Could El Centro Do Away With Dispensaries?

Jacob Bell

New Member
El Centro, CA -- The ordinance approving medical marijuana dispensaries in El Centro was approved four months ago.

But now the City Manager tells News 11 they may be back to square one.

El Centro is the only city in Imperial County that legalized medical marijuana dispensaries.

However, now El Centro may have to change the ordinance or get rid of it all together.

City Manager Ruben Duran explains "We could have liability on this through federal or state actions if we proceed. That's why we have to be careful on this."

Monday was supposed to be the application deadline for dispensaries to get permits. However, the city has put suspended the process for now.

Duran says the city government is worried about the 2nd District Court of Appeals ruling in Pack vs. Long Beach.

He explains El Centro, Long Beach and many other California cities have very similar ordinances.

The high court recently decided a city issuing permits assumes medical marijuana is legal, which is legal in California but goes against federal law.

This means many restrictions in the permitting process, including the number of dispensaries allowed and security measures the businesses must take are illegal as well.

The high court also decided requiring dispensaries to test cannabis, which is part of both Long Beach and El Centro's ordinances, is illegal.

Duran explains "by requiring testing, we're requiring transportation and transportation of cannabis violates federal law."

The city government would only be able to have a say on where dispensaries operate, as part of its zoning responsibilities.

El Centro's also been taking the federal government crackdown of medical marijuana dispensaries in California into account.

Duran explains the crackdown is not targeting users — but rather the dispensaries making significant profits and therefore "we see a chilling effect on landlord's renting space because of this and maybe losing property."

The city council now has four options during Tuesday evening's meeting.

They can continue with the current application process, extend the application deadline, change the current ordinance or repeal the ordinance and outlaw dispensaries.

The city council is expected to vote on the issue on Tuesday, October 18th. The meeting begins at 6:00 in the evening at City Council Chambers. Public comment is welcome.

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