City Wants to Ban Pot Pharmacies
• Moratorium Now Exists on Opening New
Facilities
Malibu city officials will attempt to
ban medical marijuana dispensaries by amending the
municipality’s code. The planning commission is scheduled
to hold a public hearing on the matter on Tuesday, June 3.
The city has dealt with the pot pharmacy
issue by calling a moratorium on new facilities. There are
several outlets in town. City officials say there are no
regulations governing their operation.
Planners have crafted a zone text amendment
to the city’s code “to clarify the definitions with
the zoning ordinance to exclude medical marijuana dispensaries
as permitted uses within any zoning designation within the City
of Malibu.”
The medical marijuana facilities are still
considered illegal by the federal government and in the last
year, the feds have successfully shut down several storefronts.
The pot pharmacies are considered by some
to be dangerous establishments that can attract
undesirable elements because of the large amounts of
cannabis and cash that are kept on the premises.
The city council on June 26, 2006 approved
an interim urgency ordinance that established a
45-day moratorium on the establishment of any new medical
marijuana dispensaries. The measure was extended on Aug. 21,
2006 and extended again last year.
At the time the moratorium was approved,
council members were told the staff was researching the
possibility of permit requirements, siting
criteria, operational regulations and determining if the
operation of the dispensaries could be safe and allowable.
However, that appears to have gone up in smoke. Municipal
officials were not immediately available for comment.
There are other problems city officials
have to deal with, including how to ensure that the
dispensary is offering “medicine” from a legal
source.
Likewise, there are conflicts between
the federal and state laws.
In 1996, state voters enacted Prop 215,
allowing individuals to grow and use marijuana for personal
medical purposes on a physician’s recommendation. In
2003, the state lawmakers adopted a medical marijuana program.
However, the U.S. Supreme Court held that federal laws
prevailed, prohibiting the possession of marijuana for personal
use.
Federal agencies have repeatedly
denounced the state’s attempts to legalize the herb for
medical purposes and have repeatedly taken law enforcement
action.
