TITLE
Recommendation to provide additional direction to City Attorney and Development Services Department regarding the contents and parameters of a draft ordinance to be presented to the Planning Commission relating to the regulation of Medical Marijuana Dispensaries in Title 21 of the Long Beach Municipal Code. (Citywide)
DISCUSSION
In May 2010, due to the proliferation of illegal, unlicensed storefront dispensaries in the City, the City Council adopted Long Beach Municipal Code ("LBMC") Chapter 5.87 in an effort to regulate medical marijuana collectives in a manner consistent with then current State law. The ordinance set "buffer zones" between collectives and other sensitive land uses, such as residential areas, schools, and parks; and required that collectives be located at least 1 ,000 feet from one another. The City's ordinance regulated the operation of collectives through a permit system.
In order to obtain a permit from the City under LBMC Chapter 5.87, the City required a collective to comply with certain regulations and "operating conditions." These included record keeping requirements, the installation of sound insulation, odor absorbing ventilation, security cameras, centrally monitored fire and burglar alarm systems, "product" testing by independent laboratories, and a requirement that all marijuana sold in the City also be cultivated within the City limits. Due to the extensive amount of litigation generated by the adoption of LBMC Chapter 5.87, no operational permit was ever issued to any medical marijuana collective, although many continued to operate illegally.
In August 2010, Ryan Pack and Anthony Gayle (collectively "Pack") sued the City contending that LBMC Chapter 5.87 was unconstitutional. Pack argued that LBMC Chapter 5.87 was preempted by the Federal Controlled Substances Act and the Supremacy Clause of the United States Constitution. Although the City prevailed at the trial court level, the State Court of Appeal reversed the trial...
Click here for full text