As the number of medical marijuana dispensaries has nearly tripled across California in the last two years, cities in Orange County and beyond are grappling with how to contain and -- if possible -- eliminate these operations on ground ranging from land use authority to public safety concerns. 

The Orange County Division devoted its July 8 Division Meeting to this topic, and an exploration of the legal and public safety considerations surrounding the issue.

The evening's panel featured discussion with Orange County Sheriff Sandra Hutchens, Lieutenant Adam Powell of the Sheriff's Special Investigations Bureau, Senior Deputy Counsel Nicole Sims of the County of Orange, Orange County Deputy District Attorney Jeff Shunk and attorneys Jeff Dunn (Best, Best & Krieger) and Patrick Munoz (Rutan & Tucker). 

Munoz outlined perhaps the strongest case for cities looking to keep dispensaries away from their borders, “The Bottom line is, selling marijuana is illegal.”  Munoz added that local land use continues to be at the discretion of cities, and that this remains the strongest legal grounds for denying dispensaries. 
Still, with the proliferation of mobile delivery services, and the reality that “grow houses” and the violence associated with smuggling and production of marijuana knows no boundaries, all panelists agreed that collaborative approaches are necessary to truly address the impacts of medical marijuana.
Jeff Shunk stressed that a regional or countywide approach is needed to address these long term concerns. 

Addressing the potential “legalization” of marijuana on the November State Ballot with Proposition 20, Sheriff Hutchens voiced concerns that this would only serve to create additional “grey areas” given marijuana is still an illegal substance under federal law.   Hutchens also stressed that laws do carry weight in society, and that banning harmful substances under the law remains among our strongest tools to combating their impacts.

For cities looking to address medical marijuana dispensaries, panelists urged their legal counsel to review California Government Code 37100, stating simply that “The legislative body may pass ordinances not in conflict with the Constitution and laws of the State or the United States.”  This was the subject of a recent law review article on the closure of medical marijuana dispensaries in California and is the basis for cities to “Just Say No.” 

See a photo gallery for this event here.  Read also a story on the dismissal of a suit challenging Dana Point’s closure of a dispensary in this week’s OC Register.