Time for Merced to figure out its rules for marijuana

When California voters approved Proposition 64, allowing for the legal use of recreational marijuana, it allowed cities and counties to establish their own rules allowing, prohibiting or otherwise regulating sales, manufacturing, cultivation and other aspects of the marijuana business.

It’s time to determine how those rules will work in Merced.

The Merced City Council will have a public hearing Monday, Nov. 20 at 6 p.m., to discuss how we want to regulate marijuana sales to adults – both for recreational and medicinal use – and consider a local ordinance.

Prop 64 prohibits any city or county from completely prohibiting adult use, as long as no individual has more than six living marijuana plants. These six specimens can be planted, cultivated, harvested, dried and processed inside a private residence or inside a structure near a private residence as long as it is fully enclosed and secure (like a locked greenhouse).

Adults are free to consume marijuana inside their residences – including apartments and mobile homes.

The state requires that all marijuana businesses be at least 600 feet from schools and at least 500 feet from parks, playgrounds, sports fields, public libraries, youth centers, or recreational centers. Cities can insist that an even wider buffer be provided.

Consuming or smoking marijuana in public places is still prohibited, just like for alcoholic beverages.

The council will also consider a draft ordinance for public comment that allows:

▪ Marijuana to be sold for recreational purposes at three retail shops in shopping centers and/or professional office areas;

▪ Sales of medicinal marijuana at one retail shop in a shopping center or professional office area;

▪ Marijuana cultivation in large greenhouses in industrial areas;

▪ Marijuana processing and packaging for sale in manufacturing areas;

▪ Testing laboratories and trucking companies for marijuana products.

Last year, the previous council conducted seven study sessions and public hearings regarding allowing medicinal marijuana for people who had a doctor’s prescription for extracts, oils and pills to treat pain, seizures, nausea and other illnesses. People spoke 79 times during the council hearings, with only three speakers opposing medicinal marijuana.

The majority of the council was persuaded that there are major benefits to medicinal marijuana for Mercedians suffering with illness. On Aug. 1, 2016 the council voted 4-3 to allow four retail medicinal dispensaries.

Limiting business opportunities by ordinance must be carefully justified to be legal; because the peculiarities of safety, security and potential abuse of medicinal marijuana are great, the city council contracted with a specialist to write the regulations that implements the medicinal marijuana ordinance.

As voters statewide were approving Prop 64 last November, three new city council members were elected. Subsequently, the regulations were delivered to the council provided a new ordinance that, with minor changes, allowed both recreational and medicinal marijuana businesses. It it these new regulations the council will consider Monday.

We still have concerns regarding marijuana use. Driving while intoxicated with marijuana correlates with increased traffic accidents. Regular use of marijuana is associated with poor educational attainment. Inability to comply with employers’ drug screening requirements deplete the readiness of our local work force. And many people don’t like the smell.

Revenues and administrative costs are a critical component of the marijuana debate. It’s estimated that sales tax and other fees on recreational marijuana could yield over $1 million a year for o the city (state law prohibits taxation of medicinal marijuana).

In early September, city staff explained to several council members Oregon’s experience in legalizing recreational marijuana. Use of medical marijuana dropped, which might also happen in California. Staff explained that some people will fear that being on a list of marijuana users, such as medical marijuana, could make them subject to federal enforcement. Recreational users will not be part of any proposed registry, reducing fears of federal enforcement. A federal law prohibiting the federal government from spending funds to prevent states from implementing their own medicinal-use laws expires on Dec. 8.

If you have an opinion about recreational or medicinal marijuana, then you need to attend the city council meeting at city hall. The future of Merced might be changed by the council’s decision, and your input could make a difference.

This story was originally published November 16, 2017 at 4:33 PM with the headline "Time for Merced to figure out its rules for marijuana."