July 12, 2010

Medical Marijuana

City Council Policy Direction

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Process & Schedule

• 2 Civic Engagement Meetings

– March 11: Overview, Feedback and Community Desires

– April 1: Playback What We Heard, Outline Issues and Receive Feedback

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Current State & Federal Law

• 1996 Compassionate Use Act– “ensure that patients and their primary caregivers

who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction”

• 2004 “Medical Marijuana Program” Act– Established Voluntary Card System– Possession Quantity Guidelines

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Current State & Federal Law

• 2008 Attorney General’s Guidelines– May 2004 Medical Board Statement– June 2007 SBOE Taxable Sales Notice– Recommends against arrest or seizure under

federal law when cultivation, possession or transportation is permitted under state law

• Federal Enforcement Stance– October 19, 2009 Ogden US Attorney Memo

• Unlawful sale for profit is an enforcement priority• State law sanctioned medical use is “unlikely to be

an efficient use of limited federal resources”

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Regulate, Control and Tax Cannabis Act of 2010• Allows possession, cultivation and

transportation of marijuana for personal use by persons over 21

• Permits local governments to regulate and tax commercial production and sale of marijuana to persons 21 years old or older.

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Existing Ventura Law

• Medical Marijuana “Dispensaries” are not Permitted in any Zoning District

• Council added “Belt & Suspenders” Moratorium last Fall– Expires September 3, 2010

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Other Cities in Ventura County

• Permanent Bans in Camarillo, Oxnard, Moorpark and Simi Valley

• Thousand Oaks, Ojai and Santa Paula rely upon their existing zoning ordinances (like Ventura’s)

• Interim moratorium in Fillmore

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Santa Barbara

• Citywide limit of three locations

• Prohibited within 600 feet of schools

• 8 a.m. to 6 p.m. Mon. through Sat.

• Santa Barbara County residents only

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Civic Engagement Feedback

• Benefits of Regulation

• Patients’ Needs

• Crime Issues

• Social Issues

• Regulatory Model

• Zoning Issues

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Benefits of Regulation

• Licensing provides “quality control” over outlets• Potential for taxation• Reduces illicit drug market• Promotes safety for customers• Criminal background checks for operators

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Patients’ Needs

• Avoid long distance travel for access

• “Local legal legitimate access”

• Society needs to serve the seriously ill• Affordability concerns due to higher prices in medical outlets

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Crime Issues

• Crime increases near dispensaries

• City is not equipped to monitor dispensaries effectively

• Santa Barbara experience has been negative overall

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Crime Issues

• Drug traffickers will come due to lack of lawful large-scale grow and distribution systems

• Illegal resale of medical marijuana is rampant

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Social Issues

• Children will have greater access to marijuana

• Impossible to keep medical marijuana out of the hands of children

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Regulatory Model

• Closed loop cooperative or collective• Regulate delivery services

• No armed security on site

• Record larger sales to track them and prevent illegal diversion

• How to tax non-profits?

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Zoning Issues

• 500 foot boundary from schools and sensitive uses like churches and parks• Indoor grow safety hazards• Don’t allow in residential or mixed use zones• Allow in commercial or industrial zones• City zoning may already allow for indoor grow in some areas

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Policy Options

1. Proceed to develop land use regulations to permit medical marijuana cooperatives and collectives

2. Extend the current moratorium pending the outcome of this November’s election on the “Regulate, Control and Tax Cannabis Act of 2010;”

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Policy Options

3. Permanently ban medical marijuana cooperatives and collectives; or

4. Do nothing, but allow Ventura’s inherent zoning prohibition -- against uses that are not expressly permitted – to serve to forbid marijuana cooperatives and collectives.

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Questions and Discussion