Pubdate: Wed, 16 Dec 2015
Source: Orange County Register, The (CA)
Copyright: 2015 The Orange County Register
Contact:  http://www.ocregister.com/
Details: http://www.mapinc.org/media/321
Author: Erika I. Ritchie

RESPONDING TO STATE LAW, DANA POINT BANS MARIJUANA

DANA POINT In an effort to stay ahead of more legal wranglings with 
pot dispensaries, cultivators or delivery services, the Dana Point 
City Council on Monday voted unanimously to ban all such uses in the city.

The vote was in response to a new state law that requires cities to 
specifically prohibit cultivation by March 1 if they want to have 
control over it. Other Orange County cities are adopting similar 
ordinances. Santa Ana was scheduled to vote on a measure Tuesday 
night reaffirming a ban on marijuana cultivation and delivery.

The Medical Marijuana Regulation and Safety Act, which becomes 
effective Jan. 1, sets up a dual state and local licensing system for 
all commercial cannabis activities.

While the law protects a city's ability to ban marijuana-related uses 
through permissive zoning, which means uses that aren't explicitly 
listed as allowed are prohibited, there are two distinct exceptions.

If a city wants to regulate marijuana cultivation, it has to adopt an 
ordinance or other regulation by March 1 or the state becomes the 
sole licensing authority. To prohibit marijuana deliveries, cities 
must do so explicitly by local ordinance.

Dana Point has adopted a permissive zoning code, which already bans 
marijuana dispensaries and cultivation. City officials adopted the 
new ordinance to address all uses related to marijuana.

"We already do prohibit it, but to avoid fights with the 
pro-marijuana folks, who have shown in the past that they are willing 
to be very aggressive and take outlandish positions, we wanted to 
have an express ban in place before March," Dana Point City Attorney 
Patrick Munoz said.

The new ordinance will go into effect 30 days after its second 
reading, which will be well before the March 1 deadline.

A string of cases attempted to interpret California's medical 
marijuana law  approved by voters in 1996  and provide guidance for 
cities and counties that want to limit pot shops. Their conflicting 
opinions were no surprise, however, considering marijuana continues 
to be illegal under federal law.

Cities including Lake Forest, Dana Point and Laguna Niguel were 
successful in forcing out dispensaries before the Supreme Court 
ruling, but it cost them. The cities spent about $2 million over the 
past five years in legal fees fighting marijuana.

Dana Point was among one of the first Orange County cities to get 
monetary penalties tacked onto lawsuits against medical-marijuana dispensaries.

Santa Ana, on the other hand, is the only Orange County city to have 
legally operating medical marijuana dispensaries, selecting 20 
operators through a lottery process.
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MAP posted-by: Jay Bergstrom