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City Council Orders Impact Report on Medical Marijuana Dispensaries

The council also voted unanimously to draft a competing measure for the November ballot.

A soccer mom was one of more than a dozen advocates of medical marijuana to put a face on the hot-button issue Tuesday night as the Lemon Grove City Council considered a local ballot initiative to allow dispensaries to open in the city.

Following the recommendation of both City Manager Graham Mitchell and City Attorney Jim Lough, the council opted to study the measure and voted 5-0 to order a report on the legal, financial, economic and land use impacts of dispensaries, which operate as commercial cooperatives, on the city.

The report is expected to be presented to the council at its Aug. 7 meeting.

In addition, the council voted unanimously to appoint councilmen Howard Cook and Jerry Jones to a subcommittee that will assist with drafting a competing measure for voter consideration on the November ballot.

Under the election code, the council has three options to act on the proposed initiative— adopt the ordinance as written, put the measure on the November ballot, or order an impact report. Lough introduced the fourth option of developing a competing measure—such as one that might ban medical marijuana dispensaries from the city for a certain period of time.

Council members listened closely as supporters and opponents of the proposed ordinance offered impassioned testimony on the matter.

Silvia Gutierrez, a Rancho Penasquitos mother who was active in youth soccer before an accident left her with life-threatening injuries, told the council prescription pain killers rendered her unable to enjoy time with her son.

Not only has medical marijuana improved her quality of life, it’s also help her lose 50 pounds—and that might give her a chance for surgery that could save her life, she said.

Citizens for Patient Rights spearheaded the petition drive, which collected the 1,206 valid signatures required to put the measure on the ballot for voters. Lemon Grove is among by the organization’s expansion effort in the wake of a massive federal crackdown that closed commercial cooperatives in the county last year.

While California voters approved the use of marijuana for medical purposes in 1996, possession or sale of the drug remains a federal crime. In question is whether the state’s medical marijuana industry is at odds with the federal Controlled Substances Act, which prohibits the sale and distribution of cannabis.

Mayor Mary Sessom was concerned about the financial strain the matter could create for the city.

“I don’t care if a dispensary goes into Lemon Grove or not,” Sessom said. “But I do care if it impacts our general funds.

“There are tons of (dispensary) cases in the California Supreme Court right now and I don’t want to be another test case, because we can’t afford it.”

In an email to the mayor, campaign coordinator Cynara Velazquez estimated Lemon Grove has the potential for no more than 10 dispensaries that would serve a market of about 1,600 patients and caregivers who live in the city. More could come from nearby communities, including an estimated 1,500 patients from Spring Valley, and 3,000 patients from La Mesa—though the group has a petition effort going there, which would allow dispensaries to serve that market if it’s qualified for the ballot and passed by voters.

Opponents of the proposed measure cite concerns about violent crime, the ease of obtaining medical marijuana for recreational use—especially among young people—and the legality of dispensaries.

Dean Scott, an Oceanside resident who does business locally, was among five opponents to address the council.

“I’m angry the pro-pot lobby has moved into Lemon Grove,” Scott said. “It’s clear that this pot shop initiative is a Trojan horse. The legality needs to be challenged in court before Lemon Grove wastes its time and money.”

The measure calls for limiting medical marijuana dispensaries to retail and industrial zones. Other provisions include a 600-foot buffer from schools and playgrounds, a 1,000-foot buffer between dispensaries, and signage limitations. Using medical marijuana at a dispensary is prohibited. Each operation would be required to have a community liaison to work with the city.

The city would also collect a 2.5 percent sales tax, which is expected to generate nearly $100,000 in revenue.

The council focused on the action it needed to take on the proposed measure, but sensitivity to the issue was also raised. Councilman Howard Cook said he knows people who need to use medical marijuana.

“It’s very hard for us to sit up here and decide what’s good for people, and what’s not good for people,” he said. “That’s for voters to decide.”

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Lemongrovelocal July 21, 2012 at 02:08 am
I feel a migrane coming on...All joking aside, I agree with you Alan, there is no need for 10 dispensaries in Lemon Grove or any city.
I was the one who posed the question - why can't pharmacies dispense medical marijuana just like any other prescription drug? It might just solve this silly issue of whether or not to allow dispensaries in the city and save the City time and money.
James Davis July 21, 2012 at 12:23 pm
The rules and regulations for pharmacies are very tight and have both federal and state implications. Federal trumps state law so... you can probably see where this is going.
The dispensaries skirt around the legality of distribution depending which city has even decided to create or establish zoning for from what I understand. Its really the issue that no one wants to deal from what I have read because it costs cities money etc :) What the council decided on was the wisest 'next step.' It gets the mundane technicalities out of the way and actually weighs pros and cons. While these reports are not the end all be all, they should be objective enough for voters to make informed decisions. I agree with the Mayor. I could care less whether or not dispensaries are here but the people signed for it to be on a petition and I dont think its the job of the Council or city to play the role of moral hazard judge if this is what their constituents want by law. Lets see what happens when the reports come out for the voters to decide whether you agree or disagree with who needs weed and why. Defending or pushing the pros and cons of weed is not the real issue here locally. The Dispensary is. My point is, enjoy the summer, wait for the report to come out or this really an issue that hits home, at least get enough subjective data to back up an opinion and go to city council when its time to state a case.
Brash Brazen July 21, 2012 at 02:02 pm
Wrong again Alan,doctors in San Diego County issue that many recommendations every week ! 10 dispensaries seems like a lot,but like any other business if there aren't enough patients to support them they'll close. Demand determines the number of viable dispensaries & competition is good for consumers. There are hundreds of thousands of people who meet the requirements to become cannabis patients under the California Compassionate Use Act (1996),it's the law not a sham. San Jose has over 100 medical marijuana dispensaries & it hasn't had any measureable adverse effect on crime or the quality of life there,why would Lemon Grove be any different ? With 78% of Americans now supporting medical marijuana the Feds will have to capitulate to the will of the people & the anti-marijuana zealots are about to lose there last ally ! State law is clear medical marijuana & storefront dispensaries are legal & obstructing their operation is illegal ! If the California Supreme Court makes it's final rulings in the medical marijuana appeals before it (cities appealing Appellate Court rulings against them) before the election this measure may not be necessary afer all. Marijuana will be legal eventually & legalization is ahead in the polls in Oregon & Colorado where they'll vote on it this November. But the issue here is "safe & legal access" for cannabis patients in Lemon Grove & the patients & dispensaries are only insisting that the present state law be enforced,nothing more & nothing less !
Alan Carlson July 21, 2012 at 02:05 pm
The dispensaries skirt around the legality of distribution... My point exactly. And where do the dispensaries get the pot they sell? It is not legal to cultivate for distribution. And from what I have read it is purchaced on the street and then sold at an inflated price, capitalism at work. And I thought the pro pot lobby was anti establishment. And when Oregon and California tried to legalise pot who was against it the growers and dealers because it would lower thier profits. Also it looked like almost 50% of the signatures were not valid, typical people on the fringes are not registared to vote and generaly contribute nothing to society only take from those that produce then whine about not getting enough for free. What is next vouchers for free medical pot at the tax payers expence. Will they accept WIC's?
Alan Carlson July 21, 2012 at 02:16 pm
What do you expect in San Jose, look up the facts the bay area has 50 times more "patients" what do you expect from the liberal paridise. How can there be that many recomendations a week if there are no dispensories around? the majority have been shut down. Just go buy your weed on the street or grow it in your back bedroom and stop the farse. Put the real issue on the ballot (again) and try to get it legalized for what you really want, recreational use. Stop the sham and admit what you want.
Brash Brazen July 21, 2012 at 02:20 pm
The 236 "cards" you refer to in 2009 are county issued cards which the state requires each county to issue. This program puts your name into a data base which is accessible by state & local law enforcement. Since a state issued card indicating that you have a doctor's recommendation isn't mandatory,most patients opt for a card issued by the doctor or clinic where they were examined instead. Since medical marijuana patients can be fired for using it when they're not working most intelligent people avoid asking their employers health plan doctors for a recommendation. This is why no one actually knows how many medical marijuana patients there are in California now. Conservative estimates say that there are easily a million patients in California with thousands more becoming patients daily. Lemon Grove has been defying state law for 16 years & we're not going to allow them to get away with it any longer ! Marijuana it's not just for breakfast anymore !!!
James Davis July 21, 2012 at 02:25 pm
Alan this is about dispensaries in Lemon Grove. So far everything you have made a concerted effort about proving your own points on everything except that single topic.
Its pretty entertaining actually :)
Alan Carlson July 21, 2012 at 02:37 pm
thanks I try. but seriously it is all connected. I would be in favor if it were legit but it is not. I hate to see what Lemon Grove has become. My father built a house her in 1950 I have lived here all my life, do we really want it to become the North park of the 80's or the El Cajon of the late 90's. both are trying to return to being a palce that people want to live not urban blight. As I said I agree with there decision to do a study AND I signed the petition to put it on the ballot. I am trying to convey common sense unlike the pro-pot lobby with thier alterior motives.
Brash Brazen July 21, 2012 at 02:45 pm
There is no correlation between the number of dispensaries & the number of patients who seek a doctor's recommendation. Many patients who get recommendations do so for the legal protection they provide,have their own source of medication & never join a dispensary ! So while a lack of "safe & legal access" makes acquiring marijuana difficult for some patients,it has had no effect on the vast numbers of new patients every week. Anybody looking for an illegal source of marijuana need look no further than their neighborhood bar. Order a drink,wait fifteen minutes or so & follow your nose out to the parking lot or around back & you'll find someone enjoying marijuana ! Anyone who wants to smoke marijuana is doing so now & obstructing dispensaries doesn't keep one person from using marijuana ! This is San Diego County for God's sake,marijuana has it's own subway system here & washes up on the beach regularly ! Face it Alan you don't know what the hell you're talking about & your repugnant rhetoric is falling on deaf ears once again ! The only real question is why do you bore us with your tiresome comments on a subject you obviously know nothing about ?!?
Alan Carlson July 21, 2012 at 02:46 pm
At least I am from the community unlike Brash Brazen who is from the Newark CA in the San Fran bay area with a clear agenda. I am a resident with a legitimate beef with something that affects my home and this liberal socialist just has a legalize pot agenda
Alan Carlson July 21, 2012 at 03:01 pm
wow that is a big paragraph that says abosolutly nothing you must be stoned, number of patients does not equate to number of dispensories, and most people just do it for the legality??? But can be fired for using after work??? how about you worry about your own town and not worry about Lemon Grove.
Brash Brazen July 21, 2012 at 05:11 pm
Cooperative dispensaries can in fact grow,transport,possess & sell any amount of marijuana commensurate with the number of patients they serve ! That's the law,no one is skirting around the legality of distribution ! Although under state law once the marijuana is in the hands of a patient it's legal for them to possess regardless of whether it was acquired legally or not ! Many growers & dealers of illegal marijuana are against legalization because it would cut their profits & put them out of business. Legalization in California was supported by over 46% of "voters" in 2010 & in Lemon Grove 54% of voters were in favor ! Millions of your neighbors who no doubt contribute more to society than you do ! I don't think the taxpayers will be supplying free marijuana ant time soon,but the day will come when it can be deducted on your taxes as a medical expense ! Once again while your ill-conceived & universally rejected opinions,propaganda & observations might influence the gullible & uninformed,greater minds aren't going to allow that to happen ! I'll see you at the first ribbon-cutting when the dispensaries start opening in Lemon Grove,they usually have a gift for new members !
Brash Brazen July 21, 2012 at 05:34 pm
I'm going to see to it that every city in California abides by state law whether that pleases Alan or not ! Alan is under the impression that Lemon Grove isn't bound by the same law as every other city in the state & obviously he's wrong. To allow one community to ban dispensaries would only encourage others like Lake Forest who've spent a million dollars in their ultimately futile attempt to circumvent state law. The Second Court Of Appeals made it quite clear that local bans are "pre-empted" by state law & any attempt to do so is contrary to the will of the voters & Legislature. Neither Lemon Grove or Alan Carlson are above the law & you can be certain that there will be dispensaries in Lemon Grove regardless of how Alan or the City Council feel about the matter ! And as for your crack about liberals it was your conservative Republican Congressman Dana Rohrabacher who added an amendment to a Justice Department spending bill to cut off the funding for federal attacks on medical marijuana dispensaries in compliance with their state law ! Full when it comes to opinions & empty when it comes to facts,Alan is just another clueless crusader who knows absolutely nothing about this subject or the plant he so vehemently hates ! Perhaps Lemon Grove could learn something from San Leandro where the City Council reversed course in light of the recent Appellate Court decisions. Instead of extending their ban they instructed city staff to draft regulations for dispensaries last week !
Jacob132 July 21, 2012 at 06:38 pm
you can generally take the amount of coffee drinkers and then double that number. So if your town has 5 coffee shops, then it could potentially sustain 10 dispensaries. Roughly 5% of the population are patients. When you limit the amount of dispensaries, the remaining dispensaries make more money and have more patients. Its up to you if you want these people going to a legit shop, or continuing to buy from "those guys" on the street corner. Remember "those guys" will sell to anyone, the dispensaries will not.
Jacob132 July 21, 2012 at 06:40 pm
Lemongrovelocal, pharmacies don't have the ability to dispense cannabis because Doctors are merely recommending the patient use cannabis. Cannabis is harmless and requires absolutely no medical supervision. In other words, there is a 0% risk of getting harmed by consuming this substance.
Jacob132 July 21, 2012 at 06:45 pm
ok so, its legal to grow, transport and sell cannabis. Plain and simple, however people like you say that it isn't and therefore dudes with guns come in and take you down. Nothing more complicated than that. If the DA is told, yes this is a good idea, even if its legally ok, the takedown occurs. That being said, this scares the living crap out of the cannabis industry, therefore people in the industry are correct in staying as low key as possible. Long story short, the cops are bigger, badder and have more guns than us. When I got arrested I was told it'd be ok as long as they found some money. So guess what? no money = angry DA = long and drawn out scary criminal case.
Jacob132 July 21, 2012 at 06:47 pm
BTW the growers voted it down because the law was changed to lower your rights as a citizen and subjected the cannabis industry to more arrests. A red herring if you will.
Jacob132 July 21, 2012 at 06:52 pm
You have never been around pot smokers have you? You do know that once you are intoxicated people don't really commit any crimes? The "stoners" tend to sit at home and chill. The average income of pot smokers is something like twice the national household income average as well. Most wear suits to work...or at least ahem blueish type uniforms that usually contain some county or city name. This is seriously common sense. Cannabis <> meth or even beer. Does that make sense? I hope....
Jacob132 July 21, 2012 at 06:53 pm
Good point, people from the bay area have been raised around way too many conservatives to be a good example. That produces a clear agenda.
Alan Carlson July 21, 2012 at 08:50 pm
Wow double the amout of coffe drinkers. Hmmm that is alot of sick people needing pain relief, everyone I drive by on the way to work must be deatly ill and in need of pot to get them through the day. Who knew we Americans were so sickly
Alan Carlson July 21, 2012 at 08:52 pm
They voted it down because it took away more rights??? Could not have been that it would have lowered the price and turned over the profit to legit farmers who had the means to harvest and tranport the product at a lower cost and put htem oput of business
Alan Carlson July 21, 2012 at 08:57 pm
Well it was approved by the voters and it is not for sale here in San Diego anymore and hate to burst your bubble but federal law trumps state law. Blah blah blah. You and I know it is a ruse to sell pot to those who want it. All I am saying is stop the lie. Stop with the end around to get access to it. I garentee that card will do you no good if your employer makes you take a random drug test, or a pre employment drug test. or if you are caught with a bag in your car. The DA is not going to care unless you live in San Fransisco
Jacob132 July 21, 2012 at 09:37 pm
we are the fattest and sickest. BTW, you don't have to be currently dying or have AIDS to benefit from MMJ. I have severe depression when I don't smoke. Also I get sever heart burn after 2 days without as well. These issues came about in my childhood and were solved in my adulthood after thousands and thousands of dollars this gastroenterologist pulled me into a room and was like...dude just smoke a joint. Boy was he right!!!! Changed my life forever. Now I am 31 and have had over 10 years of no depression, well not severe depression.
Jacob132 July 21, 2012 at 09:41 pm
There are lots of companies whom ignore the THC positive results. You'd be surprised which companies... A large local utility companies, several cites that I know of, a couple of counties, certain local SD high tech firms.... You don't even need your recommendation to have them ignore your results. To be honest, I do just want to smoke weed, not all day, but everyday...why? to get stoned.
LemonGroove July 22, 2012 at 01:39 pm
For God's Sake we are such Puritanical hypocrites!
If it helps someone's pain, by all means, if it's not Oxycontin, let them have it!! I am saddened that they would vote to put out an opposing measure, but actually, noting their age, not surprised. We are not the most open minded here in Lemon Grove. So let me get this right, it's ok to have strip joints with crack whores and rv brothels within the city limit but draw the line with pot? Please!!! I'm sure they will be all over these dispensaries much more than they track registered sex offenders and where they live. Why are we so up in arms for another tax base, (they aren't allowed to smoke it here-they are not stupid), but allow pedophiles to live within 100 feet of schools, parks and in the same complexes as other sex offenders? Let's worry about that, more than the dispensaries!!
Alan Carlson July 27, 2012 at 08:35 pm
Ok Brash Brazen where are you now with all your law knowledge and superior intelect??? Los Angeles just voted to close all of the dispensories because "they were out of control" Just what everybody needs right? Funny how no one is allowed to disagree with you progresives. I know all your views are so correct any isiot can see it and those that disagree are stuck in the past. blah blah blah.
Guess your movement is not as strong as you thought, Los Angeles is a strong second to the progressive thinktank that is your cesspool the bay area. By the way I hope those jobs cleaning the transients feces from the Bart systems stations are good paying ones.
Jacob132 July 27, 2012 at 09:22 pm
Marijuana gets on your nerves! Its really comical at this point. Not to be rude, but Allen, get a grip. You live in a dirty little meth / prostitute filled area. I drive through there every week. I see it. I have been to almost 1000 LA dispensaries, they are not actually causing any issues. This can be seen by a lack of evidence of issues caused. I was once followed from north SF valley to west hollywood by some cops. When I got out of my car the LAPD guy stopped, rolled his window down and took a picture. He smiled and said "Thanks for your time". I was like, "no problem", I then proceeded to the 5th and last dispensary of my day. Nothing too crazy, but there is certainly harassment. I was once approached by a "guy" who said he'd let my dispensary stay in business for 10k. He was a cop investigating the shops. Crime does get impacted by dispensaries. Thief's are so afraid of the 6' 5" security guards that they don't steal near these shops. You also made a comment about "just go to legit growers", that is true the shops are using legit growers. These people are 100% allowed to create revenue and pay themselves a salary. Lemon Grove totally deserves these shops to arrive as well. It's a poor dangerous place at this point in time. Dispensaries will change this. I think that people are willing to overlook some facts to feel better. BTW I owned a software company that catered to the Cannabis industry. We built structure and legitimacy, The DEA hates me and told me constantly.
Jacob132 July 27, 2012 at 09:24 pm
Sorry Alan, Didn't mean to spell your name incorrectly. Oh one more thing that just hit me. If you don't think that aren't already dispensaries in Lemon Grove...there are. In fact a few. So...where is Waldo?
Jacob132 July 27, 2012 at 09:54 pm
Alan, one more thing...there are still lots of pot shops here in town. I go to some of them...Nothing is going to ever stop the will of the people, not you, not some city, not anyone. Its clear that you are willing to talk yourself in circles just to prove your point. It seems useless to even help people like you understand the factual truth. You are not going to get it, you are never going to get it. Do you drink beer because I don't understand that. I just don't invade on beer drinkers rights by talking smack. You are here talking smack and these kind folks are willing to help you understand for some reason. I personally get tickled when people who don't really know any facts are still making their statements. In this case I felt it would have been rude not to at least help. We don't really care. Cannabis is here to stay. Too bad for you. Get over it or not, its simple. If you push back the will of the people, they are gonna stick it in your ass. Plain and simple. Enjoy harmony and bliss in your own mind and allow others to do the same in their minds.
Summer Hemphill August 31, 2012 at 06:04 am
Hey Alan,the LA dispensary ban just went up in smoke !!! Who's laughing now ???
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Janet Shull June 1, 2013 at 07:35 pm
Love Lido's!!! The whole Tarditi family has been eating there and holding family events there sinceRead More the day they opened. Five generations of our family have enjoyed their food and hospitality. When you go to Lido's, your treated as family. And their food is Delicious!!!
Carol Ybarrondo Rauscher June 1, 2013 at 10:25 pm
Been eating there consistently since 1960....best Italian anywhere!
Mary Anne June 16, 2013 at 09:35 pm
Best pizza!!
Jeannie Oliwa May 28, 2013 at 03:49 pm
Good job!
Christine Huard (Editor) May 28, 2013 at 04:49 pm
Great news! Thanks for posting on Lemon Grove Patch!