Murrieta Extends Moratorium on Marijuana Dispensaries

A moratorium on medical marijuana dispensaries will continue in Murrieta.

City council members voted unanimously Tuesday to extend the moratorium for one year.

Councilwoman Kelly Bennett made it a point to say the city was not stating its opinion on the use of marijuana for medicinal purposes.

"We are not making any opinion on that," Bennett said.

The council vote followed a public hearing during which one member of public spoke.

"There is a concern for patients with serious medical conditions...who do not have safe access to the drug," said Murrieta resident Donald Lambert.

He continued by saying marijuana has been falsely classified by the U.S. Drug Enforcement Administration.

"Cannabis does not meet the requirement to be a Schedule 1 drug," Lambert said. "Cannabis is milder and less dangerous than any drugs in Schedule 1."

However, it is the stance of the Murrieta Police Department that affects brought by dispensaries include drug dealing, sales to minors, loitering, heavy vehicle and foot traffic in retail areas and increased noise.

Robberies of customers just outside dispensaries are also common byproducts, according to a 2009 report produced by the California Police Chiefs Association and cited by Murrieta police.

Additionally, Murrieta City Attorney Robert Mahlowitz said current case law in California has not ultimately defined whether cities may regulate medical marijuana dispensaries.

Mahlowitz discussed two cases set to be reviewed by the California Supreme Court: the City of Riverside v. Inland Empire Patient’s Health and Wellness Center, in which a dispensary ban by the city of Riverside was upheld by an appellate court; and City of Lake Forest v. Evergreen Holistic Collective, in which a Lake Forest dispensary ban was struck down.

“One is saying it is OK, one is saying it is absolutely not OK,” Mahlowitz said.

He also cited Pack v. Superior Court, in which a Long Beach ordinance that created a dispensary permitting system was struck down as violating the federal Controlled Substance Act. That case had been returned to an appellate court for further review, he said.

“Unfortunately rather than getting clear, the law has gotten more confused,” Mahlowitz.

The city is also embroiled in lawsuits over two dispensaries—both off of Jefferson Avenue: Greenhouse Cannabis Club, route: {:controller=>"articles", :action=>"show", :id=>"dea-in-murrieta-for-raid-of-cannabis-club"} --> and