Joint decision: Planning Commission passes marijuana
law to S.P. City Council
December 23, 2015
By Peggy Kelly
Santa Paula News
The Planning Commission is helping the City Council to beat the clock on pending law that would give the state local rights over the regulation of commercially sold and grown marijuana.
The commission met in a rare Friday session to consider the new ordinance that would make the sale, cultivation and delivery of medical marijuana illegal in Santa Paula, adding more muscle to the present code, which only addresses the use of any building or real property for cannabis sales or cultivation. The new law — which would have to be approved by the City Council — would prohibit all commercial cannabis activity, mobile marijuana dispensaries, and cultivation and delivery of marijuana within the city.
Assistant City Attorney Gregg Kettles told the commission that, “due to new state legislation, the city has a limited amount of time to enact the ordinance,” before the law takes effect March 1, 2016. If the city does not act the state would have sole authorization for licensing.
He gave a history of cannabis laws including the 2003 state medical marijuana law; federal law is stricter and marijuana remains listed as a controlled substance.
Commission Chair Gail “Ike” Ikerd asked for the definition of dispensing as it applies to cannabis sales and was told it includes mobile deliveries, such as Kettles noted, “A food truck...”
Commissioner John Demers said he’s seen young people, primarily males, obtain seemingly unlimited amounts of marijuana for non-medicinal use.
“It’s not the kind of business I’d like to see operating in my city. The temptation and the availability is just too much of a draw,” said Demers, And, “Until the state gets serious about regulating and controlling these so-called dispensaries, it’s really not the kind of activity I want to see in this city.”
Two public speakers questioned banning the delivery of cannabis for those with a legitimate medical need.
Robert Curtis told commissioners he has been a city resident since 1980.
“I think everybody on this panel knows someone who is using,” medicinal marijuana properly which Curtis, who said he is a cancer sufferer, also relies on.
A wheelchair user Curtis said even if there was a location where he could pick up cannabis in Santa Paula he would be unable to and he relies on “discreet” delivery service, which would be banned under the updated code.
Marie Alcantar, a Santa Paula resident for 44 years, said she suffers from several serious and highly painful health issues, including Crohn’s disease and autoimmune disease.
After becoming addicted to prescription pain pills Alcantar said she switched to medical marijuana, without which she could not function.
“…that’s my medication, that’s how I survive,” she said, her voice shaking with emotion. “Without the marijuana, I feel like I’m sitting on a washing machine that’s going 100 miles an hour, constantly vibrating,” with pain and distress.
Alcantar said she was initially opposed to medical marijuana but now is an advocate, noting “It works wonders for cancer patients…”
Commissioner Mike Sommer said there is already a ban in place: “We’re not stopping anything. What you’re doing right now is illegal in the city. We’re just continuing the process.”
Demers said he is sympathetic to those with legitimate medical needs but “The state has to get serious about regulating,” medicinal marijuana before the city would be involved.
Demers, Ikerd and Sommer voted in favor of the resolution that will now go to the City Council. Vice Chairman Fred Robinson and Commissioner Fred Wacker were absent from the meeting, reportedly because they underwent surgeries.
