Long Beach, CA
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File #: 12-0575    Version: 1 Name: CD-8,2,9 - medical marijuana
Type: Agenda Item Status: Failed
File created: 6/29/2012 In control: City Council
On agenda: 7/3/2012 Final action: 7/3/2012
Title: Recommendation to: 1) request City Attorney to draft an ordinance amending the Long Beach Municipal Code (Chapter 5.89) to extend the exemption for those collectives previously exempt until the California Supreme Court rules on Pack v. Long Beach, or unless said collectives are determined to be non-compliant; and 2) request City Manager to direct the police department to work with all appropriate local and state agencies to shut down and prosecute all non-exempt collectives.
Sponsors: COUNCILWOMAN RAE GABELICH, EIGHTH DISTRICT, COUNCILMEMBER SUJA LOWENTHAL, SECOND DISTRICT, COUNCILMEMBER STEVEN NEAL, NINTH DISTRICT
Indexes: Ordinance request
Attachments: 1. 070312-NB-32sr&att.pdf
Related files: 11-1156, 15-0274, 15-1270
TITLE
Recommendation to: 1) request City Attorney to draft an ordinance amending the Long Beach Municipal Code (Chapter 5.89) to extend the exemption for those collectives previously exempt until the California Supreme Court rules on Pack v. Long Beach, or unless said collectives are determined to be non-compliant; and 2) request City Manager to direct the police department to work with all appropriate local and state agencies to shut down and prosecute all non-exempt collectives.
 
DISCUSSION
On February 14, 2012, the city council voted to ban all medical marijuana collectives in the City of Long Beach.  After much debate and discussion by the City Council, staff and public, a temporary exemption was granted to "those applicants of certain dispensaries or cultivation sites that were successful participants in a lottery conducted by the City on September 20, 2010."  
 
Included in the discussion of the exemptions were three explicit legislative intentions: a) Not to have a total ban that would unduly harm and interfere with patient's rights to safe access, b) offer an extension of the exemption for those qualified collectives that proved to be good neighbors in compliance with the spirit and intent of the previous ordinance , and c) wait until clarity was offered from the State Supreme Court concerning the Pack v. Long Beach case.
 
FISCAL IMPACT
The fiscal impact of this item is unknown at this time.
 
SUGGESTED ACTION
Approve recommendation.
 
Respectfully Submitted,
COUNCILWOMAN RAE GABELICH
EIGHTH DISTRICT
 
VICE MAYOR SUJA LOWENTHAL
SECOND DISTRICT
 
COUNCILMEMBER STEVEN NEAL
NINTH DISTRICT
 
 
 
APPROVED:
 
PATRICK H. WEST
CITY MANAGER