In a move to get the jump on the potential legalization of marijuana if a November proposition is approved by voters, the Solvang City Council adopted an interim urgency ordinance essentially banning the drug from within its boundaries.
The Solvang Municipal Code already prohibited medical marijuana dispensaries and cultivation, whether for personal or commercial use, throughout the city, although it allows the delivery of medical marijuana to qualified patients under the Compassionate Use Act.
But on a unanimous vote, the council approved an ordinance that prohibits the manufacturing, processing, laboratory testing, labeling, storing and wholesale and retail distribution of cannabis.
City Attorney Roy Hanley noted state law allows a city council to adopt a moratorium on anything as an urgency or regular ordinance without the usual process of first and second readings if necessary to protect the public health, safety or welfare and provided its approved with a four-fifths vote.
The urgency ordinance took effect as soon as it was adopted Sept. 26 and will expire in 45 days from that date, although with a public hearing, the council can extend that for 10 months and 15 days, then can extend it again for a year, with a four-fifths vote.
Only two extensions are allowed, and 10 days before it expires, the council must issue a report describing the measures taken to alleviate the condition which led to its adoption, Hanley said.
The urgency ordinance was recommended by Hanley to preserve the status quo in case Proposition 64 is approved by voters in the November election.
It will also give the council time to study the issues of medical and recreational marijuana use, then direct staff to develop a comprehensive ordinance regulating the drug.
Proposition 64, an initiative that would legalize marijuana use for those age 21 and older, would establish a bureau to regulate, license and tax marijuana growers and distributors.
Hanley said the Public Policy Institute of California reported in May that 60 percent of the states voters favor the passage of Proposition 64.
He noted some portions of the initiative – recreational use by adults and cultivation in private residences – could take effect the day after the election.
If approved by voters, it would require the city to revise the Municipal Code to bring it into conformance with state law and to devise a system to regulate and tax the industry.
Hanley noted the city was not required to take any action and could not only decide not to approve the ban but could choose to regulate and tax marijuana.
But the council agreed that time was needed to study the implications of Proposition 64 and allow the Community Development Department to develop a permanent zoning ordinance.
News Moderator: Katelyn Baker
Full Article: Solvang Bans Marijuana Use With Urgency Ordinance
Author: Mike Hodgson
Contact: (805) 925-2691
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Website: Santa Maria Times
