Recalls, Medical Marijuana Take Center Stage In Upland, CA

Robert Celt

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In the span of almost a year the city has faced two efforts to overturn the ban on medical marijuana dispensaries, and if that's not enough, four separate efforts were initiated to recall all but one member of the council.

The level of activity is highly unusual says a University of La Verne professor who focuses on local elections and governance.

"It seems to speak to some of the financial difficulties Upland is facing and a lack of consensus on how to move forward as a city," said Marcia Godwin, associate professor of Public Administration at the University of La Verne.

LEADING THE RECALL

In September, Mayor Ray Musser was notified he was the subject of a recall petition, claiming Musser had the deciding vote to remove school crossings that led to the death of a child.

Back in September, residents had threatened to oust the entire council if Upland's general plan – the city's blueprint for development – was approved. In January, Council members Carol Timm, Debbie Stone and Gino Filippi were notified of the intent to recall. The trio backed the update to the general plan.

Time will tell if residents will follow through with their claims, Godwin said.

"Recall petitions are relatively difficult to do," she said. "Often, it speaks to a short-term concern and it's hard to sustain that for the long term. If it's a policy issue, it will be hard to sustain the interests."

Godwin said the last wave of recall initiatives involving several politicians that she could recall was in Covina in the 90s when residents were concerned about a utility tax.

The lone Upland elected official who isn't facing a recall effort is Councilman Glenn Bozar.

"I can't believe somebody wants to do a special election again – it's pretty sad," he said at the Jan. 25 council meeting.

Bozar said he has been asked if he was involved in the latest round of recall motions.

"I don't have anything to do with it, I wouldn't get into grade school stuff like what's going on," he said.

He's not the only one who is getting restless. In the past couple of weeks, residents have taken to the podium at council meetings to voice their displeasure.

"I think it's a tragedy to do that to the council, and I think it's a tragedy to do it to the citizens. I don't think there's any place for it in Upland," said Dave Stevens, who served as Timm's campaign manager.

ONGOING MEDICAL MARIJUANA BATTLE

On the issue of medical marijuana dispensaries, Upland – more than any city in the region – has dealt with efforts to overturn its existing ban.

Godwin said Upland could have been targeted not only because it is a financially-stressed city, but because the size of its population. The city's population would weigh in the proponents favor to get the necessary votes to pass a measure, she explained.

"The proponents may have seen Upland in a position to not be able to act on it," Godwin said.

The California Cannabis Coalition, representing Upland residents, successfully gathered enough signatures to force a special election. The initiative calls on the city to overturn the ban to allow three medical marijuana dispensaries to operate. The initiative calls for the dispensaries to pay $75,000 in licensing and inspection fees.

The city contended the fees were a tax and placed on the initiative on the November ballot. The issue is currently being played out in court; a recent tentative opinion from the court of appeals could force special election as early as June.

A second campaign to overturn the city's ban on marijuana dispensaries launched in May but failed to gather necessary signatures.

Craig Beresh, executive director of the California Cannabis Coalition said the second effort was suspended because the coalition wanted to focus its campaign on the Nov. election.

He said Upland is not the only city where it's attempting to get the ban reversed, noting the initial effort got the backing of 15 percent of the voters.

"The voters want to see it," he said. "I've seen more people asking for a special election. People on the city council are saying that people don't want it but where are the facts?"

It's not for financial reasons, either, he said.

"Upland has put up a whole lot of money to put up a fight," he said. "I could pick a lot of easier cities – it's a matter that the people want it."

Paul Chabot, executive director of Drug-Free RC, also backs Godwin's view.

"My belief is opportunist see an opening in a smaller city like Upland – which has seen finance issues in the past – to force the city to negotiate to allow dispensaries, rather than have the city expend funds to fight," he said. "To me, it's nothing other than Upland being bullied."

Chabot said he hopes Upland stays the course.

"I think no matter what, Upland will defeat a medical marijuana initiative; whether it's a special election or a regular election," he said.

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Recalls, Medical Marijuana Take Center Stage In Upland, CA
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