Our Rancho Mirage medical marijuana defense lawyers continue to follow the debate over a dispensary ordinance in that city that has led to council delaying the issue three times.
The Desert Sun reports the latest delay comes in the wake of Anaheim’s decision to appeal a court ruling that city officials believe could force them to permit at least some medical marijuana dispensaries to operate.
A moratorium on medical marijuana dispensaries is in place but set to expire on December 15. Council plans a special session on Dec. 14 to revisit the issue. The city attorney has indicated he will recommend a year-long moratorium.
Our Southern California marijuana dispensary attorneys do not believe the moratoriums are any more lawful than the bans. What is the difference between repeated moratoriums and a ban, aside from the obvious reluctance to make a decision they have every reason to believe will not be legally valid?
As one medical marijuana patient told the newspaper: “The reality is the city attorney said in the last meeting that they’re not for medical marijuana in Rancho Mirage; the only reason they’re looking at it is they don’t get sued.”
What these politicians fail to address is the fact that voters approved medical marijuana nearly 15 years ago. This issue has been decided in their favor and, we believe, will be decided in the favor of patients and legally operating marijuana businesses yet again.
In the meantime, city politicians will spend millions of dollars defending indefensible legal positions instead of addressing the real issues facing their communities.
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