By Mario Conde
The Calexico Planning Commission approved an ordinance banning Medical Marijuana Dispensaries this past Monday night.
The approved ordinance would create a total ban on medical marijuana collectives and cooperatives. It would not keep individuals who are qualified from getting medical marijuana, and would not prevent that user from having the assistance of a single other person to help them cultivate marijuana. The ordinance would, however, make any significant sales establishment illegal. Deputy City Attorney, Morton Park, said that this approached could be met with hostility by proponents of medical marijuana.
However, Council has had four public discussions on this topic and few, if any, resident medical marijuana proponents have attended the discussion. On the other hand, he said, this approach will likely not create any problem with the federal government over this issue.
The Calexico City Council studied various options, evaluating other cities; ordinances, evaluating changes in legislation and court cases involving medical marijuana issues. Council gave direction on its August 16th meeting to prepare an ordinance prohibiting dispensaries for the Council’s consideration. City Staff presented an ordinance banning medical marijuana dispensaries facilities for consideration at the December 6, 2011 Council meeting. The City Council then approved a resolution submitting the proposed Ordinance for review by the Planning Coming as required by California law and Municipal Code when a City seeks to change its zoning codes.
The Council referred to the Planning Commission for review a ban on medical marijuana distribution facilities. By law, this commission must notify the Council of its recommendations and reasons supporting those recommendations. Deputy City Attorney Morton Park gave a presentation to the City Council about regulating medical marijuana.
In 1996, voters approved the Compassionate Use Act which said that a person who had physician’s recommendations for medical marijuana use a primary caregiver who assists that person with cultivating marijuana will be immune from prosecution under California law. Legislation implementing this initiative authorizes people to work cooperatively or collectively to grow marijuana for medical purposes, although it has since been amended so that cities can decide where and whether to allow dispensaries to be located in their boundaries.
The Federal Government, however, has been cracking down on large scale medical marijuana dispensaries, and some United States Attorneys have even threatened to sue or prosecute state or local government officials who actively permit and facilitate distribution of medical marijuana by large-scale dispensaries.
The ordinance passed 5-0 and it now goes to the City Council for final approval.