Politics & Government
Fountain Valley City Council Seeks to Outlaw Medical Marijuana Dispensaries
The council adopted an ordinance Tuesday night based on federal guidelines rather than those used by the state. Fire Capt. was also honored for 24 years of service.
The Fountain Valley City Council adopted an ordinance Tuesday that would ban medical marijuana dispensaries under the zoning code, but only if such dispensaries were also prohibited by federal or state law.
The ordinance effectively disregards state law under the Compassionate Use Act, instead deferring to the federal ban on marijuana as grounds for the city's ban. The city council enacted a moratorium on medical marijuana dispensary uses on March 2, 2010, and that moratorium was extended until Feb. 20, 2012. The purpose of the moratorium and its extension was to take advantage of the developing body of law on the subject and, specifically, to see if a test case would be decided to establish that a city could ban medical marijuana dispensaries.
In the period that the moratorium was in effect, certain appellate precedents were established, specifically an appellate case (Pack v. Long Beach) establishing that a city permitting scheme was preempted by federal law, and Inland Empire v. Riverside establishing that a city could ban medical marijuana dispensaries under its zoning power.
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City Attorney Alan Burns said that these appellate decisions, combined with a recent change in emphasis by the federal government to crack down on medical marijuana dispensaries operating for profit, strengthened the city’s position in prohibiting such uses.
In other business, the council recognized Fire Capt. Larry Hammer for his 24 years of service with the City of Fountain Valley. He was joined by his father, mother, wife and son as he accepted a proclamation, retirement I.D. and badge, and a token gift from the city.
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"Larry Hammer retires after 24 years of reliable and dedicated service for the City of Fountain Valley," Mayor John Collins said, "truly embodying what it is to be a firefighter through his service as a firefighter, firefighter slash paramedic, fire engineer and fire captain."
Patricia Place addressed those attending the meeting as she represented the Orange County Grand Jury. She was helping with recruitment for the 2012-2013 Grand Jury and encouraged those interested in applying to do so by Jan. 17, 2012.
"We do a lot of wonderful things in the Grand Jury," said Place. "We've become very much a watchdog of our county."
The stipend for serving on the Grand Jury is $50 per day and mileage.
