Noting that their action would not affect patients who are in
compliance with state law, the planning commission unanimously
recommended a ban on medical marijuana dispensaries in the city
limits.
Noting that their action would not affect patients who are in compliance with state law, the planning commission unanimously recommended a ban on medical marijuana dispensaries in the city limits.
Tuesday’s planning commission meeting drew a couple dozen Morgan Hill residents to speak about the proposed ordinance and the larger issue of medical marijuana. Among them was an organized group of students advocating sobriety.
City staff, commissioners and members of the public suggested that while the 1996 Compassionate Use Act, approved by voters, approved the use of medical marijuana for residents with qualifying illnesses, storefront dispensary operators have misinterpreted and taken advantage of the law.
As a result, opponents of marijuana and dispensaries say the facilities have brought more serious crime such as armed robberies to communities.
“It’s pretty clear the intent of the CUA is being abused,” commission chair Joe Mueller said. “It sounds like a small percentage of people who are using (medical marijuana) are the intended group,” he added, referring to complaints from residents speaking in opposition to medical marijuana that recreational marijuana users have acquired state-approved medical cards by lying to complacent doctors about their ailments.
Commissioner Wayne Tanda added that the proposed ordinance, which will be considered for final adoption by the city council May 25, would not ban medical marijuana and the city is not trying to ban it, as some of the speakers at the meeting suggested it should.
“Having a medical marijuana dispensary within somebody’s hometown wasn’t part of the deal (in the CUA),” Tanda said. “In our case, you would just drive to San Jose” to acquire medical pot.
Residents who are permitted will still be able to grow a limited number of pot plants for their own use in the city limits, assistant city attorney Jefferson Billingsley said.
City staff and commissioners also agreed that a dispensary ban will eliminate costs to process and license the facilities which would otherwise require local regulations, and for police to enforce them.
“Now is not the time to be spending those resource, or add to anything that city staff have to deal with at this time,” Tanda said.
Police chief David Swing said 84 percent of cities and counties in California have enacted bans or moratoriums on medical marijuana shops, “and the rest have ordinances regulating them.”
He also listed a number of criminal incidents in Morgan Hill and San Jose that are tied to excessive or unauthorized marijuana use, cultivation or sales.
Art Barron, director of the Morgan Hill Healthy Families Advocacy Coalition, spoke in favor of the dispensary ban and cited the legal morass surrounding the now-closed MediLeaf dispensary in Gilroy.
“Gilroy learned the hard way,” Barron said. “They didn’t have any regulations or ordinances. (MediLeaf) didn’t have a business license, and it has cost the city hundreds of thousands of dollars to fight it.”
