Council Should Appoint "Green Ribbon" Task Force To Create Better Medical Marijuana Ordinance

by Diana Lejins
Ms. Lejins is the past chair of LB's Citizens Advisory Commission on Disabilities

Editor's note / Background: On Jan. 17, the City Council is scheduled to vote on an item that would ban medical marijuana outlets in Long Beach after a CA Court of Appeal (Pack v. City of Long Beach) invalidated LB's ordinance which sought to regulate a number of aspects of the outlets' operations. City Attorney Bob Shannon has said that the Pack ruling forbids the City from taking any affirmative steps to enforce the rules it adopted to regulate medical marijuana on grounds federal law doesn't let the city regulate what Congress says is a controlled [illegal] substance. On December 13, the Council deadlocked 4-4 on a motion by Councilmembers O'Donnell/Schipske to follow the City Attorney's advice and ban medical marijuana outlets (at least until the CA Supreme Court clarifies state law on the matter). (Yes: DeLong, O'Donnell, Schipske, Johnson; No: Lowenthal, Andrews, Gabelich, Neal; Absent: Garcia). The Council then voted 6-2 (O'Donnell, Schipske dissenting; Garcia absent) to hold the item over to Jan. 10, subsequently rescheduled to Jan. 17.

In the last election, California Prop 19 legalizing marijuana lost by a slim margin. This was in large part because of the intense propagandizing and fear mongering of the pharmaceuticals, prison guard unions (vested in jobs) and tobacco companies -- just follow the $$$$. In Long Beach City, it handily won. Presidential candidate Ron Paul’s approval rate is gaining exponentially due to his irresistible stance on lessening governmental interference on private lives.

As we speak, several initiatives are gathering momentum and signatures to legalize marijuana. They have gained popularity especially in the light of city officials, police, prosecutors, and even judges ignoring the will of the people as in California Proposition 215. Called the Compassionate Use Act, Prop 215 sought to facilitate people who need marijuana as medicine. According to its provisions, the State should have stepped up to the plate in providing patients with the herbal medicine that eases their suffering.

The dispensaries have filled in where the State has negligently and sorrowfully failed. In many cases, it is not practical or possible for sick/disabled people to grow their own. More than likely, a ban on dispensaries would only drive these vulnerable citizens to the streets and put them at extreme risk buying from drug dealers. The product may be laced with an addictive substance or may be tainted with deadly molds or other pathogens that would be especially devastating to those with immune-compromised illnesses such as AIDS.

Forcing them to buy from gang-affiliated dispensers would only fund and enable larger and more powerful cartels. This predictably results in more crime and turf wars where innocent bystanders may be gunned down. With an already- drained police department and a dramatic spike in shootings over the past few months, is empowering gangs/cartels a wise path to follow?

It is imperative that the Long Beach City Council find a viable alternative to outright banning of medical marijuana dispensaries, not only for the patients that use this medicine now but for all citizens that may one day need it to treat their pain and/or medical condition. Death is a certainty of life; suffering is often a choice. While the Americans with Disabilities Act (ADA) stance on this subject is pending, the spirit of the ADA should not be undermined by draconian political decisions.

This is a golden opportunity for the Council to appoint a community-based "Green-Ribbon" Task Force to create a more democratically-generated solution. This committee should include representatives from the City and the citizenry. The purpose/mission of this assemblage should be to craft a more equitable ordinance that sensibly regulates medical marijuana dispensaries and allows reasonable access/accommodation to the sick and disabled.