LONG BEACH, CA. - After months of meetings, confusion and debate, the City Council may come out of its medical marijuana stupor Tuesday.
City Attorney Bob Shannon will present council members with his latest version of a law to regulate medical marijuana collectives in Long Beach.
"I think we're just about there now, but that's for them to decide," Shannon said Friday.
Although Shannon said his proposed ordinance is less restrictive than had initially been discussed by the council, medical marijuana advocates called it "a de facto ban" on collectives because of the prohibitions on where they can locate.
"There's been a significant accommodation to the needs of the medical marijuana patient, while at the same time establishing the fundamental legal principle that you can't legally sell marijuana for profit," said Shannon, who noted that at the behest of the Police Department and the Department of Health and Human Services the restrictions were lessened.
William Britt, a medical marijuana patient and executive director of the Association of Patient Advocates, said that under the proposal most Long Beach collectives would have to close.
"This will be a ban," Britt said. "Making it so restrictive that you can't open a collective anywhere in the city, that's unconstitutional."
Under the proposed rules for Long Beach, collectives would be prohibited from locating within a residential zone, 1,500 feet of a school, or 1,000 feet of a state licensed child-care facility, playground, youth center or another medical marijuana collective. Collectives wouldn't be allowed to operate before 10 a.m. or after 8 p.m.
Along with the ordinance, Shannon has provided the council with several maps showing which areas of the city would allow collectives under these restrictions and what changing the size or definitions of some of the buffer zones would do.
"I didn't get the sense that the council is tied into a magic number with any certainty, and that's why we presented the alternatives," Shannon said.
The map based on Shannon's proposal reveals only a few business corridors and industrial areas where collectives could legally operate under the new law.
The ordinance would also prohibit the sale of medical marijuana and marijuana products, though Shannon said he understands that collectives will still need money to operate.
"I don't think we need to go so far as to say anytime money changes hands it's a sale," Shannon said.
Collectives would have to register with the city, receive a permit and provide detailed information, such as site plans, photos of the interior and exterior, provide security cameras, use a ventilation system to prevent odors from getting outside, and give written proof that the landlord or property owner is aware that the site will be used for a collective, among other requirements.
The ordinance eliminates several rules that had been outlined in a previous form of the ordinance. Among them was a requirement that collectives list the name, address and telephone number of each of their members, which had raised the ire of collective operators.
Now, that information would only need to be given about the management members of a collective.
Council and community members have become concerned over the growing number of medical marijuana collectives in Long Beach, estimated at 50 to 60.
California voters approved Proposition 215 in 1996 to allow the use of marijuana for medicinal purposes. Collectives must register with the state, but the law allows local governments to create their own regulations as well.
Some cities have attempted to ban medical marijuana establishments, while others have been more accepting, and one city, Oakland, has sought to profit from collectives by taxing them.
Britt and other area medical marijuana advocates say Long Beach should take Oakland's lead. He said the collectives help support the local economy.
"If they close down 50 clubs, that's 50 landlords that won't get paid their rent," Britt said. "That's a lot of employees."
Shannon said his office has done the best it can to create a fair law, given the legally murky waters surrounding California's medical marijuana laws and the varied interpretations of them.
"This is an effort to make logically consistent something that's virtually impossible to make logically consistent, thank you Sacramento," Shannon said.
_______________________
Medical marijuana ordinance
The newest version of an ordinance to regulate medical marijuana dispensaries will be considered by the council Tuesday. Under the proposal, collectives would:
- Be prohibited from locating within a residential zone
- Be prohibited from being within 1,500 feet of a school
- Be prohibited from locating within 1,000 feet of a state licensed child care facility, playground, youth center or another medical marijuana collective
- Not be allowed to operate before 10 a.m. or after 8 p.m.
- Have to register with the city
- Have to have security cameras
- Have to use a ventilation system to ensure the smell doesn't leave the building
- Have to provide the name address and phone number of managing members, but not all members
- Not be allowed to sell marijuana or marijuana products
- Be able to appeal a permit denial to the City Council
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Press-Telegram
Author: Paul Eakins
Contact: Home - Press-Telegram
Copyright: Los Angeles Newspaper group
Website:Council to consider medical pot ordinance Tuesday
City Attorney Bob Shannon will present council members with his latest version of a law to regulate medical marijuana collectives in Long Beach.
"I think we're just about there now, but that's for them to decide," Shannon said Friday.
Although Shannon said his proposed ordinance is less restrictive than had initially been discussed by the council, medical marijuana advocates called it "a de facto ban" on collectives because of the prohibitions on where they can locate.
"There's been a significant accommodation to the needs of the medical marijuana patient, while at the same time establishing the fundamental legal principle that you can't legally sell marijuana for profit," said Shannon, who noted that at the behest of the Police Department and the Department of Health and Human Services the restrictions were lessened.
William Britt, a medical marijuana patient and executive director of the Association of Patient Advocates, said that under the proposal most Long Beach collectives would have to close.
"This will be a ban," Britt said. "Making it so restrictive that you can't open a collective anywhere in the city, that's unconstitutional."
Under the proposed rules for Long Beach, collectives would be prohibited from locating within a residential zone, 1,500 feet of a school, or 1,000 feet of a state licensed child-care facility, playground, youth center or another medical marijuana collective. Collectives wouldn't be allowed to operate before 10 a.m. or after 8 p.m.
Along with the ordinance, Shannon has provided the council with several maps showing which areas of the city would allow collectives under these restrictions and what changing the size or definitions of some of the buffer zones would do.
"I didn't get the sense that the council is tied into a magic number with any certainty, and that's why we presented the alternatives," Shannon said.
The map based on Shannon's proposal reveals only a few business corridors and industrial areas where collectives could legally operate under the new law.
The ordinance would also prohibit the sale of medical marijuana and marijuana products, though Shannon said he understands that collectives will still need money to operate.
"I don't think we need to go so far as to say anytime money changes hands it's a sale," Shannon said.
Collectives would have to register with the city, receive a permit and provide detailed information, such as site plans, photos of the interior and exterior, provide security cameras, use a ventilation system to prevent odors from getting outside, and give written proof that the landlord or property owner is aware that the site will be used for a collective, among other requirements.
The ordinance eliminates several rules that had been outlined in a previous form of the ordinance. Among them was a requirement that collectives list the name, address and telephone number of each of their members, which had raised the ire of collective operators.
Now, that information would only need to be given about the management members of a collective.
Council and community members have become concerned over the growing number of medical marijuana collectives in Long Beach, estimated at 50 to 60.
California voters approved Proposition 215 in 1996 to allow the use of marijuana for medicinal purposes. Collectives must register with the state, but the law allows local governments to create their own regulations as well.
Some cities have attempted to ban medical marijuana establishments, while others have been more accepting, and one city, Oakland, has sought to profit from collectives by taxing them.
Britt and other area medical marijuana advocates say Long Beach should take Oakland's lead. He said the collectives help support the local economy.
"If they close down 50 clubs, that's 50 landlords that won't get paid their rent," Britt said. "That's a lot of employees."
Shannon said his office has done the best it can to create a fair law, given the legally murky waters surrounding California's medical marijuana laws and the varied interpretations of them.
"This is an effort to make logically consistent something that's virtually impossible to make logically consistent, thank you Sacramento," Shannon said.
_______________________
Medical marijuana ordinance
The newest version of an ordinance to regulate medical marijuana dispensaries will be considered by the council Tuesday. Under the proposal, collectives would:
- Be prohibited from locating within a residential zone
- Be prohibited from being within 1,500 feet of a school
- Be prohibited from locating within 1,000 feet of a state licensed child care facility, playground, youth center or another medical marijuana collective
- Not be allowed to operate before 10 a.m. or after 8 p.m.
- Have to register with the city
- Have to have security cameras
- Have to use a ventilation system to ensure the smell doesn't leave the building
- Have to provide the name address and phone number of managing members, but not all members
- Not be allowed to sell marijuana or marijuana products
- Be able to appeal a permit denial to the City Council
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Press-Telegram
Author: Paul Eakins
Contact: Home - Press-Telegram
Copyright: Los Angeles Newspaper group
Website:Council to consider medical pot ordinance Tuesday
