Officials delay marijuana ruling

The legal status of medical marijuana dispensaries will remain in limbo in Huntington Beach for at least a few more weeks, city planning commissioners decided this week.

After more than an hour of debate Tuesday, the commission voted unanimously to postpone a vote on removing language in the zoning law that allows such establishments. Commissioners said they didn’t have enough information to make an informed decision.

“The legal information we’ve been given seems to be inadequate,” said commissioner Joe Shaw. “There’s not enough there to make a real sound decision.”

In 2005 the city passed an ordinance to allow such dispensaries, only to have the council vote to remove that language only a few months later after the Supreme Court ruled that state medical marijuana laws did not stop the federal government from regulating cannabis or prosecuting on federal drug charges. Only recently did the Planning Commission take up the issue to follow through on the council’s request, two years later.

Huntington Beach does not have any licensed dispensaries, according to city staff reports.

City ordinance still bans issuing any business permit for a use that is illegal under municipal, state or federal law, said Senior Deputy City Attorney Leonie Mulvihill.

So even without changes to zoning regulations, no dispensary would be allowed, she added.

“The question before us is not whether we should have medical marijuana or should we not,” said commission Chairman John Scandura. “The question is: should we have an ordinance in the city that while legal under state law is not legal under federal law?”

But commissioners ultimately said the confusing interaction between federal and state law left them unready to make a decision, especially with the possibility of being prosecuted in federal and state court for different reasons. They asked city staff to give them more information on the U.S. Supreme Court decision, the exact requirements of the state medical marijuana initiative, and the full text of other state law on marijuana possession and dispensaries.

“I think it would behoove us and help the council to not forward this until we have all the information we need, and then send it up with a recommendation,” Commissioner Tom Livengood said.

The commission will consider the amendment again on Sept. 11.

QUESTION OF THE WEEK

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