Medical marijuana dispensaries will be banned within the city of Goleta, if the city council approves a second reading of an ordinance approved on first reading June 2. However, the ban may not be in place for long. Despite the unanimous approval of a prohibition of such businesses, it took place with the understanding that city staff would bring forward proposed regulations for such dispensaries in the future.

In moving to approve the ordinance, Councilmember Margaret Connell said she believed there was not enough time for staff to do a good job of developing thorough dispensary regulations before an interim ordinance on the books expires Aug. 30. The majority of the council expressed interest in developing regulations under which dispensaries could operate, but felt the ban should be in place in the meantime.

There is one legally operating dispensary in the city now, said Vyto Adomaitis, director for the Redevelopment Agency, Neighborhood Services and Public Safety. Citizens attending the meeting disputed the number, saying there are two in the city, one a collective, Grass Roots Research, located in a residential neighborhood.

Mark Russell and Seamus Etherege, who operate the collective, said they have a letter from the city stating it is a legal operation. Mayor Roger Aceves express particular concern with the fact that there is a dispensary in a residential neighborhood, while Etherege and Russell said they have tried several times to get permission from the city to move the operation to a commercial site without success.

“We were not happy with tonight’s results,” said Etherege, citing the fact that city staff has had two years in which to prepare a report for the city council on the matter. “Staff timed it so that it had to be approved in order to avoid a period with no ordinance or regulations.”

Connell specified in her motion that she wanted the ordinance approved with the understanding that staff would develop proposed detailed regulations for medical marijuana dispensaries in the future for city council consideration.

Later, Connell said she hoped the city staff would have regulations prepared by September or so.

“I didn’t have a real time frame in mind except within a few months,” she said.

The core issue, said City Attorney Tim Giles, is a conflict between state and federal law with regard to the distribution of medical marijuana. Federal law prohibits it while state law permits it.

Federal Attorney General Eric Holder has said that prosecuting medical marijuana users will not be a priority of his department.

“We have an initiative passed by the people of California,” said Connell. “You can’t just totally prohibit something when we have a law saying you can do it.”

The staff report said that there are 31 cities and eight counties in the state that permit regulated medical marijuana dispensaries. Moratoria are in place in two counties and 29 cities, including Santa Maria and Lompoc, and a ban is in place in seven counties and 112 cities, including Carpinteria and Solvang.

The city of Santa Barbara and unincorporated regions of the county allow such establishments to operate; there are several dispensaries in Santa Barbara.

The staff report cited anecdotes of increased crime in areas around dispensaries as one of the reasons to ban such businesses. Council members found the report lacking in logical, factual information and appeared disappointed in its content.

Connell was concerned about access for people who qualified to use the drug but were unable to grow their own, one of the few ways available to patients with a ban in place.

The ban does not include dispensaries in operation at the time it is implemented.

The ordinance will come before the council for a second reading on June 16.

For more Goleta City Council news, read the extended story online at www.syvjournal.com.