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If Council Majority Approves This Ordinance Text Tonight (Dec. 8) And Next Week, Up To Nine Medpot Outlets Could Operate In These Areas On These Terms In Long Beach


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(Dec. 8, 2015) -- The City Council is scheduled to take the first of two votes today (Dec. 8) on whether it wishes to enact (second vote required next week), tweak, or reconsider its advance toward enacting a new medical marijuana ordinance that would allow up nine marijuana outlets (cultivation, distribution or both) to operate in the City of Long Beach.

On Sept. 22, the Council voted 6-3 (Yes: Gonzalez, Lowenthal, Supernaw, Andrews, Uranga and Richardson; No: Price, Mungo and Austin) to direct the City Attorney's office to draft an ordinance on Council-prescribed terms (motion was by Lowenthal, seconded by Richardson.

The draft ordinance text coming to the Council tonight can be viewed here. The Council could adopt it as drafted (clearing the way for a second reading/enactment vote a week later), or tweak it, or make major changes or stop the draft ordinance and retain the city's current ban.

To view areas that would eligible for such outlets, see map below.

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120815-H-2 Map Eligible Areas

On Sept. 22, a number of Councilmembers and the Mayor indicated they found it significant that (unlike the previous ordinance, adopted in the absence of a statewide regulatory framework and stricken by an appellate court), the state legislature (in early September) enacted the "Medical Marijuana Regulation and Safety Act" that creates a comprehensive statewide regulatory framework for cultivating, testing, distributing and taxing transactions involving medical cannabis and its related products. The statewide ordinance gives cities the choice of whether to ban or allow medical marijuana outlets within their city limits. Some cities, including Lakewood, intend to disallow cultivation; Signal Hill continues to have a flat ban.

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After LB's first medical marijuana ordinance was stricken, the Council adopted a flat ban on the outlets. If the proposed ordinance passes tonight (Dec. 8) and on second reading on Dec. 15, the current ban would be lifted, and Long Beach could have as many as nine medical marijuana dispensaries citywide. Under ther Council's Sept. 22 vote incorporated in the draft ordinance, the outlets can be one per district or nine Citywide in all zones except those that are exclusively residential, subject to buffers (schools, parks, libraries, licensed child car facilities in or adjacent to commercial corridors and high crime areas specifically relating to human trafficking.

Earlier this year, LB City Manager Pat West and LBPD Police Chief Robert Luna publicly advised/cautioned/warned the Council of what they say will be fiscal costs and public safety resource issues if the Council were to lift LB's current ban and enact a new LB medpot ordinance.

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City Manager West told the Council in a March 24, 2015 memo:

[City Mgr. Mar. 24, 2015 memo] The City does not currently have the resources to successfully implement and manage a medical marijuana ordinance. If an ordinance were adopted without additional resources, the City would experience the same type of problems encountered with the prior ordinance, perhaps to an even greater degree. Further, even if additional resources were found, there would need to be a minimum of a one year preparation period as staff would need to be hired through Civic Service. Additionally, the Police Department would need to decide which current enforcement operations would be reduced to provide a marijuana enforcement detail. Also, consultants would need to be interviewed and hired and appropriate policies and procedures would need to be developed to be fully prepared for the ordinance implementation.

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The City Manager followed-up with a detailed, itemized June 3, 2015 memo (text below) indicating that LB's previous medpot ordinance cost LB taxpayers nearly $4 million from FY10 through FY15:

[City Manager June 3, 2015 memo] Since 2010, it is estimated that the City has expended more than $5 million in enforcing the prior regulatory ordinance and ban on medical marijuana. This has ranged from $360,000 to more than $1.5 million on an annual basis. The largest expenses were incurred in FY 113 and FY 14, following the enactment of the ban and increased enforcement efforts. The table below provide a breakdown by department.
Total costs incurred FY10-FY15
DepartmentTotal costs
Fire$15,000
Police$425,000
City Att'y$3,000,000
City Prosecutor$550,000
Financial Mgm't$1,200,000
Development Services$70,000
Total$5,260,000

During this same time period, the City collected $1,275,000 in fines from administrative citations, out of a total of $3,320,000 issued.

The bottom line FY10-FY15: city management estimated a net cost to LB taxpayers of $3,985,000.

To view the full June 3, 2015 and March 24, 2015 memos (single document), see below.

June 201 Long Beach City Mgr. re Proposed Medical Marijuana Ordinance

Projected Medical Marijuana Taxes and Sales Tax Revenue
(Patient demand and retention ranges of low, medium and high)
Current ordinance$850,000$1,000,000$1,250,000
Ordinance w/out local grow$1,050,000$1,300,000$1,500,000
Ordinance w/out residency$1,350,000$1,800,000$2,500,000
Ordinance w/out local grow and residency$2,700,000$3,150,000$3,600,000

Immediate past LBPD Chief (now County Sheriff) Jim McDonnell, and his LB successor, current LBPD Chief Robert Luna both recommended that the Council not lift LB's current ban. They cited costs, negative neighborhood impacts and drains on current LBPD resources. Chief Luna told the Council that he will need need for additional LBPD resources if a Council majority really intends to proceed. Chief Luna said that based on his experience, he expects letting medical marijuana outlets to reopen would bring negative impacts to neighborhoods and further stretch LBPD's resources.

Currently, a number of statewide petition initiatives are gathering signatures; if they qualify for the ballot, CA voters would decide in 2016 whether to allow recreational -- not just medicinal -- use of cannabis statewide...much as Colorado voters did.

And some medical marijuana advocates have indicated they plan to challenge the new legislation in court (assuming it becomes law.) The American Medical Marijuana Association has indicated it plans to challenge the legislation on grounds it attempts to modify voter-enacted Prop 215 with a measure enacted by the state legislature (not allowed under the CA constitution.)

Marijuana remains a designated [by Congress] as a federal Class 1 controlled drug...although the Obama administration's Justice Dept. has said it won't enforce some federal laws as long as they're consistent with state medical marijuana provisions and meet other DOJ requirements. That may or may not change under a different administration...especially if a Repub is elected president.,,which could put state laws on skakey ground unless Congress acts.

A previous LB City Council voted years ago to add a section to the City's federal legislative agenda [policies the City is supposed to be supporting/advocating] to "Support legislation to classify medical marijuana as a recognized pharmaceutical medication dispensed through pharmacies." Such action would involve legislative action in Congress.

Congressman Alan Lowenthal (D, Long Beach-West OC) has supported some legislation supportive of medical marijuana dispensaries, but to date we are unaware of any House legislation authored or supported by him (or by Cong. Janice Hahn (D, LA Harbor/southbay) that would do what the City's legislative agenda seeks. However a bill introduced in March 2015 in the U.S. Senate by Senator Cory Booker (D, NJ), joined by co-sponsors Sen. Rand Paul (R, KY) and Sen. Kirsten Gillibrand (D, NY) -- S 683 -- would downgrade marijuana from Schedule 1 to Schedule 2 of the Controlled Substances Act. Since then, 12 co-sponsors have been added to the three originating Senators including Sen. Barbara Boxer (D, CA.)

In a Sept. 22 memo to the Council, Assistant City Attorney Mike Mais wrote:

[Ass't City Att'y Mike Mais memo text] The MMRSA makes clear that local public entities retain their current right to ban medical marijuana dispensaries, cultivation sites, and related medical marijuana activities within their respective jurisdictions. The MMRSA also makes clear that cities are fully empowered to adopt regulatory ordinances related to medical marijuana. If cities choose to regulate medical marijuana, they may adopt typical land use regulations such as zoning restrictions, buffer areas, cultivation regulations, Conditional Use Permit ("CUP") requirements, application and licensing requirements, regulatory fees, taxes, and the like.

The City's current ban on medical marijuana activities remains in effect. If Council desires to retain the ban in its present form it need do nothing. If, on the other hand, Council desires to adopt a regulatory ordinance, the City Attorney's Office requests direction on several key elements of such an ordinance. The critical issues that must be addressed include:

1. Number of dispensaries per Council District or Citywide;

2. Which zoning districts;

3. Buffer from which locations (e.g., schools, parks, libraries, childcare facilities);

4. Cultivation;

5. Delivery; and

6. Timing.

Any regulatory ordinance adopted by the City Council would operate in conjunction with the numerous provisions of the MMRSA, if the three bills are approved by the Governor. However, many of the provisions of the MMRSA require that various State agencies formulate and adopt administrative regulations before the MMRSA becomes fully operational. If the Council chooses to adopt a regulatory ordinance at this time, the City Attorney's office would craft an ordinance that would address the City's immediate local concerns and would include provisions that would transition certain regulatory functions and responsibilities to the State (e.g., product testing, labeling, and certain licensing activities) when the various State agencies are in a position to commence their respective regulatory activities pursuant to the MMRSA.

LBREPORT.com provides the full Sept. 22 memo text from Assistant City Attorney Mais below.

Long Beach City Att'y office memo re Medical Marijuana (Sept. 22, 2015)




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