Story Created:
Mar 4, 2010 at 12:34 PM PST
Story Updated:
Mar 4, 2010 at 12:34 PM PST
SOUTH GATE — The city has become the first in the Southeast area to specifically outlaw medical marijuana dispensaries with an ordinance which took immediate effect. It will be in effect for at least 45 days and may be extended after that, officials said.
in a written report to the council Feb. 23, Steve Lefever, director of community development, said that while California allows medical marijuana dispensaries, cities have the right to ban them as a land use which may be in conflict with their general development plan.
He notes that the federal government considers such stores illegal and that has been upheld by the U.S. Supreme Court. The court decision held that the federal law prohibits the use marijuana through its Controlled Substance Act, which does not contain a compassionate use exemption.
“The city has determined that permitting medical marijuana dispensaries to operate within the city of South Gate, whereby marijuana would be sold and/or distributed, would be in violation of federal law and therefore should be prohibited,” the ordinance stated.
“The addition of Section 11.04.351 [to the city code] provides the safeguard that medical marijuana dispensaries will be prohibited within the city of South Gate.”
State licensed health care facilities that may be lawfully established in the city are excluded from the ordinance, which affirms that medical marijuana dispensaries are prohibited in the city
Bellflower has passed a similar law which does not focus on marijuana dispensaries, simply stating that any operation termed illegal by the state or federal government is not allowed in the city.
Many other area cities, including neighboring Downey and Huntington Park, have placed moratoriums on such stores pending specific laws, either allowing or disallowing them.
Only Whittier has allowed a medical marijuana dispensary, relegated to a specific, industrial area of the city. However, that city then passed a moratorium on prohibiting any future stores until the original ordinance can be amended to include a required distance between dispensaries in the allowed area.
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