TITLE
Recommendation to adopt a minute order establishing a moratorium pursuant to Long Beach Municipal Code Chapter 21.50 effective
City-wide prohibiting the issuance of any business license, permit or other entitlement for the sale of medical cannabis or marijuana, direct the Planning Commission to undertake a study on the land use and zoning issues regarding the retail sale or distribution of medical marijuana and within six months recommend to the City Council regulations and conditions that should be required for any such business license, permit or other entitlement, and further direct City Attorney to prepare an interim zoning ordinance pursuant to Long Beach Municipal Code Chapter 21.50 for notice; and placement on the City Council agenda for a hearing at its third meeting next following such adoption.
DISCUSSION
While the City Council recently adopted a policy that allows police to investigate a medical marijuana claim before making an arrest, the City does not currently regulate the operation of cannabis clubs or other similar distribution centers for
the retail sale of medical marijuana. Other cities in California are also currently determining how best to ensure that
retail sales sites do not become magnets for non-medical marijuana sales, drug dealing and other crimes. While these sites may assist medical marijuana patients, it is important for the City to establish standard operating conditions before allowing the clubs to operate in Long Beach. Additionally, in November 2004, the United States Supreme Court heard
arguments in the case Ashcrofi v. Raich, on whether the federal government can prosecute patients who use marijuana under California's medical marijuana law. A ruling in favor of the federal government would call into question the legality of
the California law authorizing the use of medical marijuana.
Therefore, I believe it is important that we await the ruling by the U.S. Supreme Court. If the ruling upholds California's medical marijuana law, the Planning Commission should study the issue and make recommendations to the City Council on possible conditions and regulations to be implemented in conjunction with issuing permits to operators of cannabis clubs or other similar distribution centers.
TIMING CONSIDERATIONS
[Timing Considerations]
FISCAL IMPACT
[Fiscal Impact]
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
[Respectfully Submitted,]