Medical Marijuana Advocates Plan Initiative (Voter Signature) Drive For Ballot Measure To Require LB City Hall To Allow/Regulate/Tax Med MJ Outlets

The petition initiative's official proponent is Jeremy Coltharp, who tells LBReport.com that he is a managing member in a LB collective in Natural Solutions, a LB collective in the vicinity of Anaheim St./Santa Fe Ave. He said ballot measure supporters are seeking to qualify for a special election, which would require collecting valid signatures 15% of LB registered voters. As of May 22, 2012, the City Clerk's office reported that Long Beach had 223,617 registered voters.

The development comes as a Sunday Aug. 12 City Hall deadline looms by which all LB medical marijuana outlets must cease operations (July 3 Council 4-5 vote declined to let City Hall's current "allowed" outlets continue until the CA Supreme Court rules on the issue) against the backdrop of a CA Court of Appeal ruling in June that struck down a blanket ban in unincorporated parts of L.A. County.

LBReport.com has the text of the Proposed Ordinance and the proponents' Notice of Intention to Circulate their initiative petitionclick here [signature and personal info redacted].

A release this morning (Aug. 7) states:

Jeremy Coltharp filed documents on behalf of patient members throughout Long Beach, and indicated that patients seeking relief from debilitating illness are concerned with ensuring that they are able to receive medical marijuana in safe and secure locations.

"It’s important that the City of Long Beach provides the leadership needed to ensure the health and safety of all its citizens, both medical marijuana patients and the community as a whole," stated Coltharp. "Regulation of medical marijuana distribution will ensure that dispensaries have clear expectations to which they must adhere, and will also ensure that sick patients are are not forced to turn to back alley drug dealers."

In July, the Long Beach City Council voted to outlaw medical marijuana, rather than regulate its distribution in the City, in violation of recent binding court rulings that declared total bans to be illegal under California law. Those key court decisions follow the Compassionate Use Act of 1996, a landmark voter initiative by which voters authorized the use and distribution of marijuana for medicinal purposes. The initiative was passed by an overwhelming majority of Long Beach voters, and served as an example to seventeen other states and the District of Columbia that have since passed similar medical marijuana laws. At least six other states are currently considering such laws.

Coltharp anticipates collecting signatures from 15% of registered voters in Long Beach in order to qualify for a special election. "We continue to look to our City leaders to find the best way to ensure public safety," said Coltharp, "I’m confident that our City Council will will find a way to do that without endangering the quality of life of so many people in need."

In June, a three-judge panel of 2nd dist. CA Court of Appeal )controlling authority in Los Angeles County) struck down L.A. County's blanket ban in unincorporated areas. Its reasoning: the blanket ban conflicts with state law allowing the use of medical marijuana. City Attorney Shannon noted at the July 3 Council meeting that on a separate legal track, a separate three judge panel of the same the 2nd dist. Court of Appeal struck down LB's marijuana regulatory ordinance on grounds it conflicts with federal law and forbids the city from affirmatively regulating what the federal government prohibits.

The CA Supreme Court is scheduled to take up the Pack v. Long Beach case (and other medical marijuana related cases) in the coming months, perhaps clarifying powers of cities to regulate medical marijuana.

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