CLEARLAKE ? Two years and seven months ago the City of Clearlake issued a temporary moratorium prohibiting the issuance of new business licenses for the intent of dispensing medical marijuana. At its time of implementation the city council said the purpose of the moratorium was to allow staff time to establish regulations for governing dispensary operations.
At 6 p.m. on Thursday the Clearlake City Council and Planning Commission will hold a joint workshop to review proposed regulations pertaining to medical marijuana dispensaries and alternatives.
Members of the public are welcome to attend and participate.
In April 2007, the city council took the stance of sidestepping the issue with the intention of waiting until it was resolved within the federal courts. Implementation of the moratorium was followed by a decision by the council to allow renewal of existing businesses licenses of those who were already operating as medical marijuana dispensaries.
The moratorium expired in April 2008 at which time the council decided to rely on Clearlake Municipal Code 6-3.6, which states that
“The issuance of a license under this section shall not entitle the licensee to engage in any or do any, which, for any reason, is in violation of any federal, state, or municipal law, rule, or regulation.” Wording of the section brought up a question as to whether or not the city has the obligation or the right to enforce federal laws.
The US Supreme Court refused to review a landmark decision in which
California state courts found that its medical marijuana law was not preempted by federal law. The state appellate court decision from
Nov. 28, 2007, ruled that “it is not the job of the local police to enforce the federal drug laws.” In December 2008, the issue resurfaced when Liz Byrd initiated an appeal regarding the revocation of her business license for a medical marijuana dispensary. Nearly a year later, the appeal is ongoing and Byrd continues to operate.
During the December 08 discussion, Overton stated, “We can”t wait for the state to get something done. They can”t even get their budget done. We can not wait for the state to make a decision. We need to be the ones that make a decision for our city.”
Byrd”s appeal was brought back to light in January 2009 when four alternatives for regulating medical marijuana dispensaries were presented to the council. During the discussion, Vice Mayor Judy
Thein made several attempts to gaining motion support for shutting down all existing medical marijuana dispensaries. Thein”s attempts were met with remarks from the city”s attorney indicating Thein”s suggestions presented a potential for legal and/or financial consequences. The council could not reach a decision when the alternatives were presented in January and chose to form a committee to address the issue. The committee, which included the participation of Councilmember Joyce Overton, Clearlake Police Chief Allan McClain and others recommended a combination of two of the presented alternatives. The alternatives pertained to establishing regulations and allowing operations under a conditional use permit.
Agenda reports for Thursday”s workshop were not available as of press time Tuesday. However, at 3:57 p.m. the newsroom received an updated agenda with a second item added regarding the consideration of adoption of an interim urgency ordinance making findings and establishing a temporary moratorium on the establishment and operation of medical marijuana dispensaries.
Contact Denise Rockenstein at drockenstein@clearlakeobserver.com or call her directly at 994-6444, ext. 11.
