Robert Celt
New Member
The Oceanside City Council has voted to continue its ban on commercial medical marijuana – including the cultivation, sale or delivery of cannabis.
An ordinance approved 4-1 Wednesday reaffirms the Council's position under the Medical Marijuana Regulation and Safety Act that removes the authority of local governments to regulate medical marijuana if they don't update their ordinances. The group of new state laws also require cities to clearly address the issue of delivery, and despite continuing the ban for now, the Council left open the possibility of a future vote to decide the issue.
"You've made a case that there is a need here in Oceanside for access by some of our older residents," Councilwoman Esther Sanchez said. "I would like us to consider putting this ordinance into place, but also asking staff to look into potential regulations for deliveries."
The Council unanimously agreed against allowing dispensaries and commercial cultivation of medical marijuana within the city, because a number of robberies have occurred involving marijuana.
"Our problems with the Police Department have been how (medical marijuana) is distributed, and where it's distributed," said Mayor Jim Wood.
Police Lt. Adam Knowland said that between January 2012 and Oct. 30, 2015, 45 robberies related to the sale, purchase or possession of marijuana occurred within the city of Oceanside. Knowland did not clarify if the robberies were specific to medical marijuana, but his report acknowledged at least one case of commercial robbery related to marijuana.
"It doesn't seem like the community is in favor of dispensaries, because of what the police said here today," Councilman Jerry Kern said.
Kern noted that because Federal law prohibits medical marijuana, dispensaries cannot use banks and are cash-only businesses, which attracts robbers.
Dr. Paula Shore, of the Oceanside 420 Alternative Medicine Evaluation Center, said she understands there are dangers associated with dispensaries, and the Council should consider allowing deliveries so people can still get their medicine.
"Not having storefronts is one thing, but telling people they can't drive it to other patients is ridiculous," Shore said. "A lot of homebound people don't have caregivers."
Deputy Mayor Chuck Lowery called for an immediate end to the ban on commercial delivery services, but the rest of the Council did not support Lowery's proposal, and instead sent the issue back to staff to research.
Councilman Jack Feller did not comment on the matter.
The bans on the cultivation and sale of medical marijuana operate through the city's zoning ordinance, which prohibits land uses that aren't specifically allowed. State law still allows people to grow up to six plants, however.
"This ordinance does not disqualify cultivation by a qualified patient or primary caregiver," City Attorney John Mullen said.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: California: Oceanside Keeps Medical Marijuana Bans In Wake Of New State Laws
Author: Ruarri Serpa
Contact: Seaside Courier
Photo Credit: Shutterstock
Website: Seaside Courier
An ordinance approved 4-1 Wednesday reaffirms the Council's position under the Medical Marijuana Regulation and Safety Act that removes the authority of local governments to regulate medical marijuana if they don't update their ordinances. The group of new state laws also require cities to clearly address the issue of delivery, and despite continuing the ban for now, the Council left open the possibility of a future vote to decide the issue.
"You've made a case that there is a need here in Oceanside for access by some of our older residents," Councilwoman Esther Sanchez said. "I would like us to consider putting this ordinance into place, but also asking staff to look into potential regulations for deliveries."
The Council unanimously agreed against allowing dispensaries and commercial cultivation of medical marijuana within the city, because a number of robberies have occurred involving marijuana.
"Our problems with the Police Department have been how (medical marijuana) is distributed, and where it's distributed," said Mayor Jim Wood.
Police Lt. Adam Knowland said that between January 2012 and Oct. 30, 2015, 45 robberies related to the sale, purchase or possession of marijuana occurred within the city of Oceanside. Knowland did not clarify if the robberies were specific to medical marijuana, but his report acknowledged at least one case of commercial robbery related to marijuana.
"It doesn't seem like the community is in favor of dispensaries, because of what the police said here today," Councilman Jerry Kern said.
Kern noted that because Federal law prohibits medical marijuana, dispensaries cannot use banks and are cash-only businesses, which attracts robbers.
Dr. Paula Shore, of the Oceanside 420 Alternative Medicine Evaluation Center, said she understands there are dangers associated with dispensaries, and the Council should consider allowing deliveries so people can still get their medicine.
"Not having storefronts is one thing, but telling people they can't drive it to other patients is ridiculous," Shore said. "A lot of homebound people don't have caregivers."
Deputy Mayor Chuck Lowery called for an immediate end to the ban on commercial delivery services, but the rest of the Council did not support Lowery's proposal, and instead sent the issue back to staff to research.
Councilman Jack Feller did not comment on the matter.
The bans on the cultivation and sale of medical marijuana operate through the city's zoning ordinance, which prohibits land uses that aren't specifically allowed. State law still allows people to grow up to six plants, however.
"This ordinance does not disqualify cultivation by a qualified patient or primary caregiver," City Attorney John Mullen said.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: California: Oceanside Keeps Medical Marijuana Bans In Wake Of New State Laws
Author: Ruarri Serpa
Contact: Seaside Courier
Photo Credit: Shutterstock
Website: Seaside Courier
