City Council Axes Proposed Ban in Favor of Regulation

The city of San Leandro took one step towards legalizing medical marijuana dispensaries within city limits Monday, citing a recent California Supreme Court decision making it unlawful for cities and counties to ban them outright as the main reason for the decision.

The San Leandro City Council met earlier this month to vote on banning marijuana dispensaries, which would have extended a moratorium already in place. However, that same day, the California Supreme Court overturned a ban in Los Angeles County as unconstitutional under state law. Considering this and the possible ramifications, the council decided to push the vote back in order to research the city’s legal options.

At the city council meeting on Monday, city attorney Jayne W. Williams advised city leaders that moving ahead with a ban on collectives – against state law – could result in legal troubles for the city if someone decides to challenge the ban in court.

The alternative option presented to the council encouraged the city to “prepare an analysis, work plan, budget and schedule for the establishment and implementation” of marijuana dispensaries within city limits.

Thirteen citizens of San Leandro came to voice their opinions on the issue, both for and against. By far, most of the speakers hammered the council on the necessity of allowing the dispensaries, highlighting both legal and moral reasons.

“Banning would really affect the senior [citizens],” said Sue Taylor, health and wellness advocate. “Ambien is killing them, oxycotin and vicotin are killing them, but medical cannabis is keeping them alive.”

“Instead of combing our current legislation and regulations to see how we can legally ban dispensaries,” asked San Leandro resident Nina Ousley, “why don’t we work on a legal and regulatory strategy to allow oversight that ensures their safe and legal operation?”

The highly outnumbered opposition focussed their arguments on the possible negative effects of having medicinal cannabis clubs in their community.

“I am very concerned that without strong regulation, allowing dispensaries would only bring us difficulty,” said Claudia McHenry, San Leandro resident. “Their lack of oversight, lack of regulation and with there being no effective auditing process, these places become magnets for individuals who would not be interested in the great uses of medical marijuana.”

Councilmember Jim Prola was first to voice his support for the alternative, highlighting the negative legal ramifications of a ban while casting doubt on arguments against allowing dispensaries.

“I don’t want another lawsuit against our city,” said Prola. “We’ve spent thousands of dollars on lawsuits over this last year. This ban would just invite further litigation.”

Prola was joined in his support by councilmembers: Pauline Cutter, Ursula Reed, Michael Gregory and Mayor Stephen Cassidy. Councilmembers Janice Starosciak and Diana Souza were alone in their opposition.

With the support of the majority of the council, the issue now moves to the rules committee, which will begin exploring options for implementation of business licenses and zoning regulations.

For now, the ban remains in effect until the San Leandro City Council decides exactly how to implement the new policy.