CLEARLAKE — The Clearlake City Council had the first reading of Ordinance No. 2010-148 Thursday, extending the city”s moratorium prohibiting the establishment of new medical marijuana dispensaries (MMDs) for an additional year.
The current moratorium is set to expire on Nov. 4.
While the public hearing was opened and comments were accepted, Mayor Judy Thein continued the item assuring that the public hearing portion will re-open on Oct. 28 when the item is brought back before the council.
City staff was working on guidelines for regulating MMDs; however, City Administrator Dale Neiman said that staff stopped working on the ordinance last spring because a proposition to legalize recreational marijuana use by adults was approved for the November ballot. “The proposition could make the proposed medical marijuana regulations moot,” Neiman said. “Therefore, if we continued with the medical marijuana ordinance we would have wasted staff time.”
Prior to conducting the first reading, the council accepted a report highlighting reasons for extending the moratorium. Neiman said the report was necessary in order for the council to extend the moratorium. “In order to extend the moratorium you need to issue a written report that describes the measures taken to alleviate the condition which led to the adoption of the ordinance,” he said. “The report needs to be issued 10 days prior to adopting an ordinance to extend the moratorium.”
Of the 10 findings supporting extension of the moratorium, only one was challenged by the public. Finding No. 6 states: “California cities that have permitted the establishment of marijuana dispensaries have found such dispensaries have resulted in negative and harmful secondary effects, such as an increase in crime, including robberies, burglaries, and sales of illegal drugs in the areas immediately surrounding marijuana dispensaries, odor, loitering around the dispensaries, and increase in driving while under the influence of marijuana.” A member of the public requested documentation supporting this statement. She also voiced objection to extending the moratorium for a year suggesting a 90-day extension would be more appropriate.
The primary reason cited by staff for extending the moratorium related to the uncertainty of Proposition 19, which Neiman said, if approved, will take affect the day after the November election.
“If Prop. 19 is approved it will legalize various marijuana related activities, allow local governments to regulate these activities, permit local governments to impose and collect marijuana related fees and taxes, and authorize various criminal and civil penalties,” Neiman said. “Prop. 19 would also legalize recreational marijuana use by adults. People 21 and older would be allowed to possess one ounce of marijuana and grow marijuana in gardens 25 square feet in size.”
Neiman said the extending the moratorium will allow staff time to develop appropriate regulations that comply with Prop. 19 and Prop. 215.
