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.
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