California, Moreno Valley

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City pot outlets under review

MORENO VALLEY: The council may temporarily ban them while studying their effects.



02:08 AM PST on Tuesday, February 14, 2006

By DAN LEE / The Press-Enterprise

MORENO VALLEY - The Moreno Valley City Council may just say no to medical marijuana dispensaries -- at least for now.

The council is expected tonight to consider enacting a moratorium on such dispensaries. The temporary ban would allow officials to review the potential effects of allowing the dispensaries in town and what, if any, regulations they could impose. The city of Palm Desert has enacted a moratorium for similar reasons.

Moreno Valley City Attorney Bob Herrick said Riverside County is expected to begin issuing medical marijuana identification cards, creating the potential for dispensaries to be established in communities.

"We wanted to be sure we had an opportunity to study the impacts," Herrick said by phone.

The proposed moratorium comes forward against a backdrop of conflicting laws over marijuana.

California voters approved Prop. 215 in 1996, legalizing the use of marijuana for medical purposes as prescribed by a physician, including treating the symptoms of cancer, glaucoma, chronic pain and AIDS. But marijuana use is still illegal under federal law, which preempts, or takes precedence over, state law.

The question, Herrick said, is how does someone obtain marijuana for medical purposes if it is still illegal? Subsequent state legislation has allowed cooperatives of medical marijuana users to grow and distribute the drug, according to a memo prepared by Herrick.

As a result, medical marijuana dispensaries have established themselves in some communities around the state. But authorities in other communities have reported problems with the dispensaries, Herrick said.

"They tend to evolve into more social club or nightclub atmosphere and have the same kind of issues surrounding them," he said.

In addition, dispensaries could lure unqualified buyers seeking marijuana, he said.

Some communities have banned the dispensaries, but others have permitted them wherever retail businesses are zoned, he said.

City officials could require dispensaries to obtain a conditional-use permit, which would require the dispensary operators to comply with certain regulations imposed by the city, Herrick said.

Bars, drive-through restaurants and adult entertainment businesses are examples of land uses that require conditional-use permits, he said.

Reach Dan Lee at (951) 567-2410 or dlee@PE.com

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09:44 AM PST on Wednesday, January 24, 2007


Medical marijuana moratorium extended

<span class=postbold>The council extended a moratorium on medical marijuana dispensaries by one year. </span>

The moratorium was put in place because Riverside County is expected to begin issuing identification cards for medical marijuana users, increasing incentive for dispensaries countywide. City officials say a moratorium would allow them to weigh the effects of having dispensaries in the community and determine what regulatory controls they could impose.

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Moreno Valley council to weigh banning medical marijuana dispensaries

10:00 PM PST on Monday, February 11, 2008

By DAN LEE
The Press-Enterprise

Medical marijuana dispensaries could be permanently banned in Moreno Valley tonight.

The City Council is expected to consider using an urgency declaration to prohibit opening the businesses within Moreno Valley. City Attorney Bob Herrick said he is recommending the ban primarily because of the problems associated with such dispensaries.

A California Police Chiefs Association report found that robberies, assaults and burglaries involving marijuana and large amounts of cash do occur at such dispensaries. The exact frequency is difficult to determine because of underreporting and the lack of a category for crimes related to the dispensaries.

A secondary reason, Herrick said, is that marijuana use is still illegal under federal law.

California voters in 1996 approved Prop. 215, which allowed individuals to obtain marijuana for medical purposes when approved by a physician. The state Legislature in 2003 approved Senate Bill 420, which provided additional legal guidance to medical marijuana users and led to dispensaries opening around California.

City Planning Official John Terell said no medical marijuana dispensaries are operating with city approval in Moreno Valley.

"Other than a few preliminary inquiries, no one has pursued it," he said by phone.

The inquiries occurred after SB 420 was approved, but they didn't go beyond the front counter at City Hall, Terell said.

He said he was unaware of any operating illegally within the city, either.

The proposal to ban dispensaries is modeled after a similar ordinance in Anaheim. The law there is being challenged in court, but the judge has allowed the ban to continue until the matter is resolved, according to a staff report prepared by Herrick.

In February 2006, the Moreno Valley City Council imposed a moratorium that prevents the city from approving any dispensaries within the city until a permanent policy is created, Herrick said. But the moratorium can last two years at most under state law, he said, and it expires today.

The regular lawmaking process requires the council to approve a proposed law twice at separate meetings. The law would then take effect 30 days after the second vote.

But the council is being asked to approve the proposed law as a matter of urgency to preserve public safety, health and peace.

If approved with that declaration, the law would take effect immediately, avoiding any lapse between the moratorium and a permanent ban.

An urgency ordinance, however, would require "yes" votes from four of the five council members, rather than a simple majority of three.

Reach Dan Lee at 951-368-9284 or dlee@PE.com

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Council OK's medical marijuana outlet ban


The Press-Enterprise
March 25, 2008

The council approved a permanent law banning the establishment of medical marijuana dispensaries in Moreno Valley. The basis for the proposed law, city officials said, is the problems other communities have experienced, including assaults and thefts of large amounts of money and marijuana.