Transcript Medical Marijuana Council 071210

Medical Marijuana
City Council Policy Direction
July 12, 2010
Process & Schedule
• 2 Civic Engagement Meetings
– March 11: Overview, Feedback and
Community Desires
– April 1: Playback What We Heard,
Outline Issues and Receive Feedback
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Current State & Federal Law
• 1996 Compassionate Use Act
– “ensure that patients and their primary caregivers
who obtain and use marijuana for medical
purposes upon the recommendation of a physician
are not subject to criminal prosecution or sanction”
• 2004 “Medical Marijuana Program” Act
– Established Voluntary Card System
– Possession Quantity Guidelines
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Current State & Federal Law
• 2008 Attorney General’s Guidelines
– May 2004 Medical Board Statement
– June 2007 SBOE Taxable Sales Notice
– Recommends against arrest or seizure under
federal law when cultivation, possession or
transportation is permitted under state law
• Federal Enforcement Stance
– October 19, 2009 Ogden US Attorney Memo
• Unlawful sale for profit is an enforcement priority
• State law sanctioned medical use is “unlikely to be
an efficient use of limited federal resources”
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Regulate, Control and Tax
Cannabis Act of 2010
• Allows possession, cultivation and
transportation of marijuana for
personal use by persons over 21
• Permits local governments to
regulate and tax commercial
production and sale of marijuana to
persons 21 years old or older.
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Existing Ventura Law
• Medical Marijuana “Dispensaries”
are not Permitted in any Zoning
District
• Council added “Belt & Suspenders”
Moratorium last Fall
– Expires September 3, 2010
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Other Cities in Ventura County
• Permanent Bans in Camarillo,
Oxnard, Moorpark and Simi Valley
• Thousand Oaks, Ojai and Santa
Paula rely upon their existing zoning
ordinances (like Ventura’s)
• Interim moratorium in Fillmore
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Santa Barbara
• Citywide limit of three locations
• Prohibited within 600 feet of schools
• 8 a.m. to 6 p.m. Mon. through Sat.
• Santa Barbara County residents only
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Civic Engagement Feedback
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Benefits of Regulation
Patients’ Needs
Crime Issues
Social Issues
Regulatory Model
Zoning Issues
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Benefits of Regulation
• Licensing provides “quality control”
over outlets
• Potential for taxation
• Reduces illicit drug market
• Promotes safety for customers
• Criminal background checks for
operators
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Patients’ Needs
• Avoid long distance travel for access
• “Local legal legitimate access”
• Society needs to serve the seriously
ill
• Affordability concerns due to higher
prices in medical outlets
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Crime Issues
• Crime increases near dispensaries
• City is not equipped to monitor
dispensaries effectively
• Santa Barbara experience has been
negative overall
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Crime Issues
• Drug traffickers will come due to lack
of lawful large-scale grow and
distribution systems
• Illegal resale of medical marijuana is
rampant
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Social Issues
• Children will have greater access to
marijuana
• Impossible to keep medical
marijuana out of the hands of children
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Regulatory Model
• Closed loop cooperative or collective
• Regulate delivery services
• No armed security on site
• Record larger sales to track them
and prevent illegal diversion
• How to tax non-profits?
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Zoning Issues
• 500 foot boundary from schools and
sensitive uses like churches and parks
• Indoor grow safety hazards
• Don’t allow in residential or mixed
use zones
• Allow in commercial or industrial
zones
• City zoning may already allow for
indoor grow in some areas
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Policy Options
1. Proceed to develop land use
regulations to permit medical
marijuana cooperatives and
collectives
2. Extend the current moratorium
pending the outcome of this
November’s election on the
“Regulate, Control and Tax
Cannabis Act of 2010;”
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Policy Options
3. Permanently ban medical marijuana
cooperatives and collectives; or
4. Do nothing, but allow Ventura’s
inherent zoning prohibition -against uses that are not expressly
permitted – to serve to forbid
marijuana cooperatives and
collectives.
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Questions and Discussion
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