Long Beach Implements MMJ Moratorium

Subject: LB City Council Implements a Moratorium on MMj Business Licenses
Date: 4-13-05
From: William Britt - APA

Following is the recommendation to adopt a Moratorium by the City Attorney
and the notes from my speech before the City Council Tuesday, April 12th.
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Agenda Item # 27. 05-2607
Recommendation to adopt a minute order establishing a moratorium pursuant to
Long Beach Municipal Code Chapter 21.50 effective Citywide prohibiting the
issuance of any business license, permit or other entitlement for the sale of
medical cannabis or marijuana, direct the Planning Commission to undertake a
study on the land use and zoning issues regarding the retail sale or
distribution of medical marijuana and within six months recommend to the City Council
regulations and conditions that should be required for any such business
license, permit or other entitlement, and further direct City Attorney to
prepare an interim zoning ordinance pursuant to Long Beach Municipal Code Chapter
21.50 for notice; and placement on the City Council agenda for a hearing at
its third meeting next following such adoption.
Office or Department:
COUNCILWOMAN RAE GABELICH, EIGHTH DISTRICT
Suggested Action: Approve recommendation.
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Thanks to Council Members Dan Baker and Val Lerch who questioned the lengthy
process or even the need for complicated regulations. The moratorium that
was enacted will last for 60 day instead of 6 months and will not include
existing cooperatives or collectives (LB currently has only one co-op operating
and two applications pending). The purpose of the moratorium will now be to
quickly establish zoning and regulation guidelines to protect patients and
community members.
Of the two groups applying, one was listed as a delivery service and the
other as an Herbal Healing Co-op. The Herbal Healing Co-op's application for
the business license was the main reason for the moratorium, but when council
member Lerch asked if it would ban co-ops. The City Atty. responded that it
would ban retail sales, but not co-ops. When he looked at the application, he
noted that they were requesting retail sales (which would be banned) but
also noted that the word Co-op was in their name and that co-ops would most
likely no be subject to the ban. Council member Baker then asked what good is a
moratorium if it can be circumvented just by changing definitions from retail
business to cooperative or collective.
The council then decided to focus on quickly establishing safe and
compassionate guidelines, voting to change the timeline from 6 months to 60 days and
recommend that there not be OVER-regulation. Council Member Lerch recommended
licensing co-ops the same as adult bookstore (300 ft. from schools).
Bill
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4-12-05 LB City Council Meeting, my Notes for Public Comment
“To encourage the Fed and State Governments to implement a plan for the safe
and affordable distribution of Marijuana to all patients in need of
marijuana�.
This is an excerpt from HSC 11362.5 which was passed as Prop. 215 by the
people of California NINE years ago. Local governments have had plenty of time
to study the effects of this law and how to enact it.
S.B. 420 enacted this year specifically allows Co-ops and Collectives to
operate.
Patients need safe access NOW. The only alternative is to purchase from
drug dealers on the street. Not only is it difficult and dangerous to acquire,
but the quality and possible contaminants are always unknown.
West Hollywood waited until they had nine dispensaries and San Francisco
had over twenty. (The City Atty. had stated that W. Hollywood and SF had
created moratoriums, but failed to mention it was implemented after Several co-ops
had been established).
It is not necessary to spend 6 months studying issues. Other cities have
established dispensary guidelines, there are many examples, one of which I am
submitting. (I provided a sample of distribution guidelines, and a letter to
city councils regarding cannabis dispensaries created by Americans for Safe
Access. I also included Chris Conrad's booklet Cannabis Yields and Dosage
which includes info on co-ops and collectives, Federal and State law and SB
420).
I have the following concerns about “Temporary� Moratoriums:
*Over-Regulation making is almost impossible for dispensaries to locate and
operate.
*The City Attorney using a negative Federal Supreme Court decision as excuse
to turn the moratorium into a permanent ban. (The City Atty. mentioned the
Raich decision as one of the reasons for the moratorium and that it would be
a factor as to the legality of ANY distribution of marijuana).
*Patients in certain zoning areas not allowed local access.
*Patients not allowed involvement in regulation process.
*Policy makers involved who have a personal bias against marijuana.
(Council person Val Lerch commented on the stigma associated with marijuana, and he
also revealed that his wife suffers from MS, but is afraid to even consider
using it)
Regulations are necessary to protect patients and the community. It is ver
y important that informed, unbiased government officials, along with
patients, advocates and community members make regulations that are fair,
compassionate and just.
I believe that I could help expedite these regulations and guidelines and
would like to be involved in the policy making process.
William Britt - Exec. Dir, Association of Patient Advocates