Pubdate: Fri, 04 Mar 2016
Source: San Diego Union Tribune (CA)
Copyright: 2016 Union-Tribune Publishing Co.
Contact:  http://www.utsandiego.com/
Details: http://www.mapinc.org/media/386
Note: Seldom prints LTEs from outside it's circulation area.
Author: Edward Sifuentes

CITY OKS POT DELIVERY SPLIT OCEANSIDE COUNCIL

OCEANSIDE - Oceanside residents who need medical marijuana will be 
able to have it delivered to their homes under a new ordinance 
approved by a split City Council on Wednesday.

Pot dispensaries are still banned in the city, and deliveries will 
only be allowed from legally established businesses outside of 
Oceanside, officials said. The delivery services will have to apply 
for a city business license, and provide the names and driver's 
licenses of all drivers, as well as proof of insurance and vehicle 
registration.

Oceanside has a history of strict policies against pot shops and has 
cracked down on several stores that have opened illegally in the 
city. But some council members said in January they'd be open to 
allowing deliveries when new state regulations on medical marijuana 
businesses take effect later this year.

The delivery ordinance passed 3-2, with Mayor Jim Wood and Councilman 
Jack Feller voting no, citing concerns about crime. Other council 
members said they were moved after hearing from medical marijuana 
patients who said the drug has helped them deal with devastating illnesses.

"I certainly was persuaded by their stories and their situations," 
said Councilwoman Esther Sanchez. "If we're not going to have 
dispensaries, we should at least allow deliveries but in a way that 
addresses public safety issues."

Last year, Gov. Jerry Brown signed a package of bills - collectively 
referred to as the Medical Marijuana Regulation and Safety Act - that 
establishes a licensing system for medical marijuana cultivation, 
delivery and dispensing activities throughout the state. Unless local 
governments had ordinances in place by March 1 regulating or banning 
such activities, the state rules would apply.

Wood and Feller said Wednesday they were concerned about potential 
crimes, such as armed robberies, that could be linked to marijuana 
deliveries. They noted that Police Chief Frank McCoy shared those 
concerns. Oceanside police officials had recommended against allowing 
delivery services to operate because they said medical marijuana 
businesses are magnets for crime.

McCoy repeated those concerns Wednesday.

"We do not believe it's in the best interest of the city to have a 
delivery ordinance," he said. "However, if we are going to have one, 
we are in favor of the recommendations the city attorney is offering."

Some of those recommendations were that marijuana deliveries only be 
allowed between 6 a.m. and 6 p.m., and that they be made to a 
patients' home or place of business. A criminal background check will 
be required for delivery drivers, who will also have to register with 
the Oceanside Police Department.

Any driver with a felony or other convictions involving theft, DUI or 
drug-related crimes will not be allowed to operate in the city. 
Vehicles used for deliveries will not be allowed to have advertising 
on them and will have to be insured with a $1 million liability policy.

All licenses will have to be approved by the city attorney and the 
police chief.

Two residents who spoke during the meeting said those restrictions 
were too onerous and unnecessary. Because delivery services have to 
be associated with a legally permitted dispensary, the closest 
businesses that would qualify are in San Diego.

"A dispensary an hour away is not going to go out of its way to 
register every driver with the Oceanside Police Department, get a 
restrictive business license, carry a $1 million policy and be 
subject to background checks to deliver a $50 order," said David 
Newman, an Oceanside resident.

Councilman Jerry Kern, who voted for the ordinance, said the 
requirements were necessary.

"We're trying to thread the needle here. There's people here who want 
less regulation, and there's people who want to ban it altogether. So 
we're trying to find some place in the middle that we can all agree 
on," Kern said. "We're trying to provide something to people that 
they feel they need. This is not like you're ordering a pizza."

A second vote on the ordinance will be taken on March 16, and it will 
take effect 30 days later.
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MAP posted-by: Jay Bergstrom