Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
After losing a court ruling, the Santa Barbara City Council is considering a change to its 2010 medical marijuana dispensary ordinance, a move that could allow five dispensaries to operate within city limits.
The City Attorney recommended changes to the ordinance after a recent court ruling against the city in a lawsuit by one of the dispensaries that was ordered to close down due to the new ordinances.
Santa Barbara Mayor Helene Schneider predicted an easy passage for changes, believing they were reasonable given the court rulings.
"I hope to get a 7-0 vote out of it," Schneider said.
The trouble began when a number of dispensaries began cropping up in Santa Barbara in 2007-2008. In response, the city created zoning ordinances for dispensaries in March of 2008.
Concern began to grow over the dispensaries as a number of them were accused of violating state laws. They were shut down or raided. In 2010, the city revisited its regulations, opting to change the ordinance, putting a limit on three dispensaries in the city.
The city also extended from 500 to 600 feet the minimum distance that a dispensary could operate from a school.
These changes put the Green Well, located 532 feet from Santa Barbara Junior High, in violation of the ordinance.
The city gave the owners six months to close down their business.
Instead, they sued, arguing that the city's order violated their Constitutional rights. In a preliminary hearing, federal court judge Dean Pregerson granted them an injunction against the city's order, writing that it violated their "due process".
According to the City Attorney, though a preliminary ruling isn't final, it does indicate that Pregerson would likely side with the plaintiffs.
Furthermore, Pregerson would also be presiding over a similar case with the Green Light dispensary on Olive Street, an area designated to be outside of the five zones permitted to operate dispensaries. No rulings have been made in that case yet, but the similarities suggest they would not favor the city.
On Jan. 11, City Attorney Stephen Wiley went to the City Ordinance Subcommittee to propose amending the City's June ordinance to allow exemptions for the two dispensaries.
Wiley stressed that the amendment would only exempt them from the zoning requirements provided by in the 2010 amendment. They would still have to comply with the 2008 ordinance and cannot cease operations for longer than 30 days.
The subcommittee, composed of council members Frank Hotchkiss, Grant House, and Bendy White voted to approve the amendments. House cast the lone dissenting vote on the 2010 ordinance, citing the effect on the two dispensaries.
Though they are "grandfathered" by the amendments, the dispensaries cannot transfer their permits to another operator. Should the operators leave or close down business, they could not be replaced.
Owners of the Green Well and Green Light could not be reached for comment on how the amendments would affect their cases against the city.
Jaime Merrick, operator of Pacific Coast Collective, said the amendments won't affect him directly as his location is within the 2010 guidelines. But Merrick said he and the other dispensaries are wondering if the Green Well and Green Light day-to-day operations have to conform to the 2010 amendments.
Merrick said that the new ordinance restricted membership to Santa Barbara City residents, required 24 hour confirmation period before a patient can use the dispensary's service, put in a 6 p.m. curfew, and prevented operations on Sunday. The 2008 ordinance does not have these restrictions.
"Is there going to be fair business practice enforced?" Merrick asked. "Or will these two clubs that have injunctions have an unfair business advantage over the store fronts that have been compliant?"
Schneider doesn't believe there will be any lingering effects on the city's dispensary policies. She said the new guidelines were there to make sure the dispensaries were not clustered in one neighborhood.
"My philosophy is to provide reasonable access for people who need and have doctor recommendations and also create enough regulation so that we know it's a safe operation," Schneider said.
Marijuana dispensaries have been a heated topic in Santa Barbara politics. The council has tightened their restrictions on dispensaries over the years, and a ballot initiative, Measure T, banning dispensaries in the city lost at the polls in November amid a campaign that included vandalism on pro-T signs.
NewsHawk: Jim Behr: 420 MAGAZINE
Source: Daily Sound (Santa Barbara, CA)
Copyright: 2011 Daily Sound
Contact: Daily Sound
Website: The Daily Sound
Details: MapInc
Author: Nick C. Tonkin
The City Attorney recommended changes to the ordinance after a recent court ruling against the city in a lawsuit by one of the dispensaries that was ordered to close down due to the new ordinances.
Santa Barbara Mayor Helene Schneider predicted an easy passage for changes, believing they were reasonable given the court rulings.
"I hope to get a 7-0 vote out of it," Schneider said.
The trouble began when a number of dispensaries began cropping up in Santa Barbara in 2007-2008. In response, the city created zoning ordinances for dispensaries in March of 2008.
Concern began to grow over the dispensaries as a number of them were accused of violating state laws. They were shut down or raided. In 2010, the city revisited its regulations, opting to change the ordinance, putting a limit on three dispensaries in the city.
The city also extended from 500 to 600 feet the minimum distance that a dispensary could operate from a school.
These changes put the Green Well, located 532 feet from Santa Barbara Junior High, in violation of the ordinance.
The city gave the owners six months to close down their business.
Instead, they sued, arguing that the city's order violated their Constitutional rights. In a preliminary hearing, federal court judge Dean Pregerson granted them an injunction against the city's order, writing that it violated their "due process".
According to the City Attorney, though a preliminary ruling isn't final, it does indicate that Pregerson would likely side with the plaintiffs.
Furthermore, Pregerson would also be presiding over a similar case with the Green Light dispensary on Olive Street, an area designated to be outside of the five zones permitted to operate dispensaries. No rulings have been made in that case yet, but the similarities suggest they would not favor the city.
On Jan. 11, City Attorney Stephen Wiley went to the City Ordinance Subcommittee to propose amending the City's June ordinance to allow exemptions for the two dispensaries.
Wiley stressed that the amendment would only exempt them from the zoning requirements provided by in the 2010 amendment. They would still have to comply with the 2008 ordinance and cannot cease operations for longer than 30 days.
The subcommittee, composed of council members Frank Hotchkiss, Grant House, and Bendy White voted to approve the amendments. House cast the lone dissenting vote on the 2010 ordinance, citing the effect on the two dispensaries.
Though they are "grandfathered" by the amendments, the dispensaries cannot transfer their permits to another operator. Should the operators leave or close down business, they could not be replaced.
Owners of the Green Well and Green Light could not be reached for comment on how the amendments would affect their cases against the city.
Jaime Merrick, operator of Pacific Coast Collective, said the amendments won't affect him directly as his location is within the 2010 guidelines. But Merrick said he and the other dispensaries are wondering if the Green Well and Green Light day-to-day operations have to conform to the 2010 amendments.
Merrick said that the new ordinance restricted membership to Santa Barbara City residents, required 24 hour confirmation period before a patient can use the dispensary's service, put in a 6 p.m. curfew, and prevented operations on Sunday. The 2008 ordinance does not have these restrictions.
"Is there going to be fair business practice enforced?" Merrick asked. "Or will these two clubs that have injunctions have an unfair business advantage over the store fronts that have been compliant?"
Schneider doesn't believe there will be any lingering effects on the city's dispensary policies. She said the new guidelines were there to make sure the dispensaries were not clustered in one neighborhood.
"My philosophy is to provide reasonable access for people who need and have doctor recommendations and also create enough regulation so that we know it's a safe operation," Schneider said.
Marijuana dispensaries have been a heated topic in Santa Barbara politics. The council has tightened their restrictions on dispensaries over the years, and a ballot initiative, Measure T, banning dispensaries in the city lost at the polls in November amid a campaign that included vandalism on pro-T signs.
NewsHawk: Jim Behr: 420 MAGAZINE
Source: Daily Sound (Santa Barbara, CA)
Copyright: 2011 Daily Sound
Contact: Daily Sound
Website: The Daily Sound
Details: MapInc
Author: Nick C. Tonkin
