Tuesday, January 18, 2011

Imperial Beach considers banning pot dispensaries

BY WENDY FRY
TUESDAY, JANUARY 18, 2011 AT 9:36 A.M.

IMPERIAL BEACH — Imperial Beach is considering adopting a permanent ban on medical marijuana dispensaries.

The San Diego County Grand Jury recommended in June that the city allow dispensaries, and the council looked at a range of options. Among them: Limiting the areas they could operate; placing restrictions on them; or banning them outright. A citywide moratorium on medical marijuana dispensaries is due to expire this summer.

After Community Development Director Greg Wade cited evidence at a Dec. 15 meeting that crime significantly increases near medical marijuana facilities in other cities, council members said they were “alarmed” and “distressed” over the possibility of dispensaries here.

The staff report cited a 200 percent increase in robberies near dispensaries in Los Angeles.
At least one group, the Imperial Beach Americans for Safe Access, has been actively lobbying against a ban. Medical marijuana advocate Eugene Davidovich said such a move would be “illegal, irrational and an outrage.”

There are no dispensaries in the city, but two are located just outside city limits within a mile of most Imperial Beach residents.

“Any kind of ban on these types of facilities would not ... deny medical marijuana to those who need to obtain it,” Wade said.

City officials worry about the cost of dealing with additional public safety concerns and regulation.

“When you think about just the cost alone of regulating them, I believe our city budget cannot bear the brunt of that,” Councilwoman Lorie Bragg said.

Complicating the matter, state law prohibits dispensaries from being within 500 feet of a residential area, park, school or church, which virtually eliminates every part of the city.

“Deciding what to do on this is a tough one too; you’re damned if you do and damned if you don’t as far as litigation goes,” Bragg said. “I would be in favor of a total ban on medical marijuana dispensaries in our community.”

Bragg was joined by Councilman Ed Spriggs in support of a complete ban. Councilman Brian P. Bilbray said while the dispensaries are an undesirable venue “much like an adult bookstore,” he favors zoning for one dispensary in the city to avoid litigation.

Spriggs said allowing dispensaries would be reversing course on strides the city has made in “establishing itself as a wonderful family-oriented beach community.”

Councilman Jim King along with Mayor Jim Janney said they both originally supported the voter-approved measure allowing the city to regulate dispensaries, but have since changed their mind and now want to ban them.

A 1996 voter-approved measure permitted the distribution of marijuana for medicinal purposes in California. Any ban would require a 45 day pubic review process — something city officials hope to complete before the moratorium expires Aug. 18.

(The Grand Jury report may be found here)

wendy.fry@uniontrib.com • (619) 293-1743 • On Twitter @WendyFry.

http://www.signonsandiego.com/news/2011/jan/18/imperial-beach-considers-banning-medical-marijuana/

No comments: