The city of Napa will have until at least October 2012 to figure out what to do with its now suspended medical marijuana ordinance, one that will likely never see the light of day as it’s currently written.
During a special meeting Wednesday evening, the council unanimously voted to extend the 45-day emergency moratorium it enacted in October after a state appellate court overturned a medical marijuana ordinance in Long Beach that was similar to Napa’s law. Over the next 10 months, staff will look for a way the city can rework its ordinance to allow medical marijuana dispensaries to operate within city limits while still complying with state and federal laws.
City Attorney Michael Barrett said at this point, it appears the city has a few options when it comes to the ordinance it approved in 2010. The council could:
• Wait to see what happens with court cases and medical marijuana laws
• Revise its ordinance to decriminalize dispensaries in particular zones
• Revise its ordinance to ban dispensaries
Before the moratorium was enacted, the city held a competitive process to choose a dispensary to open shop in Napa, a level of regulation questioned in the Long Beach case. It was close to choosing a preferred dispensary, but now that process is on hold.
“We wanted to control the process,” Mayor Jill Techel said. “We created a model ordinance that was in the best interest of the community, and now we can’t move forward with that model ordinance. The things we put in there to give us the control we felt we needed to do it right now are the things they say we can’t control. I’m hopeful time will give us some clarity on the issue.”
Several residents shared their thoughts with the council on medical marijuana and why it should or should not be allowed in Napa. Several patients told the council of the benefits they see in the drug and said they currently have to drive to Vallejo or farther to obtain it.
One patient said his time is limited and he feels he is wasting it driving to dispensaries outside Napa.
Most members of the council voiced a desire to find a way to allow dispensaries in the city.
“I think the council has pretty much stated its intent to try to make this happen,” said Councilman James Krider. “We certainly want to be on the right side if and when it can happen. The 10-month and 15-day extension (of the moratorium) should be plenty of time for it to become a little more crystal clear.”
Barrett said the city could allow dispensaries to operate in identified zones of the city, but it would not be allowed to regulate them beyond that and still comply with federal law. However, the city could be in violation of federal law for decriminalizing marijuana, he added.
The council directed staff to provide updates during council meetings at least every three months.
During a special meeting Wednesday evening, the council unanimously voted to extend the 45-day emergency moratorium it enacted in October after a state appellate court overturned a medical marijuana ordinance in Long Beach that was similar to Napa’s law. Over the next 10 months, staff will look for a way the city can rework its ordinance to allow medical marijuana dispensaries to operate within city limits while still complying with state and federal laws.
City Attorney Michael Barrett said at this point, it appears the city has a few options when it comes to the ordinance it approved in 2010. The council could:
• Wait to see what happens with court cases and medical marijuana laws
• Revise its ordinance to decriminalize dispensaries in particular zones
• Revise its ordinance to ban dispensaries
Before the moratorium was enacted, the city held a competitive process to choose a dispensary to open shop in Napa, a level of regulation questioned in the Long Beach case. It was close to choosing a preferred dispensary, but now that process is on hold.
“We wanted to control the process,” Mayor Jill Techel said. “We created a model ordinance that was in the best interest of the community, and now we can’t move forward with that model ordinance. The things we put in there to give us the control we felt we needed to do it right now are the things they say we can’t control. I’m hopeful time will give us some clarity on the issue.”
Several residents shared their thoughts with the council on medical marijuana and why it should or should not be allowed in Napa. Several patients told the council of the benefits they see in the drug and said they currently have to drive to Vallejo or farther to obtain it.
One patient said his time is limited and he feels he is wasting it driving to dispensaries outside Napa.
Most members of the council voiced a desire to find a way to allow dispensaries in the city.
“I think the council has pretty much stated its intent to try to make this happen,” said Councilman James Krider. “We certainly want to be on the right side if and when it can happen. The 10-month and 15-day extension (of the moratorium) should be plenty of time for it to become a little more crystal clear.”
Barrett said the city could allow dispensaries to operate in identified zones of the city, but it would not be allowed to regulate them beyond that and still comply with federal law. However, the city could be in violation of federal law for decriminalizing marijuana, he added.
The council directed staff to provide updates during council meetings at least every three months.
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