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Cathedral City council members held off deciding whether to lift the city's ban on the operation of medical marijuana dispensaries Tuesday night, and continued their discussion until council's Aug. 10 meeting.
Mayor Kathy DeRosa requested to table the item so council could review resident emails on the issue, which were sent to City Manager Andy Hall.
During Tuesday's meeting, City Attorney Charles Green sought to help council understand the Compassionate Use Act, which legalized the use of medical marijuana in the state of California.
"The law does not legalize dispensaries," Green said. "I'm concerned people will think our lifting of the ban means it's OK for dispensaries to operate."
The law, also known as Proposition 215, specifically characterizes dispensaries as the "dispensing arm of a legal cooperative or collective. If it is not – and is just operating as we have seen so far – then it would not be legal under that statute," Green said.
State law, he added, dictates that a dispensary be run as a nonprofit that charges members of a collective only what is necessary to cover the dispensary's operating costs.
Green told council he believes those dispensaries that are operating legally do not do this and therefore are not in compliance with the Compassionate Care Act.
"This act is poorly written," Green added. "The courts and the attorney general have provided guidelines as to how we are to interpret it and it is what it is. ... Lifting the ban is fine. But we still need to obey the law."
"We need to lift the ban and allow our residents to get the medicine they need," Councilman Greg Pettis said.
Councilman Sam Toles said that the cost to enforce the existing ban is costly to the city. Taxes collected from legally operating dispensaries can be used toward the prevention of illegal dispensaries, he said.
Palm Springs is the only city in the valley and the county to allow medical marijuana dispensaries, permitting three to operate legally within its boundaries. It is fighting to shut the doors of several others operating without permits.
The rest of the valley's cities, along with Riverside County, have banned dispensaries from operating in their boundaries.
Rancho Mirage was the last valley city to enact a dispensary ban in 2011, after a draft ordinance that would have allowed two dispensaries to operate there failed to make it to a City Council vote.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: mydesert.com
Author: Tamara Sone
Contact: Feedback | The Desert Sun | mydesert.com
Website: The Desert Sun | Palm Springs and Coachella Valley news
Mayor Kathy DeRosa requested to table the item so council could review resident emails on the issue, which were sent to City Manager Andy Hall.
During Tuesday's meeting, City Attorney Charles Green sought to help council understand the Compassionate Use Act, which legalized the use of medical marijuana in the state of California.
"The law does not legalize dispensaries," Green said. "I'm concerned people will think our lifting of the ban means it's OK for dispensaries to operate."
The law, also known as Proposition 215, specifically characterizes dispensaries as the "dispensing arm of a legal cooperative or collective. If it is not – and is just operating as we have seen so far – then it would not be legal under that statute," Green said.
State law, he added, dictates that a dispensary be run as a nonprofit that charges members of a collective only what is necessary to cover the dispensary's operating costs.
Green told council he believes those dispensaries that are operating legally do not do this and therefore are not in compliance with the Compassionate Care Act.
"This act is poorly written," Green added. "The courts and the attorney general have provided guidelines as to how we are to interpret it and it is what it is. ... Lifting the ban is fine. But we still need to obey the law."
"We need to lift the ban and allow our residents to get the medicine they need," Councilman Greg Pettis said.
Councilman Sam Toles said that the cost to enforce the existing ban is costly to the city. Taxes collected from legally operating dispensaries can be used toward the prevention of illegal dispensaries, he said.
Palm Springs is the only city in the valley and the county to allow medical marijuana dispensaries, permitting three to operate legally within its boundaries. It is fighting to shut the doors of several others operating without permits.
The rest of the valley's cities, along with Riverside County, have banned dispensaries from operating in their boundaries.
Rancho Mirage was the last valley city to enact a dispensary ban in 2011, after a draft ordinance that would have allowed two dispensaries to operate there failed to make it to a City Council vote.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: mydesert.com
Author: Tamara Sone
Contact: Feedback | The Desert Sun | mydesert.com
Website: The Desert Sun | Palm Springs and Coachella Valley news
