Costa Mesa council declines to put medical marijuana law on ballot

It was called excellent law, quite possibly the best on the subject in California, even by those who have competing proposals.

But such sentiment didn’t sway the Costa Mesa council, which, after 2 1/2 hours of discussion and debate, declined Tuesday to put on the Nov. 4 ballot the proposal for legalizing medical marijuana dispensaries in the city.

Since 2005, the city has prohibited such store-front outlets, though some still flourished until around 2012, when federal authorities raided several operations. Nonetheless, the issue is again front and center, with a state Senate bill progressing through the Legislature and other Costa Mesa efforts ready to address the calls by some residents to allow legal sales of the drug.

At the council meeting, Costa Mesa resident David Dragotto praised the properties of medical marijuana for his 10-year-old daughter, Gianna, who suffers from congenital disorders of glycosylation.

Costa Mesa could use its own regulated dispensaries, he contended.

“This plant is changing people’s lives every day,” Dragotto said. “If you don’t vote yes, the people of Costa Mesa will.”

The proposal, spearheaded by Councilman Gary Monahan and drafted by the city attorney’s office, failed to find any support among council members.

Monahan’s ordinance would have created a series of regulations for the dispensaries that, he argued, would have given the city substantial control over their operations. The law would not have restricted the number of dispensaries but would have required 24-hour security and prohibited on-site doctor recommendations.

In keeping with state and federal laws, the initiative would have restricted dispensaries’ locations, keeping them at least 1,000 feet from one another and the same distance from schools and youth centers.

“There are a lot of people in this community that have a need for medical marijuana,” Monahan said, “and this will provide them a safe way to acquire that.”

The idea was strongly supported by attending members of the public, many of whom were from outside Costa Mesa.

But Monahan’s colleagues expressed concern. Councilwoman Wendy Leece said the proposal felt rushed — it was made public late last week — and could use more vetting from the council and Police Department.

“I think it’s a good start,” she said. “I’m certainly open and willing. I see the writing on the wall. I think it needs to be tightened up.”

Monahan said there was a rush because two other marijuana initiatives are being circulated around town, and he feels that his is the best approach to reintroduce the dispensaries to the city but with stricter controls.

One of those initiatives, led by Orange County attorney Randall Longwith, could spark a special election, possibly early next year.

Longwith told the council that he would drop his idea if the council decided to put Monahan’s “unbelievably well-written” proposal on the ballot.

His ARRO Initiative, or Act to Restrict and Regulate the Operation of Medical Marijuana Businesses, has gathered about 8,000 signatures since the spring, Longwith said.

“I’m disappointed, very disappointed,” he said after the vote. “I thought they had the opportunity to do the right thing today.”

Mayor Jim Righeimer said he was concerned about the new city staffing that Monahan’s proposal would require.

He later told the Pilot that he was uncomfortable with City Hall getting involved in medical decision-making, such as “the milligram dosage of THC for people with seizures.”

Righeimer and Mayor Pro Tem Steve Mensinger were also concerned about whether a state proposal making its way through Sacramento, Senate Bill 1262, written by Sen. Lou Correa (D-Santa Ana), would render any Costa Mesa regulations moot.

Correa’s bill would regulate growers, dispensaries and doctors.

Monahan said Costa Mesa’s proposal would easily “flow” into the state legislation.

Recreational marijuana could be legal by 2016, he added.

Former Los Angeles Police Department Deputy Chief Stephen Downing said Prohibition-like policies have done as much harm as “the drugs we failed to control.”

Costa Mesa’s proposal, he contended, is flexible and would provide a suitable framework for the city.

“This is the best ordinance I have read, and I have read many,” Downing said.