Pubdate: Tue, 30 Oct 2012
Source: Santa Monica Mirror (CA)
Copyright: 2012 Santa Monica Mirror
Contact:  http://www.smmirror.com/
Details: http://www.mapinc.org/media/970
Author: Parimal M. Rohit

SANTA MONICA EXTENDS MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES

A moratorium on medical marijuana dispensaries in Santa Monica
originally set for 45 days will now be extended for a complete
calendar year, as the City Council approved last Tuesday a 10 month 15
day extension to place into a holding pattern the issuing of business
licenses, entitlements, or permits to companies seeking to issue the
substance for medicinal purposes.

The 320-day extension comes exactly three weeks after council members
unanimously approved the 45-day moratorium on medical marijuana
dispensaries coming into Santa Monica.

City staff recommended the moratorium based upon "uncertain state of
California law, the lack of local regulatory oversight, statements by
federal prosecutors that challenge local authority to regulate medical
marijuana dispensaries, and the adverse secondary effects experienced
by other cities."

The ordinance passed Oct. 2 "became effective immediately," City staff
said, adding "the establishment of medical marijuana dispensaries
constituted a current and immediate threat to the public health,
safety, or welfare."

Council members considered the 10 month and 15 day extension as the
original moratorium was set to expire Nov. 16; the council does not
meet again until Nov. 13.

Under California law, the council could extend the moratorium prior to
its expirations if "there remains a current and immediate threat to
the public health, safety or welfare" for a maximum time of 22 months
and 15 days, effectively making it a two-year holding pattern.

However, the 10 month and 15 day extension was deemed sufficient time
"to allow staff the opportunity to meet with the community and
continue to assess the various legal and legislative options available
and appropriate for the City."

City staff added a few actions items have been taken since council
members passed the 45-day moratorium three weeks ago. Those action
items included a collection of ordinances regulating medical marijuana
dispensaries from other cities within the State and gathering "studies
on secondary impacts associated with medical marijuana
dispensaries."

In addition, city staff also informed council members they would keep
up with new developments in federal and state law and keep an open
line of communication with "regulating dispensaries with interested
parties."

A community meeting on the issues hosted by City Hall is scheduled for
Jan. 24.

Finally, city staff hopes to use the extra time to help "ensure that
regulations authorizing medical marijuana dispensaries can be
implemented so as not to result in harmful effects to the businesses,
property owners, and residents of the City."

City staff recommended the initial 45-day moratorium due to a recent
wave of inquiries received from entities seeking to open a medical
marijuana dispensary in Santa Monica.

"The City's Zoning Ordinance currently does not contain regulations
governing the establishment, location, and operation of medical
marijuana collectives. And, the law governing the City's authority to
adopt and enforce such regulations is, for the time being, extremely
uncertain," city staff told council members in a report earlier this
month.

Council member Terry O'Day was not present at the Oct. 23 meeting at
City Hall.

This was also the final council meeting prior to the Nov. 6 general
election, where four seats on the dais are up for grabs. The current
council meets one last time after the election before transitioning to
a new panel in December.

Mayor Richard Bloom and Council member Bobby Shriver will not be
returning to the council.
- ---
MAP posted-by: Matt