The lawsuit, filed by the authors of an initiative that would permit four medical pot dispensaries to operate in Costa Mesa, alleged the city violated state election law in delaying the cannabis vote.
Two petitions to permit regulated medical marijuana shops in Costa Mesa began circulating in mid 2014, and by October of that year, both had gained enough signatures to force a special election in early 2015.
But in December, the City Council decided to delay the vote on the initiatives until the November 2016 election. The council reasoned that because the measures seek to impose a tax on cannabis sales, the California Constitition would require the vote to take place during a general election, trumping election law.
In March, shortly after Costa Mesa killed its own attempt at a medical marijuana ordinance, the authors of both initiatives sued the city, demanding a special election.
On Sept. 15, Orange County Superior Court Judge John Gastelum sided with the city on all claims in the lawsuit filed by Los Angeles attorney David Welch on behalf of Costa Mesa marijuana advocates Taylor Webster and Michael Levesque.
"We are happy that the judge agreed that the city's interpretation was correct," said Costa Mesa CEO Tom Hatch, "that any initiative with tax implications should be decided during a general election rather than a special election."
Costa Mesa has banned marijuana dispensaries since 2005.
Welch could not be reached for comment at the time of publication.
The second lawsuit, filed by Fullerton attorney Randall Longwith on behalf of Costa Mesa resident Rob Taft Jr., is still in the pretrial stages.
The authors of both marijuana initiatives have publicly stated that they might launch additional petitions if the courts side against them. In May, Welch submitted paperwork to Costa Mesa that allows him to begin circulating a third cannabis petition whenever he wants. His new initiative lacks the tax that allowed Costa Mesa to postpone the ballot vote.
But the option to circulate a new petition is becoming less feasible: the signature collection period lasts 180 days, followed by a month to verify and count signatures, another month or two for the council to consider the item, followed by another three month gap before a special election could be held. By that time, the November 2016 election might be only a couple of months away.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: No medical marijuana ballot measure before November 2016 in Costa Mesa
Author: Jordan Graham
Contact: Email Author
Photo Credit: Aypeg21/Flickr
Website: The Orange County Register
The lawsuit, filed by the authors of an initiative that would permit four medical pot dispensaries to operate in Costa Mesa, alleged the city violated state election law in delaying the cannabis vote.
Two petitions to permit regulated medical marijuana shops in Costa Mesa began circulating in mid 2014, and by October of that year, both had gained enough signatures to force a special election in early 2015.
But in December, the City Council decided to delay the vote on the initiatives until the November 2016 election. The council reasoned that because the measures seek to impose a tax on cannabis sales, the California Constitition would require the vote to take place during a general election, trumping election law.
In March, shortly after Costa Mesa killed its own attempt at a medical marijuana ordinance, the authors of both initiatives sued the city, demanding a special election.
On Sept. 15, Orange County Superior Court Judge John Gastelum sided with the city on all claims in the lawsuit filed by Los Angeles attorney David Welch on behalf of Costa Mesa marijuana advocates Taylor Webster and Michael Levesque.
"We are happy that the judge agreed that the city's interpretation was correct," said Costa Mesa CEO Tom Hatch, "that any initiative with tax implications should be decided during a general election rather than a special election."
Costa Mesa has banned marijuana dispensaries since 2005.
Welch could not be reached for comment at the time of publication.
The second lawsuit, filed by Fullerton attorney Randall Longwith on behalf of Costa Mesa resident Rob Taft Jr., is still in the pretrial stages.
The authors of both marijuana initiatives have publicly stated that they might launch additional petitions if the courts side against them. In May, Welch submitted paperwork to Costa Mesa that allows him to begin circulating a third cannabis petition whenever he wants. His new initiative lacks the tax that allowed Costa Mesa to postpone the ballot vote.
But the option to circulate a new petition is becoming less feasible: the signature collection period lasts 180 days, followed by a month to verify and count signatures, another month or two for the council to consider the item, followed by another three month gap before a special election could be held. By that time, the November 2016 election might be only a couple of months away.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: No medical marijuana ballot measure before November 2016 in Costa Mesa
Author: Jordan Graham
Contact: Email Author
Photo Credit: Aypeg21/Flickr
Website: The Orange County Register
