Although voters across the state voted to legalize marijuana for recreational purposes in November, cities are still debating what to allow beyond California Proposition 64, which among other things lets anyone older than 21 smoke marijuana and grow up to six marijuana plants inside a residence.
To give Milpitas City Council time to put a permanent ordinance in place regulating marijuana use in the city, the council on Jan. 17 unanimously approved an interim urgency ordinance which bans marijuana dispensaries from setting up shop in Milpitas and prevents marijuana from being grown outdoors for 45 days.
I can indicate to you that we had an inquiry at the planning level for fairly big businesses with people who have Ivy League graduates on their board of directors, Milpitas City Attorney Christopher Diaz told the council prior to its vote. So there is a concerted effort to financially see this kind of business thrive. Seeing those indications that there are people who want to set up shop within the city, my task is to come to you to figure out what you as a city council would like to do with regard to recreational marijuana in this city.
At the same meeting, the council also approved an ad hoc subcommittee comprised of Councilmen Anthony Phan and Bob Nunez to work with city staff to solicit public input on what sort of regulations should be set in place.
Diaz said he will return to the first city council meeting in March to ask the council to extend the ban to allow the council enough time to decide what it would like to do. Diaz told the council that state law allows emergency ordinances to be in place for no more than 10 months and 15 days.
An emergency ordinance voted by the previous city council last year, which expired on Jan. 30, allowed the city to ban cannabis dispensaries and the manufacturing, cultivation or delivery of marijuana in the city. Former mayor Jose Esteves took it one step further in asking that under the delivery aspect of the ordinance which allows commercial marijuana delivery companies to get pot to city residents who have medical marijuana cards Milpitas streets could not be used for the transport.
With the expiration of the citys previous emergency ordinance, Diaz said it was important for the city to at least maintain the status quo until it decided what action it would take.
Following the passage of Proposition 64, adults ages 21 and older can possess 28.5 grams of marijuana, up to 8 grams of marijuana in the form of concentrated cannabis, can legally grow six marijuana plants and also set up marijuana retail services pending the states issuance of licenses. The state is expected to start issuing licenses in 2018, according to Diaz.
Moreover, Diaz explained that Proposition 64 allowed local government to ban all marijuana-related businesses (including dispensaries, delivery services and marijuana retail services), ban outdoor cultivation and reasonably regulate indoor cultivation in private residences (it cannot ban indoor cultivation).
Vice Mayor Marsha Grilli raised her own concerns about the ad hoc subcommittee turning to consultants to aid the process, instead of relying on the city attorney and community input.
I would like to see it go to the community and the school district, Grilli said.
During public comment, Milpitas resident Michael Tsai said that in light of the councils recent decision to extend the citys smoking ban to outdoor dining areas, it should institute a policy consistent with putting Milpitas families first, a slogan Mayor Richard Tran had run on in last years mayoral campaign.
Tran and Phan both said they voted in favor of Proposition 64, while Grilli, Nunez and Councilman Garry Barbadillo voted against it.
News Moderator: Katelyn Baker
Full Article: Milpitas – Council Approves Emergency Marijuana Use Ban
Author: Aliyah Mohammed
Contact: 408-920-5000
Photo Credit: Patrick Tehan
Website: The Mercury News
