City Planning Commission Votes to Recommend Ban of Marijuana Dispensaries

Tuesday’s  meeting attracted a handful of concerned citizens to learn if it would recommend a ban of medical marijuana dispensaries in the city.

Planning Manager Jeff Gibson discussed problems of crime, dispensary robberies and additional security costs prior to residents speaking their minds.

Seniors and Disabled Ignored, Residents Say

“It seems that the people who are being overlooked in this discussion are the seniors and the disabled.  They are the ones who are having a harder time getting out and getting their medicine,” said resident William Leber. 

Kandice Hawes, director of Orange County Norml, a group favoring marijuana legalization, said she was concerned over patient access.

“I was really alarmed when I heard that you were banning the delivery of medical marijuana in the city,” Hawes said. “How are patients going to get their medicine?  This just breaks my heart. People are sick and dying, and if they can't get their medicine, they are going to be left to suffer.”

Resident Gracie Oliver demonstrated her need for mobile dispensaries as she approached the pulpit in her wheelchair.

“If these people could not come to my home, I would be very limited, including my education and dignity,” Oliver said. “Just remember that any one of you could be here in a heartbeat.” 

Kyle Kirshner felt that the safety concerns over dispensaries were hypocritical.

“If you are going to take into account the two robberies that you spoke of in your presentation, then why not take into account all of the DUIs and domestic disturbances that you have from alcohol,” Kirshner said. “That is a legal substance.”

After the residents spoke, four of the commissioners spoke in favor of the ban.

“I’m not against medical marijuana, I just think that it belongs in an industrial or medical facility,” said Commissioner Cher Alpert. “This Suite A dispensary is part of the Gateway area where we are planning on developing residential housing. That’s not an area for a dispensary.”

“I am in support of anything that voters pass in the state, but my concern here is that the state is not properly regulating it,” said Commissioner Steve Rettig. “If we regulate it as a city, then we are going to have to incur the expenses.”

“This is one of the toughest items that I have seen coming to our planning commission,” said Vice Chairman Fred Minagar. “From a personal perspective, whether I am for or against this doesn’t matter. We are charged with making a determination on the land use of this item.  Is it suitable for our community?”

Too Many Costs and Problems

Commissioner Jerry Slusiewicz said while he does believe in the benefits of medical marijuana, there are other things to consider on a local level.

“There are a high number of costs and problems with dispensaries that go well beyond the scope of other businesses that want to establish in the city. From a land-use perspective, I've got to say no.”

Commission Chair David Weiss spoke against an immediate ban, preferring tighter controls. Weiss mentioned  the on Forbes Road.

“I’ve seen what happened firsthand on Forbes Road,” Weiss said, “but if it was controlled and maybe only allowed in a medical building, and if we demanded that the facility only accept the state given card which is more difficult to obtain, we could control it.”

These Are Our People

Weiss said he was surprised that most of those speaking were Laguna Niguel residents, rather than residents of surrounding cities.

“These are our people,” Weiss said. “Our job is to represent our people.”

The audience shouted and whistled in favor.

While all of the commissioners spoke of being sympathetic to the needs of patients, the vote was 4-1 in favor of recommending the ban. 

“And so it’s going to go to City Council,” Weiss said, “and that is really where the main decisions are made.”