Politics & Government
Delay Requested for Napa's Pot Club Plan
The city attorney has asked the council to impose a 45-day moratorium on the process of approving a medical marijuana dispensary.
Napa's progress toward approving a dispensary for medical marijuana is likely to be slowed by at least a month and a half if city council members agree to a request by city attorney Michael Barrett.
At Tuesday evening's council meeting, Barrett will ask the council for a 45-day moratorium on the ordinance allowing the city to identify and approve a medical pot club.
But that 45 days could stretch into a year or even indefinitely, according to Barrett's agenda letter to the council (also attached to this article):
Find out what's happening in Napa Valleywith free, real-time updates from Patch.
(S)taff intends to notice a public hearing for the November 15, 2011, which will: (1) recommend an extension of the Moratorium for an additional 10 months and 15 days, and (2) establish a schedule to return to Council with potential substantive amendments to Ordinance O2010 12.
Citing a recent state appellate court decision that a Long Beach ordinance allowing medical pot clubs is pre-empted by federal law, Barrett writes
Find out what's happening in Napa Valleywith free, real-time updates from Patch.
Under federal law, marijuana is deemed to have no accepted medical use, and it is illegal to manufacture, distribute, or possess marijuana.
Under State law, the California voters approved Proposition 215, and the State Legislature adopted implementing legislation, to decriminalize the possession and cultivation of medical marijuana for limited personal medical purposes.
Cities which have attempted to closely follow federal law, and which have adopted ordinances banning medical marijuana dispensaries, have faced legal challenges that the ban is in conflict with State law (such as a State trial court ruling overturning a Rancho Mirage ban ordinance on October 3, 2011).
On the other hand, cities which have adopted ordinances that permit and regulate medical marijuana dispensaries, in an effort to implement the will of the voters who approved Proposition 215, have faced legal challenges that the regulatory ordinance conflicts with federal law (e.g., Long Beach).
The council will take up Barrett's request at its 6:30 p.m. public session Tuesday in City Hall.
See the complete agenda, with links to supporting documents, at http://www.napa-ca.gov/sirepub/pubmtgframe.aspx?meetid=105&doctype=agenda
