Allowing Medical Marijuana Collectives will make Encinitas Less Safe
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 Encinitas, 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.
Medical Marijuana Dispensaries don’t “fit” with the character of Encinitas
There are cancer patients suffering with the side of effects of chemotherapy and radiation therapy in every town, in every neighborhood. There are hospice patients struggling to control their pain in their final days, while trying to be present with their families. There are epilepsy patients, AIDs patients, and others struggling with severe chronic pain. They are our mothers, fathers, friends and neighbors. And they deserve access to all medication that can help their conditions, including marijuana. They deserve this access in a safe, respectful environment, where they can review their options, at their own pace with knowledgeable staff. This is the environment that only a storefront dispensary can provide. If we cannot accommodate our ailing ones in our own community, then where? Compassion and dignity fits perfectly with the character of Encinitas.
Allowing Medical Marijuana Dispensaries Will Make It More Accessible to Our Children
No one wants children to have access to marijuana, for this reason the initiative 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.
This Will Come at a High Financial Cost To The City
The initiative includes cost recovery fees to mitigate any costs associated with the permitting and monitoring of medical marijuana dispensaries.
The Federal Government Will Never Allow It (Just look how they shutdown San Diego City)
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 Encinitas City establishes explicit zoning for collectives, local authorities will have no legal authority to pursue collectives under municipal law, and since local authorities operate under municipal, not federal law, medical marijuana collectives cannot be prosecuted by local officials.
We Will Be Denied Federal Grants and Encinitas City Officials Will Be Prosecuted
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 Encinitas, 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.” (21 U.S.C. § 885(d))
There is no factual basis for these claims. It is an empty threat that goes directly against federal law.