Robert Celt
New Member
The Milpitas City Council has extended a temporary ordinance that bans the manufacturing, cultivation or delivery of marijuana within the city's boundaries for an additional 10 months.
The extra time will give city and police officials more time to study the potential risks and benefits of allowing, regulating or banning marijuana.
Before the moratorium ends, the council is expected to vote on a permanent ordinance that could prohibit all marijuana use, exempt patients who need it for medical purposes, or spell out other conditions.
The council unanimously voted at its March 15 meeting to extend the 45-day emergency moratorium it issued on Feb. 2, which otherwise would have ended last Friday.
In addition to banning medical marijuana dispensaries and commercial delivery of marijuana as a previous city ordinance did, the moratorium even prohibits medical marijuana from being grown at home for personal use.
Milpitas was one of many cities across the state that rushed to pass emergency ordinances after Gov. Jerry Brown signed three laws collectively known as the Medical Marijuana Regulation and Safety Act.
One of those laws says cities that did not have an ordinance regulating or prohibiting marijuana cultivation by March 1 would lose their authority to control the drug and the state would become the sole licensing authority.
Mayor Jose Esteves said although the city's ordinance bans commercial marijuana delivery companies from bringing pot into the city, they shouldn't be allowed to use Milpitas streets to transport it to other cities.
As a result, local medical marijuana users would have to go to another city to obtain the drug, though they could smoke or ingest it in Milpitas.
City Attorney Christopher Diaz told the council a number of statewide measures on the November ballot would legalize marijuana if approved by voters.
Diaz said illegal growing operations pollute air and water, pose electrical and fire hazards, create nuisances and attract criminal activities.
Milpitas resident Robert Marini asked Esteves why he opposes marijuana yet supported allowing Bay 101 Casino to relocate from San Jose to Milpitas in 2014. Esteves replied that he didn't back the casino.
Although the whole city council voted in August 2014 to place Measure E on the November ballot, Esteves switched sides a week before the election and opposed the card room, which voters rejected.
"Both (gambling and marijuana) are detrimental to our community," Esteves told the Post in an email Saturday in response to a request for elaboration. "Both have to be rejected from our community. Either one is not less detrimental compared to the other. For example, marijuana is not less detrimental compared to gambling and vice versa."
Milpitas resident Rob Means suggested during the meeting that Milpitas follow in San Jose's footsteps by legalizing, regulating and taxing medical marijuana.
"The city has a revenue problem," Means said. "What I am hearing is that you are turning away revenue and sales tax revenue ... that could help us pay for things ... like the skate park."
Esteves said after the meeting he believes allowing marijuana in Milpitas would attract more crime and any potential revenue from taxing the drug wouldn't be enough to cover the city's needs. And more importantly, he added, it would have a negative impact on children and family.
"We are a family-oriented city, I want to keep it this way," he said.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Milpitas City Council Extends Marijuana Ban 10 More Months
Author: Aliyah Mohammed
Contact: San Jose Mercury News
Photo Credit: None found
Website: San Jose Mercury News
The extra time will give city and police officials more time to study the potential risks and benefits of allowing, regulating or banning marijuana.
Before the moratorium ends, the council is expected to vote on a permanent ordinance that could prohibit all marijuana use, exempt patients who need it for medical purposes, or spell out other conditions.
The council unanimously voted at its March 15 meeting to extend the 45-day emergency moratorium it issued on Feb. 2, which otherwise would have ended last Friday.
In addition to banning medical marijuana dispensaries and commercial delivery of marijuana as a previous city ordinance did, the moratorium even prohibits medical marijuana from being grown at home for personal use.
Milpitas was one of many cities across the state that rushed to pass emergency ordinances after Gov. Jerry Brown signed three laws collectively known as the Medical Marijuana Regulation and Safety Act.
One of those laws says cities that did not have an ordinance regulating or prohibiting marijuana cultivation by March 1 would lose their authority to control the drug and the state would become the sole licensing authority.
Mayor Jose Esteves said although the city's ordinance bans commercial marijuana delivery companies from bringing pot into the city, they shouldn't be allowed to use Milpitas streets to transport it to other cities.
As a result, local medical marijuana users would have to go to another city to obtain the drug, though they could smoke or ingest it in Milpitas.
City Attorney Christopher Diaz told the council a number of statewide measures on the November ballot would legalize marijuana if approved by voters.
Diaz said illegal growing operations pollute air and water, pose electrical and fire hazards, create nuisances and attract criminal activities.
Milpitas resident Robert Marini asked Esteves why he opposes marijuana yet supported allowing Bay 101 Casino to relocate from San Jose to Milpitas in 2014. Esteves replied that he didn't back the casino.
Although the whole city council voted in August 2014 to place Measure E on the November ballot, Esteves switched sides a week before the election and opposed the card room, which voters rejected.
"Both (gambling and marijuana) are detrimental to our community," Esteves told the Post in an email Saturday in response to a request for elaboration. "Both have to be rejected from our community. Either one is not less detrimental compared to the other. For example, marijuana is not less detrimental compared to gambling and vice versa."
Milpitas resident Rob Means suggested during the meeting that Milpitas follow in San Jose's footsteps by legalizing, regulating and taxing medical marijuana.
"The city has a revenue problem," Means said. "What I am hearing is that you are turning away revenue and sales tax revenue ... that could help us pay for things ... like the skate park."
Esteves said after the meeting he believes allowing marijuana in Milpitas would attract more crime and any potential revenue from taxing the drug wouldn't be enough to cover the city's needs. And more importantly, he added, it would have a negative impact on children and family.
"We are a family-oriented city, I want to keep it this way," he said.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Milpitas City Council Extends Marijuana Ban 10 More Months
Author: Aliyah Mohammed
Contact: San Jose Mercury News
Photo Credit: None found
Website: San Jose Mercury News
