County Medical Marijuana Moratorium Returns

In the wake of threats of tougher enforcement against marijuana dispensaries by the federal government, the Santa Cruz County Board of Supervisors voted to stop giving permits for new medical marijuana dispensaries.

Supervisors said the unanimous vote was a way to protect county employees from any legal penalties for issuing permits.

The ban had been lifted six months ago and the county accepted applications from potential new medical marijuana sellers, however those are now in limbo.

Collectives can file the paperwork to operate legally under county ordinances which set guidelines for limits and zoning issues, but they shouldn't expect an answer anytime soon, supervisors said Tuesday.

A recent Supreme Court case involving the County of Los Angeles ruled that cities and counties have the right to ban the dispensaries even though they are legal under state law. The case is now in appeal, and the question is whether the federal government can prosecute local agencies who follow California's legalization codes.

Attorney Ben Rice, who specializes in medical marijuana law, urged the county to find a way to resolve these questions, but understands why the moratorium was put back in place.

“What the moratorium does is removes the threat to employees who are just signing the paper saying [dispensaries] can open,” Rice said. “The board could say 'the feds will never go and bust that clerk,' but as the boss how could you put that kind of risk out there for your employees?”

No collectives or dispensaries will be shut down because of Tusday's vote, but they will have to wait longer to be officially endorsed by the county. They can ask to have any fees they paid returned in the meantime.

“If we are not going to be processing people's applications for some time, I think we should give their money back,” said Supervisor Ellen Pirie.

Rice looks forward to the day when he will lose most of his business, because there will be no more need for him to defend people in court who are trying to provide people with the medicinal herb.

It is currently unclear how many collectives and dispensaries are operating in the unicorporated county because no applications have been completely processed.

County Counsel Dana McRae will update the board on developments at the state level on Dec. 13, when she hopes to have more clarity on the issue.