Yesterday, I reported that the Malibu Planning Commission was slated to hear arguments for a strict ban on outlets for "Medical Marijuana" dispensaries within the city limits.
On the heels of the announcement, a number of activists in support of medical marijuana and its compassionate use in the State of California, organized a rally and appeared before the Commission to plea for leniency.
I was unable to attend the meeting yesterday afternoon, but a representative for "Americans for Safe Access" - Don Duncan - did appear and was thrilled to inform me bright and early this morning that the planners roundly rejected the proposed ordinance to ban pot dispensaries in the region.
At that hearing, Mr. Duncan - and others - urged council to reject the bid for a ban - and in the alternative - follow the lead of other cities and counties around the state (including Los Angeles County) - by adopting sensible regulations for the provision of medical cannabis distribution.
By doing so, the well-organized activists noted that the Commission would be fulfilling an explicit mandate of the voters (by virtue of Proposition 215) to provide a mechanism for safe and affordable access to medicine for all who need it.
Medical cannabis dispensing collectives are a community-based solution that satisfy the need for safe access to medicine. Most of California’s legal medical cannabis patients rely on the dispensaries for safe access to doctor-approved marijuana which treats the symptoms of AIDS, cancer, multiple sclerosis, chronic pain, and other serious life-threatening illnesses.
After considerable discussion, the Malibu Planning Commission rejected the recommendation by city staff to ban medical cannabis collectives outright, and asked staff to return with a proposal to regulate facilities in the city at a later date.
At the hearing on Tuesday - the Commissioners heard from patients, a doctor, and attorneys for PCH Collective (one of two collectives operating in Malibu under the terms of the city's two-year-old moratorium).
In support of his arguments, the attorney for PCH Collective submitted a petition with almost four hundred signatures calling for regulations instead of a ban, which obviously mustered up some sympathy.
But, the Commission also thoroughly reviewed the issues.
Mr. Duncan informed me that several of the commissioners questioned him about regulations in other cities, conflicts with federal law, sales tax, and other pertinent details.
In spite of the fact the dispensary issue has been hotly debated in California in recent weeks in the wake of DEA raids, no one in attendance from the public, according to Duncan, was in favor of the ban.
Unfortunately, one of Commissioners suffered a negative experience in recent days which was openly discussed at the hearing.
In her testimony, she alleged that she and her family were shopping in an establishment in Malibu one day when they became overcome by cannabis smoke leaking through the walls from a dispensary adjacent.
In support of her claims, staff from the establishment she was patronizing, noted for the record that the "pot dispensary" (which only accepted cash) was frequented by young people.
Although they complained to the Sheriff's department about the problem, allegedly no action was taken.
Unfortunately, owners of the collective did not appear at the hearing to defend themselves against any of the allegations.
The Commissioners debated the issues at length and then settled on a motion calling for strict regulations based on an ordinance recently adopted in another city which appeared to be reasonable under the circumstances.
After debating the need to prevent a proliferation of collectives while preserving competition to keep prices in check, the Commissioners agreed to allow three collectives to operate in Malibu.
It is unclear how quickly staff will return a recommendation for an appropriate ordinance, but the city's moratorium expires on June 25.
The Commissioners, the members of PCH Collective and its owner, Mr. Duncan, and all the supporters who showed up to fight the good cause are to be commended for making a strong professional showing at the hearing which garnered positive results.
Community activism can make a difference!
"A person's true wealth is the good he or she does in the world"
Muhammad
