The federal government opposes medical marijuana, but without the support of local municipal officials they cannot shutdown medical marijuana dispensaries
In San Diego City, the federal officials coordinated with the office of the City Attorney, while the federal officials sent threatening letters to landlords (none of which were ever acted upon), these letters lead only to the closure of only approximately 30 dispensaries. The San Diego City Attorney sued over 130 collectives for being out of “Zoning Compliance”, since there were no zones explicitly established for medical marijuana collectives. This code enforcement what actually closed the collective.
If Del Mar City establishes explicit zoning for collectives, local authorities will have no legal authority to persue collectives under municipal law, and since local authorities operate under municipal, not federal law, medical marijuana collectives cannot be prosecuted by local officials.
This is unfortunate false hysteria from certain City Councilmembers opposed to our ordinance. Over 40 cities in California and the County of San Diego have regulation, similar to that proposed in Del Mar, regulating medical marijuana dispensaries. No city or county has ever been denied a federal grant. No city or county official has ever been prosecuted.
In fact, FEDERAL law states:
"no civil or criminal liability shall be imposed ... upon any duly authorized officer of any State, territory, political subdivision thereof, the District of Columbia, of any possession of the United States, who shall be lawfully engaged in the enforcement of any law or municipal ordinance relating to controlled substances."
There is no factual basis for these claims. It is an empty threat that goes directly against federal law. (see attached article from Alex Kreit)
Regulation and Oversight of a Controlled Substance or any drug does not make the community “Less” safe. Currently, there are NO rules governing the distribution of medical marijuana in Del Mar, so the city is not monitoring that it is done in accordance with state or local law. By mandating local oversight, we make the community safe.
Moreover, the initiative includes significant safety requirements to guarantee the safety of medical marijuana dispensaries for patients and the public. They include: Alarm Systems, Security Cameras, Security Guards, Bolted Safes and proper lighting.
No one wants children to have access to marijuana, for this reason Prop. H restricts access to minors.
A medical marijuana dispensary would not be allowed to give medical marijuana to a minor without their parent present. (There are valid uses of medical marijuana in youth in extreme cases, including severe epilepsy and muscular degenerative diseases, for this reason, it could not be prohibited completely. )
A medical marijuana dispensary must card their customers, verify that they are adults with valid doctors recommendations, or they will lose their operating permit. They are not allowed to distribute any substance besides marijuana.
Currently, patients are forced to go to unlicensed drug dealers. Drug dealers do not check IDS, do sell to minors and have other more dangerous more addictive drugs to offer children.
Medical marijuana dispensaries displace dangerous drug dealers.
The initiative includes cost recovery fees to mitigate any costs associated with the permitting and monitoring of medical marijuana dispensaries.