In an attempt to prevent both crime rates and the cost of law
enforcement from escalating, the city of Morgan Hill is considering
a ban on state-licensed, storefront medical marijuana dispensaries.
A proposed ordinance to enact such a ban will be presented at the
Morgan Hill planning commission meeting tonight. If approved, the
commission’s recommendation will be forwarded to the city council
May 25 for final approval.
In an attempt to prevent both crime rates and the cost of law enforcement from escalating, the city of Morgan Hill is considering a ban on state-licensed, storefront medical marijuana dispensaries.
A proposed ordinance to enact such a ban will be presented at the Morgan Hill planning commission meeting tonight. If approved, the commission’s recommendation will be forwarded to the city council May 25 for final approval.
City staff cite a number of reasons for the suggested ban on dispensaries, which are permitted under specific conditions by state law. However, marijuana is fully prohibited under federal law, and state law restricts unauthorized uses.
The proposed local law, which is supported by the police department and city attorney’s office, is also based on some of the unintended results of medical marijuana sales allowed in other cities such as San Jose, where other types of crime have increased with the number of storefront pot purveyors.
Police Chief David Swing said the city does not have enough money to deal with such a crime wave.
“The best long-term solution for our community, given the limited resources we have and increasing violence in San Jose related to marijuana dispensaries and grow houses, it’s not a risk we can take in our community,” Swing said. “To allow a (medical marijuana) facility to come into Morgan Hill could be inviting more problems and requiring the use of resources we don’t have.”
The city enacted a moratorium on medical marijuana dispensaries in 2007. That expired in February 2009, and in October of that year the council adopted a land-use ordinance that doesn’t specifically prohibit dispensaries, but states that “any use that is prohibited under state or federal law, or that is not specifically permitted under the city’s regulations, is a prohibited use,” according to a city staff report.
Police cited a number of marijuana-related incidents in Morgan Hill in recent years that suggest a threat to public safety.
One incident tied directly to the use of medically-obtained marijuana happened in April, when an employee of a hair salon in Cochrane Commons gave a co-worker a “health shake” that contained marijuana, without telling her about the regulated ingredient. The woman became sick and called 911, believing she had been poisoned, and was taken by ambulance to a hospital, police said.
Police later found out the man who gave her the drink, known as “Irish Moss,” obtained it from the MediLeaf medical marijuana dispensary in Gilroy, which has since closed due to a continuing legal battle with that city’s officials.
Other incidents showing the presence of illegal marijuana cultivation locally are one last week in which a northwest Morgan Hill resident was found to be growing 2,800 pot plants in a home and greenhouse. Also, in October 2010 firefighters responded to a house fire on Raccoon Court in Holiday Lake Estates, and found the burning home contained more than 630 plants in various stages of maturity. Investigators found the grower had illegally spliced into a main electrical panel to steal electricity, causing the wiring to overload and burn, police said.
Also cited are a number of incidents in which suspects were arrested on suspicion of possession of both marijuana as well as other drugs including cocaine and even – in one incident – an AK-47 assault rifle.
In 2010 police issued 96 citations for possession of marijuana and 13 for possession with intent to sell.
Morgan Hill police also note that in recent months, the city of San Jose has seen growth in the number of gunpoint robberies inside storefront marijuana dispensaries, in which cultivators, patients and store operators were the victims. That city recently responded by drafting an ordinance limiting the number of licensed dispensaries in the city limits to 10.
In fact, most cities in Santa Clara County have similar strict regulations for medical pot in place, or currently have moratoriums on storefront dispensaries. Eight cities, including Gilroy, have banned such businesses outright.
Gilroy police and Santa Clara County officials launched an investigation last year against owners and operators of the MediLeaf dispensary, due to what authorities called evidence of illegal sales and financial impropriety. As of last month, no charges had been filed against anyone in relation to the investigation.
The proposed ban in Morgan Hill, if enacted, will not affect medical marijuana patients who are using or growing pot in compliance with the 1996 Compassionate Use Act, a state law approved by voters exempting certain patients and their caregivers from prosecution for the possession and cultivation of marijuana, Swing said. Patients would still be allowed to acquire medical marijuana or synthetic derivatives through authorized dealers.
Statewide, cities and counties have struggled with a lack of consistency or pattern of legal interpretations of the state law since the CUA was enacted. Swing said the city is currently awaiting more precise guidance from the state attorney general’s office regarding the validity of medical marijuana cards issued by physicians, and other procedural issues related to the CUA.
Medical marijuana has not been discussed among mainstream health care providers as a service or product that is needed in Morgan Hill, according to Community Health Foundation president Joe Mueller, who also serves as chair of the planning commission.
