When Gov. Jerry Brown signed the Medical Marijuana Regulation and Safety Act on Oct. 9, 2015, he endorsed a notification calling on Californian cities to take immediate action to enact local laws or bans for medical marijuana in their areas as they wish. If these do not do so before March 1, 2016, then the general state medical marijuana laws in California becomes the authority for licensing and regulation.
Medical Marijuana Continues to Be a Contentious Issue
The dust has still not fully settled on the 1995 Proposition 215 decided by referendum. This allows ‘seriously ill’ patients under medical supervision to legally cultivate, possess and use medical marijuana for personal consumption. Even with the 2003 California Medical Marijuana program in place, some cities are still struggling to enact local ordinances to incorporate this into their urban planning.
Case #1: City of Santa Maria MMJ
Santa Maria lies on the southern Californian coast, and stretches inland as far as the Santa Lucia Mountains. Politically speaking it splits down the middle, with numerous unsuccessful attempts down the years to subdivide it. Predictably, opinions divide on medical marijuana too.
Although Santa Maria has an ordinance in place forbidding dispensaries, this does not technically disallow deliveries within city limits. The assistant city attorney believes that not banning cultivation ‘would have significant consequences for the city’s public safety departments’. This appears to have the support of the city planning commission.
In Santa Maria, a medical marijuana ban seems probable. This will likely incorporate into existing policies concerning spice, vaping and tobacco smoking.
Case # 2: Newport Beach MMJ
Newport Beach is a little further south on the rim of the Pacific Ocean, and reaches inland as far as Crystal Cove State Park. It is staunchly republican, with that party in the majority and representing it at state and federal level.
The medical marijuana debate has been ongoing in Newport Beach, with impassioned pleas from patients countered by rigorous opposition from law enforcement. Until a few days ago the city’s ordinances were silent, although there are no approved dispensaries while MMJ deliveries have been taking place.
On November 29, 2015, Newport Beach officially approved an ordinance banning the cultivation, processing, distribution and delivery of medical cannabis. The opposition was vigorous, but for now only the very brave will attempt to sell medical marijuana in that place.
Business opportunities exist where there is political support backed by a will to implement medical marijuana laws in California cities. In some cases, it seems wise to wait until the sun rises over California on March 1, 2016, and we know for sure which cities opted for change – good luck and God Speed.