Concerned that a proposal by the Oceanside City Council creating a moratorium on medical marijuana dispensaries is overbroad and would violate rights established by state law for the benefit of seriously ill patients and their caregivers, the ACLU of San Diego & Imperial Counties sent a letter today detailing its concerns to the mayor and city council.
Most notably, the ACLU is concerned with the proposal's definition of “medical marijuana
dispensary,” which includes “any … facility or location … where the owner(s) or operator(s) intends to or does possess and distribute marijuana for any purpose.” Intentionally or not, this definition is extremely broad and creates a blanket prohibition of
activity clearly permitted by state law.
The letter also asks the council to consider whether a moratorium is necessary in light of the Attorney General’s guidelines, and whether the City’s legitimate objectives might be accomplished in a more narrowly focused manner.
UPDATE
On May 13, the Oceanside City Council adopted an "urgency ordinance" that imposes a 45-day moratorium on medical marijuana dispensaries. The ordinance can be extended for almost two years.
Read the North County Times article and click on the ordinance below.
Letter to Oceanside City Council
2009 05 11 Oceanside Moratorium.pdf
California Attorney General Guidelines
medicalmarijuanaguidelines.pdf
