City to mull marijuana moratorium
Medical marijuana remains a chronic issue of debate for Santa Barbara city leaders, who will discuss a potential moratorium on new and pending applications for pot dispensaries this evening.
Despite several rounds of lawmaking during the past year and a half to create and tighten regulations on medical marijuana dispensing, city officials said a moratorium is needed as leaders sort through a constantly changing legal landscape and further develop rules for local pot shops.
“Let’s make sure we deal with the reality of the situation, which is that there are going to be collectives, whether or not we allow them to have locations that are visible,” Councilmember Das Williams said. “They are legal under state laws.”
Approved by voters as Proposition 215, those state laws allow for patient collectives to cultivate and provide marijuana to legitimate patients. Whether those collectives can establish a storefront and charge for their services remains a topic of debate, however, and has led to sticky situations throughout the state.
In a recent court decision, a Los Angeles Superior Court judge ruled against a dispensary and proposed an injunction to prevent it from selling marijuana on the basis that it was violating state law.
“The [Compassionate Use Act] was not intended to legalize the sale of marijuana for approved medical purposes,” the judge wrote.
Local leaders are struggling to resolve that position with their efforts to ensure legitimate patients still have access to medical marijuana, in addition to protecting neighborhoods from any negative impacts of dispensaries.
During a lengthy hearing several weeks ago, city officials took a wide look at the issue and decided to pursue regulations that make it clear that Santa Barbara only allows the distribution of marijuana through collectives that operate appropriately under state guidelines.
A moratorium emerged as a way to stem the proliferation of shops as leaders develop those new regulations.
As proposed, the moratorium would prohibit the opening or operation of any new dispensary in the city unless it had received a city permit prior to November 18.
A permitted dispensary at 331 N. Milpas St., along with two others at 500 N. Milpas St. and 629 Olive St. that are permitted but have yet to open, would be allowed to remain open under the proposal.
Nonconforming dispensaries — those that opened prior to city regulations — would not be affected, although new laws expected to be approved in the next month or so would give them only six months to come into compliance or close up shop.
Williams confirmed that City Attorney Steve Wiley had also sent cease and desist letters to a handful of those nonconforming pot shops for apparent violations of the law, although he didn’t have exact figures on how many are facing enforcement action.
“We’ve been wanting [Wiley] to take action and he has,” the councilmember said.
Those dispensaries still seeking permits from the city — a total of eight according to a staff report — would be stopped in their tracks during the moratorium.
Sharon Byrne, an outspoken community member who has railed against dispensaries in Santa Barbara, said the proposed moratorium, although not perfect in her mind, represents a shifting attitude toward pot shops.
“When I started working on this several months ago, it was a completely different landscape than it is today,” she said. “There is a major shift in the tide.”
She said more than 200 cities and 30 counties have placed bans or moratoriums on medical marijuana dispensaries, while Santa Barbara is among only 29 municipalities that has an ordinance permitting some form of cannabis dispensing.
“Across the state, cities and counties are banning it,” Byrne said.
Tomorrow’s hearing on the moratorium proposal begins at 6 p.m. in city council chambers, 735 Anacapa St.
Comment on this article
Protect our children from the criminal drug dealers : 12/8/2009
Eventually some city is going to get it right, and there will be a way for people to obtain marijuana without breaking the law OR impinging on neighborhood values. Hopefully that process will catch on and we'll see an end to criminal drug gangs running the marijuana business.
The marijuana discussion is not just about medicine. It's time to drive a wedge between the criminal drug dealers and our kids. Licensing, taxing, and regulating marijuana will put the drug dealers out of business and protect our children. While we’re at it, let’s implement a personal cultivation permit. Limit the number of plants, and put a fee on it, something like a fishing license, with maybe a little extra for education or fixing the roads.
How about $100 per year for a permit to cultivate a dozen plants? It's a win-win.
Concerned Parent
Allow Well-Regulated Dispensaries : 12/8/2009
Regulate them with safety in mind; i.e., metal detectors at the doors, armed security guards, surveillance cameras, etc etc Medical patients need a safe venue to obtain the stuff, and it WOULD put big dealers out of business eventually.
scottportraits
Overt Prohibition : 12/8/2009
Why not close down some of the liquor stores and remove beer and alcohol sales from supermarkets? I guess not since these are regulated as is the pharmacutical industry. Medical cannabis dispensaries in Santa Barbara are for people with valid California residence and a physician recommendation. Minors must be accompanied by a parent or guardian. School kids need not bother and the cost is more than their lunch money anyway. There is no crisis and no social irresponsibility from dispensing medical cannabis. The real threat is from those who seek to regulate other peoples behavior in order to support their own motivations whether they be financial, religious, social, or moral. To the City Council- Go ahead and regulate a non-issue while you can't even come close to the gang and teen suicide problem.
Silent Individual
Cute opening line : 12/8/2009
Medical marijuana remains a CHRONIC issue of debate for Santa Barbara city leaders, who will discuss a potential moratorium on new and pending applications for pot dispensaries this evening.
Get Real Pot-Heads : 12/8/2009
If a quack likes a duck, walks like a duck it's a DUCK... Pot shops are nothing more than an outlet for recreational pot smokers... The entire "medical marijuana" ticket is a scam! There are probably a couple hundred legitimate "patients" in the entire county. They should get their pot from a pharmacy, not a rastafarian down the street or a pot-for-profit "business that could give a damn about the "medicinal" effects of pot and just wants the CASH! These pot shops have a negative affect on our community; If you don't believe me, do some investigating of Humbolt and see how the town has been ruined.
Not a toker, I have a JOB...
I like "not a toker i have a job" : 12/8/2009
Woah, you've got a job! You deserve a medal! Richard Feynman was an extraordinary intellect who revolutionized modern physics. During his astounding career he helped design the atomic bomb, created a Nobel Prize winning theory of quantum electrodynamics, That guy had a job too, by the way he was an avid pot smoker. What's your JOB? Won any nobel prizes lately? But at least ya dont smoke pot..... f!cking good for you dumbf!ck
So easy to distract the masses w/this bullsh!t
We cant fix the economy, but we can regulate weed. : 12/8/2009
Why all the hubbub about the weed? Maybe because govt cant fix our REAL PROBLEMS, so lets focus on POT! Yea, that'll keep people busy for a while... give people something to fight over, while alcohol kills hundreds of 1000s more people, but hey pat on the back to Trutanich and Cooley, YAY! Well spent tax dollars!!!
IDiots
Must have hit a pot head's nerve... : 12/9/2009
I guess I made Mr. Pot Head angry as he had to reply with such colorful speak... Like I said, this medical marijuana is just a guise for what it really is; A place for pot heads to buy weed and pot growers and seller (dealers) to try and become legitimate. If marijuana is needed for true medical care and treatment of patients, it is available via a pharmacy.
Keep "quackin' pot heads and quick-cash opportunists...
I gotta go to work now... I wonder why they "drug-test"?
Watch this... : 12/9/2009
Enough said...
http://www.youtube.com/watch?v=BpFuGlfijbY
The truth
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