City Council to Weigh Repeal of Medical Marijuana Restrictions

The San Diego City Council on Monday is scheduled to consider repealing recently approved medical marijuana restrictions or putting the issue to a public vote.

The item is set for the Council's 2 p.m. meeting.

The restrictions, approved in April, require collectives to be at least 600 feet from residences, schools and other so-called sensitive areas. Operators also must apply for a pricey permit. The new rules came just as the MediBloom medical marijuana dispensary opened in Rancho Bernardo on Avena Place, drawing the ire of nearby business-owners and some residents.

But soon after the restrictions were approved opponents began collecting signatures to force the City Council to repeal or put to a public vote the new rules. The petition, submitted to the City Clerk on May 27, contained more than 44,000 signatures, of which just over 31,000 were needed for the petition to qualify. Since then, the restrictions have been suspended until the issue is resolved.

On July 12, the Registrar of Voters verified that at least 31,029 signatures—the basic criterion—were valid. The City Clerk's office then sent a memo to Mayor Jerry Sanders and the City Council informing them that the petition qualified for submission. The office is expected to officially present the petition to the City Council at Monday's meeting.

The City Council then has 10 days to reconsider the restrictions, which members are expected to do Monday. If the ordinance is not repealed in that time frame, the Council then has another 10 days to direct the City Attorney to prepare an ordinance calling a special election. The public vote also can be consolidated with a citywide election held within 11 months, which would be the one set for June 5, 2012.

The City Clerk's office estimates that a standalone special election for the 10-page ballot measure would cost between $3.1 million and $3.7 million. Putting the measure on the June 5 ballot would cost between $748,000 and $841,000, according to estimates.

The pushback against the restrictions is a sign of support for medical marijuana in San Diego, Lance Rogers, the attorney representing MediBloom, told Patch the day after the petition signatures were verified.

"There is considerable community support in favor of medical marijuana dispensaries and the people of San Diego have cast their vote—literally—in support of medical marijuana dispensaries," said Rogers, an attorney with Lake APC.

"It's our position that the community of Rancho Bernardo is also in full support of MediBloom's operation and MediBloom intends to continue serving the patients of Rancho Bernardo," Rogers said.

City News Service contributed to this report.

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