Calexico Proposed Ordinance Banning Medical Marijuana Distribution Facilities.
By Mario Conde
The Calexico City Council adopted a resolution requesting Planning Commission to report on and make recommendation on a proposed Ordinance Banning Medical Marijuana Distribution Facilities.
At its May 18, 2010 meeting, the City Council passed Ordinance 1116A a moratorium on medical marijuana distribution facilities in the City of Calexico. This Council has subsequently adopted ordinances 1116 and 1130 extending this moratorium. The moratorium is set to expire in Mid-May of 2012. The purpose for passing a moratorium was to study what approach the City wished to take in addressing medical marijuana dispensaries.
On August 16, Council gave direction to staff to prepare and ordinance prohibiting dispensaries for Council direction.
Since the August 16 meeting, there have been several significant developments invlving medical Marijuana. First, an appelas court issued an opinon in a case called Pack v. Superior Court which said that any city law that activelly permits medical marijuana dispensary activity conflicts with, an is trumped by, federal law. Disagreeing with other courts, the case also indicated that city officilas who issue permits for medical marijuana dispensaires might possilby be held criminally liable under federal drug control laws. The case may still be granted review by higher courts, and its not final yet, but it is still informative on the issue at hand and it coincides with prior Council Direction on this issue.
The second development since August 16 is that the federal government has begun to crack down on the medical marijuana industry both in California and nationally. All four United States Attorneys in California have indicated that dispensaries violate federal law and have begun to take enforcement action againts them. The United States Attorney for Southern California has notified some dispensaries and their landlords that hey need to either shut down voluntarily or be shut down vy the federal government, complete with assest forfeiture proccedings being brough againts them.
The Planning Commission will have a public hearing and afterward will forward its recommendation to the City Council to consider and approve, reject, or modify. City Attoney Jennifer Lyon this is a good approach since the City’s ordinance will not conflict with federal law and would prevent the City from facing criminal liability for issuing permits for dispensaries.
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