Amador County – The Sutter Creek City Council voted 4-1 Monday to repeal three city ordinances that create zoning and other regulations for medical marijuana dispensaries, while the majority voiced a preference to enact a ban in the future.

City Attorney Derek Cole said recent court rulings, including for “compassionate use,” are changing the legal atmosphere.

He said a District 4 Appeals Court ruling in Orange County said that an Anaheim municipal ban on dispensaries was sent back to the city for modification. Cole said the ruling in effect “said state law does not conflict with federal law,” and the “two can coexist.” Cole said it may mean that cities cannot base their law on federal law.

Cole said the “area of law in medical marijuana is changing every day,” and in November, after a statewide initiative on legalizing marijuana is closed at the polls, it could be another change.

He said: “What I say now may not be the same as what I say in six months, or a year.”

Councilwoman Linda Rianda asked if they could prohibit marijuana dispensaries in the city. Cole thought “there is a conflict with federal law, but the only court to rule has said no.” Cole said repealing the city’s three medical marijuana zoning ordinances would make city law “silent” on the issue. Then, if an application for a dispensary came in, the council might have to make a ruling for consistency’s sake.

He said applicants may argue for similar uses in city zoning to determine an allowance for a dispensary.

Planning Commissioner Mike Kirkley said he was the only “no” vote in a 3-1 commission recommendation to repeal the ordinances. Kirkley said if the city cannot have a moratorium, the council should keep the current ordinance.

Commissioner Robin Peters said the commission recommended repeal because attorneys advised them that the ordinance was violating federal law, which now may not matter. He said the commission also recommended the council make clear its stance on the issue.

Cole said he believed the commission and city council had the authority to be silent on the issue, or to also ban marijuana dispensaries with city code. “I believe you still have the policy authority to allow this use or not, even if you cannot rely on federal law,” he said. “So far, public agencies have won up to the appellate court.”

Peters said “in light of what the attorney said, the basis for our recommendation is no longer in place.” He said “if the council chooses to act on this, it should do so without our recommendation.”

Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.