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Imperial Ban

On July 7, inside Imperial Beach council chambers, Mayor Jim Janney and councilmembers Lorie Bragg, Patricia McCoy, Jim King, and Diane Rose will go on record, responding to a June 7 San Diego County Grand Jury report regarding the Grand Jury recommendations that the 18 municipalities in San Diego County create regulations, adopt land-use ordinances, and rescind any moratoriums on the operation of medical marijuana dispensaries within their jurisdictions.

All cities in San Diego County are required to agree or disagree to the Grand Jury's recommendations within 90 days. Any city that disagrees with the findings are obligated to provide an explanation for their opposition.

The city of Imperial Beach — at least city manager Gary Brown — needed only 30 days to respond.

In a letter to Imperial Beach city councilmembers, Brown claims that the Grand Jury's findings are "not reasonable."

"The grand jury's report comes at an unfortunate time for local governments in general and for Imperial Beach in particular," reads Brown's letter to city councilmembers. Brown claims that federal laws prohibiting the sale or possession of marijuana contradict the city and state medical marijuana laws. Hashing out those differences, reads the letter, leaves cities left to "operate in a thicket of legal uncertainty."

Brown's letter is laced with several objections to the Grand Jury's findings, including a pending court case in Anaheim that concerns the land use authority that municipalities have over dispensaries and a November ballot measure aimed at legalizing the use and sale of Marijuana in California. Until those opinions and outcome to the initiative are heard, writes the city manager, Imperial Beach would be acting in haste by establishing regulations for medical marijuana dispensaries.

Regardless of the outcomes, "The City would still need to pass an ordinance, and if the ordinance regulates land use, it may need to seek approval from the Coastal Commission. And if taxes are involved, the City may need voter approval."

Regarding the moratorium enacted by I.B. city councilmembers last year, Brown determined that since the Grand Jury failed to interview any residents of I.B. and did not ascertain that "anyone in Imperial Beach is a legitimately qualified medical marijuana patient," there is no evidence that residents had difficulty getting their prescriptions filled.

"Additionally," added Brown's letter, "Imperial Beach residents could likely obtain medical marijuana in other locations." Though, not in the neighboring cities of Chula Vista or National City, which have also established moratoria on opening and operating medical marijuana dispensaries.

The Imperial Beach City Council will spark up the issue at Wednesday's council meeting at 6 p.m.

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On July 7, inside Imperial Beach council chambers, Mayor Jim Janney and councilmembers Lorie Bragg, Patricia McCoy, Jim King, and Diane Rose will go on record, responding to a June 7 San Diego County Grand Jury report regarding the Grand Jury recommendations that the 18 municipalities in San Diego County create regulations, adopt land-use ordinances, and rescind any moratoriums on the operation of medical marijuana dispensaries within their jurisdictions.

All cities in San Diego County are required to agree or disagree to the Grand Jury's recommendations within 90 days. Any city that disagrees with the findings are obligated to provide an explanation for their opposition.

The city of Imperial Beach — at least city manager Gary Brown — needed only 30 days to respond.

In a letter to Imperial Beach city councilmembers, Brown claims that the Grand Jury's findings are "not reasonable."

"The grand jury's report comes at an unfortunate time for local governments in general and for Imperial Beach in particular," reads Brown's letter to city councilmembers. Brown claims that federal laws prohibiting the sale or possession of marijuana contradict the city and state medical marijuana laws. Hashing out those differences, reads the letter, leaves cities left to "operate in a thicket of legal uncertainty."

Brown's letter is laced with several objections to the Grand Jury's findings, including a pending court case in Anaheim that concerns the land use authority that municipalities have over dispensaries and a November ballot measure aimed at legalizing the use and sale of Marijuana in California. Until those opinions and outcome to the initiative are heard, writes the city manager, Imperial Beach would be acting in haste by establishing regulations for medical marijuana dispensaries.

Regardless of the outcomes, "The City would still need to pass an ordinance, and if the ordinance regulates land use, it may need to seek approval from the Coastal Commission. And if taxes are involved, the City may need voter approval."

Regarding the moratorium enacted by I.B. city councilmembers last year, Brown determined that since the Grand Jury failed to interview any residents of I.B. and did not ascertain that "anyone in Imperial Beach is a legitimately qualified medical marijuana patient," there is no evidence that residents had difficulty getting their prescriptions filled.

"Additionally," added Brown's letter, "Imperial Beach residents could likely obtain medical marijuana in other locations." Though, not in the neighboring cities of Chula Vista or National City, which have also established moratoria on opening and operating medical marijuana dispensaries.

The Imperial Beach City Council will spark up the issue at Wednesday's council meeting at 6 p.m.

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San Diego Americans for Safe Access put out a news breif about this issue last week, see the News Brief video here. http://www.vimeo.com/13051299

Additionally, San Diego ASA is encouraging county residents from all 17 municipalities who are concerned about safe access in their own community to be at the Imperial Beach City Hall located at 825 Imperial Beach Blvd. at 6pm July 7th to send a strong message back to their community leaders in hopes that their community leaders will respond in a supportive way to the Grand Jury’s recommendations.

For more information please call; 619-303-1918 x13

July 6, 2010

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4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
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