[h=1]Supervisors to look at extending marijuana dispensary moratorium; local dispensaries frustrated with continuance[/h] Megan Hansen/Times-Standard
Posted: 01/22/2012 02:19:18 AM PST
A temporary moratorium on new medical marijuana dispensaries in the county will likely be extended Tuesday during the afternoon session of the Humboldt County Board of Supervisors meeting.
The 45-day temporary moratorium was initially approved by the board on Dec. 13 in response to a recent crackdown by the federal government.
Deputy County Counsel Davina Smith said the legal landscape hasn't changed much since the moratorium was first approved.
We're still kind of in legal limbo, Smith said. We think we should continue to go forward with the moratorium.
Smith said cities and counties are now looking to the California Supreme Court for answers. She said the court has taken on three cases, including the Pack vs. Superior Court case, to see whether local governments can regulate marijuana dispensaries. Pack alleged federal law -- which marks marijuana as an illegal substance -- pre-empted the city of Long Beach's right to regulate marijuana in the state.
The California Supreme Court agreed last Wednesday to review how cities and counties regulate marijuana dispensaries. Smith said the court will likely address issues surrounding Proposition 215 and state Senate Bill 420.
It looks like, perhaps, the Supreme Court is looking to settle the issue, Smith said.
