HomeMy WebLinkAboutAB 2312 LTR to Price 20120621!� t Y off.
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/ OFFICE OF THE CITY COUNCIL
4 / S O 990 Palm Street ■ San Luis Obispo, CA 93401-3249 ■ 805/781-7119
June 21, 2012
Via Facsimile 916-324-0917
The Honorable Curren Price
Chair, Senate Business, Professions &
Economic Development Committee
State Capitol Building, Room 2053
Sacramento, CA 95814
Re: AB 2312 (Ammiano). Controlled Substances.
NOTICE OF OPPOSITION
Dear Senator Price:
The City of San Luis Obispo, opposes Assembly Bill 2312 (Ammiano) because this
measure will create only more questions, costs, and uncertainty for cities in the area of medical
marijuana regulation. AB 2312 also prematurely asserts what authority the state and local
governments may have in this area, despite the pending California Supreme Court decision on
permissible regulation and the on -going conflicts with the federal Controlled Substances Act.
Action on AB 2312 should be postponed until the state Supreme Court issues its opinion
on three cases that it accepted this year, including two cases that speak directly to a city's
authority to ban. It would be more prudent to understand the extent of both local and state
authority in this area following the Supreme Court rulings before the Legislature establishes a
new statewide regulatory scheme at the same time that local jurisdictions are implementing AB
1300 (Blumenfield, 2011), which clearly intended to preserve local control.
AB 2312 is also problematic because of the provisions that would create a new regulatory
body, the Board of Medical Marijuana Enforcement (Board), which would be poorly equipped in
making vital decisions — decisions that would preempt numerous city and county zoning,
business license, and building ordinances. Specifically, the Board would be charged with
establishing zoning regulations determining where dispensaries, cultivation activities, and
manufacturing plants can be located; building standards for security purposes including outdoor
lighting and how changes can be made the physical building; and also waste disposal and
recycling requirements. This is troubling because it would also directly impact city and county
ordinances on topics not exclusive to medical marijuana access points. However, the entire local
public agency representation on the Board is fulfilled by just one peace officer.
city of San luis OBISpo
Senator Price
Re: AB 2312
Page 2
Finally, cities like ours with a population of less than 50,000 residents would have to
submit written findings to this Board that medical marijuana is reasonably accessible to residents
in our city before we would be permitted to ban dispensaries. AB 2312 fails, however, to provide
the full picture how those findings are reviewed and what, if any, dispute process is available.
Thank you for your consideration of our opposition to AB 2312.
Sincerely,
Jan Marx
Mayor
cc: Senator Sam Blakeslee, fax 916-445-8081
Honorable Tom Ammiano, fax 916-319-2113
League of California Cities, fax 916-658-8214
Dave Mullinax, League of California Cities
City Council
Katie Lichtig
Derek Johnson