Pubdate: Sat, 01 Oct 2011
Source: North County Times (Escondido, CA)
Copyright: 2011 North County Times
Contact: http://www.nctimes.com/app/forms/letters/index.php
Website: http://www.nctimes.com
Details: http://www.mapinc.org/media/1080
Author: Melvin Chang
Note: Melvin Chang is a Carmel Valley resident.

CITIES DO HAVE AUTHORITY OVER POT SHOPS

Assembly Bill 1300 Will Help Communities Maintain and Foster a 
Drug-Free and Healthy Environment

For many months, media outlets have covered the issue of marijuana 
dispensaries in North County cities opening up in conflict with 
cities' licensing and land-use regulations.

Gov. Jerry Brown signed AB 1300, which was approved by the Assembly 
71-1 and state Senate 38-0, demonstrating significant bipartisan and 
near-unanimous support.

AB 1300 clearly establishes local oversight and control, since it is 
local government and law enforcement agencies who have to deal with 
the often adverse impacts of marijuana dispensaries in communities 
that may include increased crime. A recent study found that 
adolescent marijuana use is higher in states with medical marijuana 
laws, and that perceptions of risk of marijuana use are lower (Annals 
of Epidemiology, September 2011). While the study could not determine 
causality, it is an outcome that warrants serious consideration as 
local jurisdictions continue to face the issue of marijuana availability.

According to the Los Angeles Times (Aug. 31), the bill's author, 
Assemblyman Bob Blumenfield, D-San Fernando Valley, stated, "This is 
a great victory for communities which have been struggling with rogue 
dispensaries popping up overnight without any regard for their laws 
relating to business licensure and zoning restrictions. The new law 
will provide a framework for stability after years of struggling with 
a Wild West, lawless proliferation of dispensaries across California 
that sometimes constitute a public nuisance or worse."

AB 1300 was written in response to the mounting concerns of community 
members and local governmental officials that in some cities, pot 
shops were beginning to outnumber Starbucks. Pot shop operators and 
their attorneys claimed it was their right to sell pot in a 
storefront, even if local zoning codes and laws forbid it. Locally, 
many cities in North County have been affected by the increasing 
number of marijuana businesses operating in retail centers, often 
without lawful business permits.

"It isn't fair that most businesses follow the laws of the city in 
which they work, while pot shop owners feel like they can operate 
with total disrespect for a city's regulations," stated Jon Hanson, a 
local business owner.

AB 1300 verifies what many cities and counties have already known is 
their right ---- to ban pot shops. The 2008 Attorney General 
Guidelines on this issue states, "Although marijuana dispensaries 
have been operating in California for years, dispensaries, as such, 
are not recognized under the law."

AB 1300 is effective on Jan. 1, 2012.

Until then, cities and counties will continue to use their land-use 
authority to control dispensaries, pot shops and other marijuana businesses.
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MAP posted-by: Jay Bergstrom