Moratorium? (Photo: Universal Pictures)

Bureaucrats pass bong to electorate

It started as what appeared to be a simple emergency extension of the moratorium on medical marijuana dispensaries in the Town of Mammoth Lakes, but before it was over, Mammoth’s Town Council punted a potential ordinance into the ballot box and the hands of voters.
Mammoth Lakes Police Chief Randy Schienle came before Council to ask for a 10.5-month extension on the moratorium, which he said would give the advisory group on which he sits more time to work on the framework that might permit some kind of “collective” or “cooperative,” since “dispensaries” of medical marijuana are technically illegal. He also added that any such operation can pay employees and cover its costs, but can’t turn a profit as such.
Schienle said that even though the moratorium would be extended until next November, the group, which also includes MLPD Detective Jim Short, Wave Rave owner Steve Klassen, Planning Commissioner Tony Barrett and Mono County Health official Nancy Mahannah, would likely have language for a draft ordinance ready to go on or about June 1.
Schienle said that even though he and Klassen (one of the group’s most vocal advocates of a medical marijuana outlet) sit on different sides of the fence on certain points, “our approach is very cooperative.” (Klassen more or less echoed Schienle’s assessment, praising the MLPD for its forthrightness and collaborative spirit.)
The Chief suggested that more time was needed to work out some key issues, such as: how many plants would be allowed and where would they be grown, what limits (age, etc.) should be placed on users, what constitutes residency and where would the operation be located, among other concerns.
If the extension seemed daunting to pot proponents, Town Attorney Peter Tracy did his best to quell the grumbling. “It doesn’t tie the process to anything other than a date, but all public proceedings for a public ordinance would have to be done by the expiration date,” Tracy informed Council. The moratorium can be extended once more for up to a year, and has provisions allowing Council to terminate it early.
When Councilmembers Skip Harvey and John Eastman broached the concept of putting up some kind of ordinance for a public vote in either next June’s local/primary election or the November general election, Tracy had thoughts on that as well. In the absence of any formal language at this point, he outlined three likely scenarios: Council can facilitate putting an initiative on the ballot to enact an ordinance, the people can also put forth a similar ordinance or Council can ask for an “advisory vote.”
In short, wording such as, “Would you support a medical marijuana operation withing the Town of Mammoth Lakes with proper regulation, etc.” would be included on the ballot and voters would be able to say yea or nay. “It’s not legally binding, but it may give a good idea as to what the mandate is,” Tracey said. He was, however, cautions when it came to an actual ordinance. “Some ordinance could be drafted, but what would it say?” Tracey queried. “Would it be comprehensive, as per Chief Schienle, or more general?”
During public testimony, Klassen cited a new American Medical Association policy adopted last month that calls for the U.S. government to review its ban on medical marijuana. He also pushed back against several activist groups, including law enforcement associations, that he said were attempting to “undermine and dismiss the role of dispensaries.”
He then outlined what Councilmember Wendy Sugimura dubbed “a pretty good look at your business plan.” Klassen said his non-profit would be “open and transparent” to both Town staff and the MLPD. Among other things, it would be located at least 500 feet from any school (another suggestion was to locate it in the Industrial Park), be restricted to users 21 and older, bar smoking on premises, levy an extra 2-3% tax on “reimbursements” and track all transactions for revenue and tax reporting, be one of only 2-3 such operations allowed in town and users will need a valid doctor’s prescription to gain access to the grass.
He was, however, somewhat skeptical when it came to a public vote. “I’m confident such a vote would be positive,” he said, but later qualified that by saying he hoped the Council would take the lead and “have the courage to do what’s right.” Klassen said most of these types of decisions are made by city or town councils, and that Mammoth may be the first community to put the decision in the hands of the electorate.
Barrett said he favored the idea of letting the people speak, but said either way Council decides, the “bones of a structure” are there. “One more meeting and a pass by Peter Tracey and we can have it in front of the Planning Commission.”
Eastman agreed. “[I think] between Council, Mr. Klassen and with other input, we can get an ordinance on the ballot.” He did, however, warn Barrett and the rest of the drafting team, “If we approve [going for a ballot ordinance], the ball’s going to be squarely in your court.”
Other public testimony included a June Lake resident, who suggested patients that are candidates for medical marijuana often prefer ingesting it as opposed to narcotics or other pills that have accompanying side effects and may not be entirely healthy.
Scott Calvert, a partner in new business venture Medicard Mammoth Lakes, which provides “medical consultation” to cardholding medical marijuana patients as well as issues cards and recommendations to those wishing to become legal under Prop. 215, said his company supports an ordinance for prescription pot, “if done with proper regulation.”
Lisa Longo, a former snowboard competitor friend of Klassen’s, opined, “We wait for snow, but people are sick all the time.”
But perhaps the most moving testimony came from Norm Kaufman, who did 2 tours in Vietnam, and now suffers from diabetes, coronary artery disease and is now blind in one eye. Choking back tears, Kaufman, who’s been a Little League umpire and volunteer on 11 Jazz Jubilees, said medicinal pot is the only thing that helps him get to sleep, and that he’d be grateful not to have to drive 300 miles every other week to get it.
No testimony in opposition to an ordinance or dispensaries was given.
During Council deliberations, Harvey at first supported an advisory vote, saying he thought Council would follow the will of the voters, but later reconsidered. “This is bigger than 5 Council members,” he decided, backing a ballot ordinance attempt. Eastman thought a reasonable compromise would be to extend the moratorium to Sept. 10, giving some additional time to work out problems in case an ordinance vote failed in June. He wasn’t, however, a fan of the advisory vote, saying it was “like being pregnant … you either are or you aren’t.”
Sugimura said she favored a full 10.5-month extension on the moratorium (as did Mayor Neil McCarroll, who cited legal reasons). On the other hand, she wasn’t particular as to the type of ballot measure. “If [the dispensaries group] can get a full ordinance together, great … put it on the ballot.” If not, it should be easy to draft some advisory language,” she said. “In any case, [10.5 months from now] that’s the deadline. And we can also repeal the moratorium at any time.”
If a ballot measure of a full ordinance is passed, it would take effect immediately and Council would need to enact a repeal at its first opportunity following the election.
Barrett said his only concern was whether or how much Chief Schienle would want to participate in drafting the language, given that he may ultimately oppose a ballot measure and end up writing the dissenting position. Council, however, said they didn’t want the Chief to be excluded from participating in any way, adding that he may contribute a law enforcement perspective that could help strengthen the language, or see pitfalls or problems that aren’t obvious to the rest of the measure’s authors.
Council ultimately passed the 10.5 month extension, and also allowed and ordinance for “collectives” or “cooperatives” to be placed on the June ballot. It also charged the dispensaries group and staff to work together to draft the language.
Community Development Director Mark Wardlaw said that in order to have a public hearing before the Planning Commission in mid-January or so, he’d need to see language very early in the New Year, and cautioned that the staff report would be brief and quick. He also hoped the language would be thought out well enough to avoid triggering any lengthy Environmental Quality Act or other processes that would further tax staff time he said is already stretched pretty thin. (Senior Planner Ellen Clark, for instance, is working solely on meeting a state-mandated Housing Element deadline.)
Barrett said the dispensaries group plans to work through the holidays and expects to have a draft ordinance on its feet by the first part of January.