Pubdate: Mon, 21 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: Jessica Kwong

NEW BANS DON'T FAZE MEDICAL POT ADVOCATES

As cities across Orange County rush to ban marijuana cultivation and 
delivery before the state assumes the power to decide for them, 
people in the pot industry see it not as a roadblock to growing 
hopes, but as a placeholder.

Cities have been taking legislative action because Assembly Bill 266 
one of three bills Gov. Jerry Brown signed into law in October that 
make up the Medical Marijuana Regulation and Safety Act - states that 
if a municipality does not have a land use regulation or ordinance 
regulating marijuana cultivation and delivery by March 1, the state 
will be "the sole licensing authority" for those activities.

Last week, the Dana Point City Council voted unanimously to ban pot 
cultivation and delivery, joining several other cities that have 
taken the step. A couple of days later, Laguna Woods advanced an 
ordinance that continues to prohibit commercial medical marijuana 
cultivation but allows qualified patients and primary caregivers to 
grow certain amounts.

Even Santa Ana, the only city that has legalized medical marijuana 
dispensaries - 20 that were selected by lottery will be allowed to 
operate - on Tuesday gave initial approval to an ordinance 
reaffirming its ban on cultivation and delivery.

Santa Ana prohibited marijuana cultivation years before 66 percent of 
voters in November 2014 approved Measure BB to regulate the 
dispensaries, Santa Ana City Attorney Sonia Carvalho said, but the 
reaffirmation was proposed because Measure BB banned cultivation at 
dispensaries but did not address other sites.

"We just did an abundance of caution to ban cultivation so no one can 
argue with us now," Carvalho said.

Santa Ana's ban on cultivation and delivery was only slightly 
disappointing to medical marijuana advocates.

Randall Longwith, a lawyer for several dispensaries mainly in Santa 
Ana, said the wave of bans doesn't hurt his clients.

"What it does is it's just simply vesting power and control to the 
city, but it still allows them to amend that or to put a new 
ordinance tomorrow, so it's kind of a placeholder," Longwith said. 
"If I were a city, I'd probably be doing the same thing."

Longwith's client Robert Taft Jr., director of the licensed 
dispensary 420 Central in Santa Ana, sees cities' adoptions of bans 
before March 1 as "politics 101," a move to please some constituents.

Taft, 46, said dispensary owners have long been pushing for three 
things: extended hours so that they can compete with rogue stores, 
along with being allowed to cultivate and deliver the drug. The Costa 
Mesa resident said he's always believed in "vertical integration" 
because it would give cities the power to track marijuana and collect 
taxes from seed to sale, and had hoped to come up with legislation to 
legalize cultivation.

"I was completely shocked they banned it," Taft said, until he spoke 
with Longwith and other lawyers in the business.

"I think there's a possibility of things going a little crazy with 
cities racing to do a ban," Taft said. "If they start realizing, if 
they don't do the ban, then all the marijuana industry is going to go 
to them on March 2."

Without these measures, the state could authorize cultivation or 
delivery in Orange County cities, and local authorities would have 
little say in the matter.

Santa Ana City Council members' views on cultivation in the future are split.

Councilman Sal Tinajero, a strong supporter of Measure BB who recused 
himself from Tuesday's vote, said he believes the city "isn't closing 
the door to having discussions about cultivation."

"I believe it is a safer industry when you're allowed to cultivate 
within your city instead of transporting medical produce across 
county lines," Tinajero said, adding that he would like to see all 20 
selected dispensaries licensed before considering the cultivation piece.

As of Friday, seven of the 20 chosen dispensaries have been licensed 
and another seven are under review for approval, according to Santa 
Ana police Cmdr. Chris Revere, who oversees the permitting process.

"The reaffirmation does not change our enforcement efforts or 
strategy in regards to illegal cultivation and delivery of 
marijuana," Revere said in an email. "If those activities were 
legalized, we would stop enforcement."

Councilman David Benavides sees the matter differently. He referenced 
the latest seizure of marijuana by authorities  thousands of plants 
valued at an estimated $5.7 million at a warehouse in Santa Ana on 
Dec. 9  and said it poses a health and safety hazard.

"There's wiring that can cause a fire or cause some type of situation 
that is dangerous," he said. "It could be harmful, and there could 
potentially be lives lost, and we want to make sure to prevent that."

Benavides said he would be open to considering a cultivation proposal 
with "very clear regulations," but "it's not something that I would 
be encouraging or pursuing."

For now, the bans aren't fazing Taft, who said industry people have 
grown accustomed to a holding pattern for legalization the past 20 years.

"It didn't shock me. It doesn't bother me," he said. "It's 'steady, 
as she goes'  we're keeping course."
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MAP posted-by: Jay Bergstrom