Pages tagged "moratoriums"


Imperial Beach to Ban Collective Cultivation; City Council Refuses to Implement State’s Medical Marijuana Laws

By: Eugene Davidovich and Marcus Boyd



Imperial Beach, CA - On June 15, 2011 at 7pm, the Imperial Beach City Council will discuss and vote to enact an outright ban on medical marijuana dispensaries and all collective cultivation efforts in the City of Imperial Beach.

Although the staff report compiled for the June 15th meeting states, “the ordinances would not ban medical marijuana in the city,” the actual wording of the proposed law goes much further than merely banning storefronts. If approved, medical cannabis patients in Imperial Beach would be banned from associating to collectively or cooperatively cultivate medical marijuana, an activity explicitly authorized and protected under State Law.

The proposed ban severely limits legal access for seriously injured, sick and dying patients and their caregivers. Those with no space to cultivate, those without the requisite gardening skills to grow their own, and most critically those who face the sudden onset of serious illness, would be forced to ‘plow the fields’ themselves.

“Is that legal?” asked John, a resident of Imperial Beach and supporter of local dispensaries when told about the City’s proposed ban.

“The proposed restrictions are absurd and would serve to undermine the will of the people, not to mention the 2010 Grand Jury recommendations”, commented Terrie Best Board Member of the San Diego Americans for Safe Access, a local chapter of the nation’s largest medical marijuana patients’ rights advocacy group.

In August of 2009 when the City first enacted it’s moratorium on dispensaries, City officials promised the community that they would be moving towards an ordinance regulating access rather than banning it. In December of 2010 however, after seeing a modern-day Reefer Madness, 'Smear with Fear' eradication show, presented by San Diego County Sheriff and self proclaimed medical marijuana expert, Detective Michael Helms from the Licensing Division, the City began to shift direction.

Recently, at the request of IB City officials Detective Helms once gain presented the County’s eradication show, this time to the Kiwanis Club of Imperial Beach. Following his presentation which was interrupted multiple times with questions and debate, it was clear that out of approximately ten Kiwanis members present at the meeting only one voiced opposition to well regulated dispensaries in the city.

IB residents and supporters of medical cannabis however, have not given up and have been busy writing and mailing letters to their Council members all urging them to adopt reasonable regulations instead of a ban.

“As part of the Imperial Beach Stop the Ban Campaign, volunteers have collected hundreds of letters all stamped and mailed to the attention of the City Council, Mayor, and City Manager” said Marcus Boyd, Vice Chair of San Diego Americans for Safe Access. “If the ordinances are approved as written, they will force sick and dying patients to obtain their medicine from illicit sources rather than from local, safe and regulated dispensing centers”.

One cannot help but wonder why the council members are favoring a ban at the expense of the City’s most vulnerable residents.

Concerned citizens and residents are urged to attend the June 15th City Council meeting no later than 7:00pm and speak out against the illegal ban. Sick and dying patients in the City of Imperial Beach deserve safe regulated access rather than a continued bias driven effort to overturn state law.

June 15th, 2011 – 7pm - Imperial Beach City Hall 825 Imperial Beach Blvd

Further Information:

Proposed Zoning Ordinance

Imperial Beach Proposed Ordinance Amending Business Licensing and Regulations

Staff Report for June 15th Meeting

Imperial Beach City Council Shifts Course on Dispensaries from Regulation to Eradication

"Driven to the back alleys"

LA County Supervisor Don Knabe and his colleagues on the Los Angeles Memorial Coliseum Commission just overturned a ban on raves at the LA Coliseum. The Commission enacted a ban this summer after a 15-year old girl died of a drug overdose at a dance party with over 185,000 attendees. The LA Times reported Supervisor Knabe’s rationale for lifting the ban:
"There's a way to do it right where we protect the public and allow this opportunity to take place," said Supervisor Don Knabe, who serves on the commission and said he preferred regulating raves at the publicly owned venue rather than see them "driven to the back alleys."
Supervisor Knabe’s logic is sound, but his actions are inconsistent. Just nine days earlier, the Supervisor voted to ban medical cannabis patients’ collectives in the unincorporated communities of the county. He and his colleagues adopted the ban despite overwhelming opposition from community members, who asked instead for tighter regulations (the same kind the Commission will impose on raves). The advocates’ rationale was the same as the Supervisor’s. A ban just pushes medical cannabis back into the shadows, and that is bad for legal patients and their communities. So what is going on? Massive dance parties, where dangerous drug use is commonplace, are better regulated than banned. But legal medical cannabis patients’ collectives are too dangerous to regulate? That does not make sense. Research conducted by ASA and our experience over the last fourteen years tell us that sensible regulations for collectives reduce crime and complaints.  In fact, collectives can make a neighborhood safer. Oakland City Administrator Barbara Killey says the neighborhoods around her city’s regulated collectives are “some of the safest areas of Oakland now… since the ordinance passed." So why should legal collectives be “driven to the back alleys,” as Supervisor Knabe says? They should not. If Supervisors are worried about public safety, they can do what the Commission did – improve regulations. If they are worried about the small number of non-permitted collectives now operating in the county’s jurisdiction, they can take appropriate enforcement action. An outright ban, however, does nothing to protect public safety of stop non-permitted facilities. It only prevents legal patients’ collectives from obeying the law. The City of Los Angeles is slowing winnowing the number of collectives inside city limits, and many other cities in the county have bans or protracted moratoria on new collectives. There has never been a better time for the county to issue permits for qualified and well-vetted applicants pursuant to the sensible regulations adopted in 2006. Unfortunately, the decision to ban collectives raises doubt about whether or not legal patients and unincorporated communities will ever realize the proven benefits of regulations. That is a shame. At the end of the day, it will be legal patients who are “driven back to the alleys,” and that is not what LA County voters want. Los Angeles County patients and advocates will protest in front of the Board of Supervisors meeting on Tuesday, December 7, when the Supervisors will vote on final approval of the ban.

LA City Attorney Turns Up the Heat

The Los Angeles City Attorney’s office has filed a complaint (download sections 1- 2 -3 - 4) asking for a Temporary Restraining Order and Permanent Injunction closing 135 pre-moratorium medical cannabis collectives deemed ineligible to register under the city’s new ordinance. The complaint is City Attorney Carmen Trutanich’s latest escalation in his campaign to roll back safe access to medical cannabis in the city. His aggressive posture has already raised the ire of patients, legal collective operators, and advocates in the state’s largest city – including many who played an instrumental role in developing and promoting regulation in the city. Yesterday, the City Clerk’s office surprised collective operators by publishing a “Preliminary Priority List,” which indicated that less than 25% of the collectives which applied to register with the city were eligible to do so. Each ineligible collective will receive a letter explaining why they were excluded this week. Early reports indicate that unauthorized relocations, changes in ownership or management, and problematic background checks are leading causes for ineligibility. That only 25% of the collectives survived the initial vetting speaks to the severity of the city’s ordinance and the narrow interpretation championed by the City Attorney. City Councilmembers can expect renewed controversy over the escalation when they return from recess in September. There will also be new litigation, as “ineligible” collectives seek relief based on a myriad of individual circumstances. The development and implementation of medical cannabis regulations in Los Angeles has been a case study in what not to do. The long delay in writing regulations, botched moratorium, indecision on interim operating policies, reckless 11th-hour amendments, and absolute breakdown in enforcement have left patients in a state of confusion and fear. It did not have to be this way. Other cities and counties have successfully regulated medical cannabis already. Angelinos hope that their elected officials will realize that there is a better way to achieve the proven benefits of regulation – reduced crime, fewer complaints, and increased revenue – and abandon this costly path of obstruction and delay.