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Various Authors 6:38 p.m., Sept. 24
Prop H is about compassion for patients with oversight for the City of Del Mar.
Prop H will allow severely and terminally ill patients of the City of Del Mar to access medicine that will alleviate their pain and suffering. It allows the City to conduct total oversight to ensure the lawful and safe operation of a very limited number of dispensaries. City officials will be allowed to inspect dispensaries at any time, monitor their operations to ensure complete compliance with state law and enforce safety requirements contained in Prop H. These important safety requirements include security cameras, alarms, guards and the requirement that no visible representations of medication can be seen by the public.
An impact report is meant to be an impartial analysis to aid voters. Unfortunately, members of the Del Mar City Council chose to create a bias propaganda piece filled with half-truths and misrepresentations meant to influence the voters of Del Mar to vote against Prop H. The impact report has served only as opposition research for Prop H opponents.
Opponents claim that up to six dispensaries would be possible under the ordinance. This considers all possible locations rather than the probable or realistic number of locations for dispensaries. The reality is that under the ordinance the probable maximum number of dispensaries ever to be located in the city of Del Mar is two. The report included possible locations regardless of existing use such as on top of hotels, like the Hotel Del Mar, and city buildings, such as City Hall. Realistically, this ordinance would result in only one or two dispensaries ever to exist to serve Del Mar patients.
Opponents claim that City employees could potentially be prosecuted for implementing the regulations under Prop H. Federal law clearly states that “no civil or criminal liability shall be imposed … upon any duly authorized officer of any State … who shall be lawfully engaged in the enforcement of any law or municipal ordinance relating to controlled substances.” Additionally, State law allows the regulation of medical marijuana dispensaries. Both State and Federal laws protect any city employees from prosecution while enforcing or implementing regulations under Prop H so this claim by opponents is brazenly false.
Opponents claim that Prop H would allow felons to operate dispensaries, but nothing is farther from the truth. While state law does not impose any restrictions on who can operate a medical marijuana dispensary, Prop H creates restrictions. Under Prop H serious felons could not operate dispensaries within seven years of their conviction. This is a limitation, not an allowance.
Opponents claim that dispensary permits could not be revoked. This is also completely false. Prop H allows the city to revoke or suspend operating permits to dispensaries at any time. Therefore, operating permits can be revoked or suspended immediately when a dispensary is found to be in violation of any of the strict operational and safety standards contained in the ordinance.
Janneke Lang, Del Mar
Find out more about Del Mar's Proposition H and other medical marijuana ballot measures at www.RegulateCannabis.org