Proposal is yet another chapter in Laguna Beach’s medical marijuana saga

An attorney representing authors of an initiative that would repeal Laguna Beach’s ban on medical marijuana dispensaries has come up with a compromise.

Instead of having competing measures on the November ballot — the city has reacted to the initiative with talk of coming up with its own proposal — Charnel James told the City Council on Tuesday of another option: work together.

“If you are willing to work with us on making the changes, we would back down,” James said, the implication being that her clients would still get something they want in a blending of the measures into one.

Initiative sponsors would like, at most, two dispensaries in Laguna. In May, shortly after the city became aware of the initiative, Laguna Beach police suggested a competing ballot measure that would allow one dispensary, while council members suggested a third option of maintaining the existing prohibition.

James’ announcement came as the council appeared ready to authorize a competing measure on the November ballot that would allow for one dispensary. Instead, the council delayed a formal vote and called for a special meeting at 6 p.m. Aug. 8 at City Hall.

Under election rules, the council has until Aug. 12 to submit a measure to qualify for the November ballot.

“My objective is to defeat their measure,” Councilman Bob Whalen said. “If we can get them to withdraw it and still find something acceptable to us, that seems the more productive way to go.”

“I’m concerned about what kind of concessions they would ask for in return for withdrawing the measure,” City Manager John Pietig said, adding that he is willing to discuss options.

Meanwhile, it was decided that city staff and representatives of the people who filed the citizens’ initiative would see if consensus is possible.

But in another twist, it’s unclear if the citizens’ initiative, which the Orange County registrar of voters determined earlier this year had gained the required number of signatures, could legally be withdrawn from the ballot, City Atty. Phil Kohn said Wednesday.

State election law says proponents of a ballot measure may “withdraw the measure at any time before filing the petition with the appropriate elections official.”

“It appears the language from the statute ... that the time allowed for a withdrawal has expired, but I will look further into the matter,” Kohn said.

The council has wrestled with the issue of medical marijuana dispensaries for the last three months.

Proponents claim that having a dispensary or two in town would provide a service to residents who are unable to drive to cities such as Santa Ana to pick up their prescriptions. Medical cannabis has been lauded for helping patients cope with chronic health conditions.

A recent community survey indicated a near 50-50 split on the question of whether a dispensary should be allowed in town.

Some council members expressed concern Tuesday about allowing dispensaries in areas zoned for industral use instead of strictly commercial. Laguna Canyon, for instance, is a zoning mish-mash that includes houses.

“Wherever you stand on medical marijuana, there is obvious value to some people, but we’re debating whether to have land use that allows for it,” Whalen said.

According to the citizens’ initiative, dispensaries would be allowed in commercial zones and could not abut residential areas or be less than 1,000 feet from a public or private school. They would be open from 8 a.m. to 10 p.m.

Under the city’s draft initiative, presented Tuesday, dispensaries could not abut a residential lot or be across the street from a residential neighborhood, and they would not be allowed within 250 feet of a beach access location or within 1,000 feet from schools, day-care centers, parks and playgrounds. Hours of operation would be from 9 a.m. to 6 p.m.

Laguna Police Chief Laura Farinella said Wednesday that the city might be willing to eliminate the beach access requirement but would need to stand firm on maintaining distance setbacks related to schools and residential areas while providing more areas where a dispensary could be allowed.

“The goal is safe access while considering public safety concerns,” Farinella said, hinting at potential problems that could accompany the legalizing of medicinal pot sales.

If a dispensary was allowed, Mayor Pro Tem Toni Iseman suggested, the business should be modeled after a showroom, not a sales location, with different kinds of medicinal cannibis on display. Customers could place orders but not be able to carry marijuana out of the store. Rather, it would be delivered.

“There would be no exchange of money and limited product,” Iseman said. “We would not have the concern about kids walking out the door with medical marijuana.”

“I have never heard of that model, but that would probably work for Laguna Beach,” attorney James said.

The city outlawed medical marijuana dispensaries in 2009, and in January the council banned commercial cultivation and large-scale deliveries of the drug.

Patients and caregivers are still allowed to pick up doctors’ prescriptions for marijuana, often used to ameliorate the side effects of cancer treatments, that are filled outside of Laguna and bring them into the city.