With recreational marijuana now legal in California, the Morgan Hill City Council updated the city ordinance regulating the drug’s medical use at their latest meeting.
At the July 19 meeting, the council and city staff also agreed to host an upcoming workshop on recreational marijuana and whether the city should consider allowing marijuana manufacturing, cultivation, retail sales or delivery services in Morgan Hill.
Since voters approved Proposition 64 legalizing recreational marijuana in November 2016, “several individuals” have inquired with city staff about marijuana-related business opportunities in Morgan Hill, according to a staff report presented to the council by Police Chief David Swing. The upcoming workshop discussion will aim to weigh the potential harmful impacts of an increased presence of marijuana—such as youth access and impaired driving—with the potential tax revenues available to the city if it allows retail sales, cultivation and manufacturing.
Swing said staff has reached out to HdL Companies to facilitate the workshop. HdL Companies is a consulting firm that has worked with about 70 cities in California in providing advice on “best practices for marijuana regulation and expectations for potential revenue and impacts,” reads the city staff report.
Council members commented July 19 that they are interested in hearing more about what other cities and states are doing to regulate recreational marijuana in order to inform them on how to impose further regulations in Morgan Hill. The state is expected to develop more regulations and guidelines on the sale and production of recreational marijuana by early 2018.
The city has previously taken a more restrictive approach to regulation than many cities in the area when it comes to medical marijuana.
“I think we should regulate it right along cigarettes and alcohol in Morgan Hill,” Mayor Pro Tem Larry Carr said. “I don’t want to increase smoking in Morgan Hill. I don’t want to breathe your smoke and we should be regulating that (and) decrease smoking in Morgan Hill, no matter what they’re smoking.”
Carr also suggested inviting some marijuana advocates to the upcoming workshop, which is tentatively set for Sept. 6.
Morgan Hill resident Joy Joyner spoke as a supporter of medical marijuana at the July 19 meeting. She said she currently has to drive to San Jose to obtain her marijuana-derived medicine, which she needs to alleviate chronic pain and other symptoms associated with a number of autoimmune and nerve disorders.
“Every few weeks I go to San Jose, and my tax dollars go to San Jose,” Joyner said. “I would much rather my tax dollars go to Morgan Hill. Our city can use those dollars.”
Ordinance changes reflect state law
In the meantime, the council voted 4-1 July 19 to update the city’s current marijuana ordinance. The update removes references to “medical marijuana,” and clarifies that existing local restrictions apply to both medical and recreational marijuana sales, cultivation and distribution.
The ordinance update also reflects Prop 64’s change in state law to allow the indoor cultivation of up to six marijuana plants for personal use.
“The intent, really, is to avoid confusion,” City Attorney Don Larkin said.
City Councilman Rene Spring voted against the ordinance changes because the city’s existing ordinance, first approved in 2011, is “outdated.” He would prefer to keep it in place as written for now, and do a more comprehensive overhaul of the ordinance to allow some level of legitimate marijuana business in Morgan Hill.
Plus, he said he thinks the updates are too restrictive because they are now prohibiting both medical and recreational marijuana uses and production.
“I’d rather have those businesses regulated within our town and bring in more needed tax money,” Spring said after the meeting.
Local resident Doug Muirhead told the council that Morgan Hill voters approved Prop 64 with 57 percent of local voters casting “Yes” ballots on marijuana legalization. Thus, adding further restrictions on marijuana is “ignoring the will of the people.”
