In an unexpected legal maneuver, San Diego’s City Clerk has postponed the announcement of whether or not the Citizens For Patient's Rights (CPR) petition to overturn the ban on San Diego's cannabis collectives qualified. Citing state law - rather than complying with their own municipal code - the City Attorney's office has determined that the clerk has an additional 30 working days to tally the necessary 30,129 signatures.. An announcement from the clerk is now expected in mid-August. After the verification, and if the ordinance is not repealed, this delay benefits the City's position by pushing any vote on this issue into the June 2012 primaries – as opposed to forcing the city to finance a $3 million stand-alone election on the issue - a distinct possibility if the city had followed the local code. Given that CPR turned in over 15,000 more signatures that necessary, the qualification of the petition is not in doubt.
The CPR along with the Patient Care Association, have consulted with attorneys and their opinion is that given the constricted time frame of 30 days any legal action against this delay would be moot by the time a court decision was rendered.
The CPR's position, remains
the same: When the signatures are verified, we respectfully urge the
San Diego City Council to rescind the March 2011 land use ordinance. If
rescinded, the City Council has a second chance to not only create a new
land use ordinance that respects the rights of patients to safe access
but also work with the city's medical cannabis collectives to provide
clear guidance fifteen years after the passage of the Compassionate Use
Act. The CPR and the PCA look forward to the day when patients' rights
are protected and the collectives can operate in a clearly defined