Jacob Bell
New Member
Newark, CA. -- Newark's City Council may take a hard line on medical marijuana dispensaries when it meets Thursday.
Police Chief James Leal and City Attorney Gary Galliano are urging council members to adopt an emergency ordinance that would prohibit the establishment and operation of medical marijuana dispensaries in Newark.
At the same time, they are asking the council to approve a first reading of an ordinance that would impose the same ban on a long-term, non-urgent basis.
The council is also expected to uphold the Newark Planning Commission's denial of a conditional use permit and planned unit development for The N.B.D. Collective, a medical marijuana dispensary operating at 7180 Thornton Ave. Roberts & Elliott, attorneys for the collective, filed an appeal of the planning commission's decision on Oct. 18.
And in yet another cannabis-related action, council members are likely to uphold a decision by City Manager John Becker and City Clerk Sheila Harrington to deny a business license to Alpha Rising Inc. for a medical marijuana dispensary at 7200 Jarvis Ave. City staff said Alpha Rising Inc. appears to be operating illegally.
"A very recent development has occurred that closes the door on other regulatory options," says the report from Galliano and Leal urging the new ordinances.
"On October 4, 2011, in a case binding on cities throughout California, the Court of Appeal held that an ordinance adopted by the City of Long Beach to regulate medical marijuana dispesaries was preempted by federal law and, therefore, was void ... The court held that the Long Beach ordinance, which establishes a scheme for the city to permit the sale and distribution of marijuana, 'authorizes individuals to engage in conduct the federal [Controlled Subtances] Act forbids,' and stands as an obstacle to the accomplishment and execution of Congress's objectives."
However, some state and local officials are calling for a reform of the federal government's policy on medical marijuana.
In a Tuesday rally in San Francisco, attended by Assemblyman Tom Ammiano, D-San Francisco, Fairfax Mayor Larry Bragman and San Francisco Supervisor David Campos, officials pointed to California's Compassionate Use Act, approved by voters as Proposition 215 in 1996, which allows seriously ill patients to use marijuana with a doctor's permission.
The officials are calling on the federal government to change course after the U.S. Department of Justice announced earlier this month that it would be boosting criminal and civil enforcement efforts to shut down large-scale commercial marijuana enterprises.
The N.B.D. Collective has been embroiled for months in both criminal and civil troubles with the city and state. The California Department of Justice and Newark police searched the pot clinic in June as part of a multi-city raid, and the owners were charged with numerous felonies.
Also Thursday night, the council will be asked to declare recent vandalism to public lighting at Sportsfield Park an emergency. The declaration, which requires a four-fifths vote, would let the city proceed with repairs immediately, without going through a competitive bidding process.
The council will meet Thursday, Oct. at 7:30 p.m. in the council chambers at the City Administration Building, 37101 Newark Blvd.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: newark.patch.com
Author: Dixie Jordan
Contact: Contact Us
Copyright: Patch
Website: Police Chief, City Attorney Ask for Emergency Ban on Medical Marijuana Dispensaries
Police Chief James Leal and City Attorney Gary Galliano are urging council members to adopt an emergency ordinance that would prohibit the establishment and operation of medical marijuana dispensaries in Newark.
At the same time, they are asking the council to approve a first reading of an ordinance that would impose the same ban on a long-term, non-urgent basis.
The council is also expected to uphold the Newark Planning Commission's denial of a conditional use permit and planned unit development for The N.B.D. Collective, a medical marijuana dispensary operating at 7180 Thornton Ave. Roberts & Elliott, attorneys for the collective, filed an appeal of the planning commission's decision on Oct. 18.
And in yet another cannabis-related action, council members are likely to uphold a decision by City Manager John Becker and City Clerk Sheila Harrington to deny a business license to Alpha Rising Inc. for a medical marijuana dispensary at 7200 Jarvis Ave. City staff said Alpha Rising Inc. appears to be operating illegally.
"A very recent development has occurred that closes the door on other regulatory options," says the report from Galliano and Leal urging the new ordinances.
"On October 4, 2011, in a case binding on cities throughout California, the Court of Appeal held that an ordinance adopted by the City of Long Beach to regulate medical marijuana dispesaries was preempted by federal law and, therefore, was void ... The court held that the Long Beach ordinance, which establishes a scheme for the city to permit the sale and distribution of marijuana, 'authorizes individuals to engage in conduct the federal [Controlled Subtances] Act forbids,' and stands as an obstacle to the accomplishment and execution of Congress's objectives."
However, some state and local officials are calling for a reform of the federal government's policy on medical marijuana.
In a Tuesday rally in San Francisco, attended by Assemblyman Tom Ammiano, D-San Francisco, Fairfax Mayor Larry Bragman and San Francisco Supervisor David Campos, officials pointed to California's Compassionate Use Act, approved by voters as Proposition 215 in 1996, which allows seriously ill patients to use marijuana with a doctor's permission.
The officials are calling on the federal government to change course after the U.S. Department of Justice announced earlier this month that it would be boosting criminal and civil enforcement efforts to shut down large-scale commercial marijuana enterprises.
The N.B.D. Collective has been embroiled for months in both criminal and civil troubles with the city and state. The California Department of Justice and Newark police searched the pot clinic in June as part of a multi-city raid, and the owners were charged with numerous felonies.
Also Thursday night, the council will be asked to declare recent vandalism to public lighting at Sportsfield Park an emergency. The declaration, which requires a four-fifths vote, would let the city proceed with repairs immediately, without going through a competitive bidding process.
The council will meet Thursday, Oct. at 7:30 p.m. in the council chambers at the City Administration Building, 37101 Newark Blvd.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: newark.patch.com
Author: Dixie Jordan
Contact: Contact Us
Copyright: Patch
Website: Police Chief, City Attorney Ask for Emergency Ban on Medical Marijuana Dispensaries
