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Long Beach council delays medical marijuana ban vote
By Eric Bradley, Staff Writer
Posted: 01/17/2012 09:17:24 PM PST
Updated: 01/17/2012 09:17:35 PM PST
LONG BEACH — With Vice Mayor Suja Lowenthal absent, the Long Beach City Council for a second time postponed a vote on a ban on medical marijuana dispensaries within city limits.
The 5-3 vote on Tuesday pushed off a decision until Feb. 14 on a dual action that, if approved, would close local pot dispensaries and repeal a year-old ordinance that grants operating permits to Long Beach medical marijuana collectives.
In October, the 2nd District Court of Appeal struck down the regulations, ruling in Pack v. Long Beach that the ordinance forces permit applicants to violate federal prohibitions on selling and distributing marijuana. Long Beach has appealed the decision to the California Supreme Court for clarification on its powers to control the proliferation of cannabis dispensaries.
Citing the ensuing legal limbo, Mayor Bob Foster argued against the delaying measure introduced by Councilman Steve Neal and seconded by Councilwoman Rae Gabelich.
"Sooner or later there is going to be a problem with this and it's going to become an issue this council wishes it had resolved," Foster said.
But a majority of the council opted to wait to vote on the matter until all members are present. Lowenthal had a "work obligation" Tuesday, said Broc Coward, her chief of staff.
Council members Patrick O'Donnell, Gerrie Schipske and James Johnson voted against continuing the matter. This was the second time that a decision has been continued because
of an absent council member. On Dec. 13, the council deadlocked 4-4 on the ban when Councilman Robert Garcia was absent.
Lobbyist Carl Kemp, who represents Long Beach collectives, has urged the council to wait until after Feb. 8, when the state Supreme Court is expected to announce whether it will hear the city's case.
He said the delay was positive and "better than a ban."
"One more day (medical marijuana patients) get to have their meds without going to the streets to get them," said Kemp.
City Attorney Robert Shannon said that the best course of action for the council was to ban collectives and repeal the permit ordinance that the court deemed unlawful.
He estimated that the high court would take nine to 12 months to decide the case, if it takes it at all, during which a "lawless" period of time would exist in the city in regard to curbing the operation of dispensaries.
Before the vote, Police Chief Jim McDonnell associated collectives with 81 crime reports, including 54 felonies. Crimes ranged from shootings, robberies, arson, burglaries and the murder of marijuana distributor Philip Victor Williamson.
Williamson was shot in his upper body on March 24 in the 1500 block of Pine Avenue while carrying seven pounds of marijuana and $500,000 cash, according to police. He died of his injuries the next day.
"There's no doubt in my mind that these (collectives) have been the source of a number of crimes and a drain on police resources," McDonnell said.
After the decision, medical marijuana advocate Brad Wood expressed disappointment at what he viewed as Shannon and McDonnell attempting to "scare" the council into a ban.
"A lot of it was fear based, and that's a bummer," Wood said.
Long Beach council delays medical marijuana ban vote
By Eric Bradley, Staff Writer
Posted: 01/17/2012 09:17:24 PM PST
Updated: 01/17/2012 09:17:35 PM PST
LONG BEACH — With Vice Mayor Suja Lowenthal absent, the Long Beach City Council for a second time postponed a vote on a ban on medical marijuana dispensaries within city limits.
The 5-3 vote on Tuesday pushed off a decision until Feb. 14 on a dual action that, if approved, would close local pot dispensaries and repeal a year-old ordinance that grants operating permits to Long Beach medical marijuana collectives.
In October, the 2nd District Court of Appeal struck down the regulations, ruling in Pack v. Long Beach that the ordinance forces permit applicants to violate federal prohibitions on selling and distributing marijuana. Long Beach has appealed the decision to the California Supreme Court for clarification on its powers to control the proliferation of cannabis dispensaries.
Citing the ensuing legal limbo, Mayor Bob Foster argued against the delaying measure introduced by Councilman Steve Neal and seconded by Councilwoman Rae Gabelich.
"Sooner or later there is going to be a problem with this and it's going to become an issue this council wishes it had resolved," Foster said.
But a majority of the council opted to wait to vote on the matter until all members are present. Lowenthal had a "work obligation" Tuesday, said Broc Coward, her chief of staff.
Council members Patrick O'Donnell, Gerrie Schipske and James Johnson voted against continuing the matter. This was the second time that a decision has been continued because
of an absent council member. On Dec. 13, the council deadlocked 4-4 on the ban when Councilman Robert Garcia was absent.
Lobbyist Carl Kemp, who represents Long Beach collectives, has urged the council to wait until after Feb. 8, when the state Supreme Court is expected to announce whether it will hear the city's case.
He said the delay was positive and "better than a ban."
"One more day (medical marijuana patients) get to have their meds without going to the streets to get them," said Kemp.
City Attorney Robert Shannon said that the best course of action for the council was to ban collectives and repeal the permit ordinance that the court deemed unlawful.
He estimated that the high court would take nine to 12 months to decide the case, if it takes it at all, during which a "lawless" period of time would exist in the city in regard to curbing the operation of dispensaries.
Before the vote, Police Chief Jim McDonnell associated collectives with 81 crime reports, including 54 felonies. Crimes ranged from shootings, robberies, arson, burglaries and the murder of marijuana distributor Philip Victor Williamson.
Williamson was shot in his upper body on March 24 in the 1500 block of Pine Avenue while carrying seven pounds of marijuana and $500,000 cash, according to police. He died of his injuries the next day.
"There's no doubt in my mind that these (collectives) have been the source of a number of crimes and a drain on police resources," McDonnell said.
After the decision, medical marijuana advocate Brad Wood expressed disappointment at what he viewed as Shannon and McDonnell attempting to "scare" the council into a ban.
"A lot of it was fear based, and that's a bummer," Wood said.
