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South Lake Tahoe confident; keeps pot ordinance intact


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By Kathryn Reed

“Bring it on!”

That was essentially what the five members of South Lake Tahoe’s City Council said Tuesday night at the conclusion of a one-hour special meeting about the medical marijuana ordinance.

“Let them react to us for a change,” Councilman Tom Davis said after Councilman Bruce Grego led the charge to stick with the status quo.

The reference is to the feds who keep waffling on what their stance is in regards to medical marijuana as well as to the recent Pack vs. Long Beach court decision.

The Nov. 29 meeting was a continuation of the Nov. 15 meeting when attendees spilled into the lobby area where they had to watch the proceedings via a television monitor. The latest meeting, though people nearly filled the room, was much more subdued with only five people speaking.

All the council members agreed much give and take has gone on for the last two years to come up with what all sides affected locally believe is a viable, comprehensive and fair ordinance for regulating the three dispensaries and dealing with growing medical marijuana in residences.

City Attorney Patrick Enright presented five scenarios to the council. They ranged from doing nothing to banning dispensaries completely.

After the meeting, Enright told Lake Tahoe News, “I think they made the right decision.”

While an attorney better versed in the topic was consulted and recommended tweaking the ordinance, Enright believes in what is on the books, as does the council.

It was also pointed out that something new about the topic seems to emerge monthly – whether it’s a court decision, litigation, policy change or something else. Neither the council nor city staff wants to keep hashing out the issue.

As Grego said, the city needs to move on and start addressing other issues besides medical marijuana.

Plus, there is no truly safe decision the council could have made.

“I think we could get sued no matter what we do,” Councilwoman Angela Swanson said. “We can’t act based on the fear of litigation.”

While the ordinance remains in effect without change, all cities in the California with medical marijuana dispensaries are waiting until the state Supreme Court decides if it will hear the Long Beach case. That decision is expected by Jan. 10. If the jurists hear the case, a decision could take more than a year. If they don’t hear it, then the Long Beach case is the law of the land and South Lake Tahoe would have to revisit the issue. Or the top court could depublish the Long Beach decision, making it enforceable only within the limits of the Southern California city.

South Lake Tahoe has asked for the federal government to issue a ruling on the city’s ordinance but as of Nov. 29 had received no response. And while the feds have sent letters to dispensaries in some California cities to cease and desist, the three dispensaries in South Tahoe have received no such letters to date.

 

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Comments (15)
  1. Steve Kubby says - Posted: November 30, 2011

    “Bring it on!” They really said that? What a pathetic and shamefully immature response by a governing body. It is sick people, not illegal growers who will suffer from this ill-concieved and unworkable ordinance.

    History will show this was a monumentally expensive and stupid decision, based upon incompetent legal advice and brazen egotism.

    Apparently, the members of the city council don’t care what it costs to litigate this illegal ordinance and they openly dare anyone to test them.

    In fact, the council has already made it clear that they have no interest in negotiations or discussion and the only way they will end their war on sick people is with a lawsuit.

  2. Steve Kubby says - Posted: November 30, 2011

    The problem is that illegal growers, once they are caught, have the money and energy to jump through the numerous legal hoops created by the new ordinance.

    Meanwhile, they can easily obtain a recommendation letter for just about any problem, from a less than ethical pot doc.

    In contrast, genuinely sick people do not have either the money or energy to comply and THEY will be ones who suffer.

    Frankly, this new ordinance will become a magnet for otherwise illegal growers, since it provides unprecedented immunity, once they comply.

  3. Skier says - Posted: November 30, 2011

    The Council finally made a good, informed decision.

  4. Enough already! says - Posted: November 30, 2011

    Why would South Lake Tahoe need more pot stores than grocery stores? I think three is more than enough for our small population. Everyone needs to eat, not everyone needs to smoke. For once, I agree with the Council.

  5. jimbeam says - Posted: November 30, 2011

    HAHAHAH I HOPE THE FEDS COME IN AND SLAM THE HAMMER DOWN ON THIS BS CITY COUNCIL “BRING IT ON ” OH I HOPE THEY DO!!!!!

  6. the conservation robot says - Posted: November 30, 2011

    Says the person named after the most destructive drug in America.
    You support federal chargers and jail time for victimless crimes?
    M-word.

  7. snoheather says - Posted: November 30, 2011

    Robot- The city council has created many victims with the vast amount of failured policies they are known for. I think you took Jimbeam’s comment the wrong way. It sounds to me that they are against the arrogance of the city council memebers.

  8. snoheather says - Posted: November 30, 2011

    Robot- The city council has created many victims with the vast amount of failured policies they are known for. I think you took Jimbeam’s comment the wrong way. It sounds to me that they are against the arrogance of the city council memebers.

  9. Dan Wilvers says - Posted: November 30, 2011

    While an attorney better versed in the topic was consulted and recommended tweaking the ordinance, Enright believes in what is on the books, as does the council. (Quote from article)

    Is there a link to another article that outlines the current city ordinance spoken of here? Or perhaps someone could enlighten me?

    Also what exactly is the Long Beach case the state supreme court may or may not visit, and would become law if they don’t?

    I know so many questions. :)

  10. sandsconnect says - Posted: November 30, 2011

    City Council will be sued by patients and face problems by the federal government. Passing these was the abosolutely dumbest thing they could have done.

  11. admin says - Posted: November 30, 2011

    The hyperlink to the Long Beach case is already on the story — just like it was in the previous story.

    The city’s website is now easy to navigate — so feel free to do searches on it in the future.

    Here is a link to residential issues: http://www.cityofslt.us/index.aspx?NID=636 .. and the ordinance can be accessed from there. That page will get you to the ordinance regulating dispensaries, too.

    Kathryn Reed, LTN publisher

  12. jimbeam says - Posted: December 1, 2011

    To Robot
    I was stating how the decision they just made was not very thought out on there part so like i said bring the hammer down on THEM they are a joke, and my name is for anonymity it was the first thing that popped into my head.

  13. JT Davis says - Posted: December 2, 2011

    My previous comments were taken off, because admin doesnt agree with what I wrote. Im curious what Steve Kubby worte as a responce to my post, since i cant view either of them. Yet I see Kubbys first 2 rersponces which are attacking and inflammatory, yet they remain this page….

  14. admin says - Posted: December 2, 2011

    You are absolutely correct J.T. in that comments by you and Steve Kubby were taken down. I also sent this email to both of you, so don’t act like this came as a surprise:
    Gentlemen,

    I have taken both of your comments down from the website. As I made a public post earlier today to someone else — attack ideas, not people.

    No one really cares what you think of each other. I think we all actually know.

    But you both have valid and legitimate opinions that I encourage you to express. Do so without attacking each other. And that way you will make your opinions seem more credible without all the pettiness.

    Kae

    J.T., if you can’t see the difference between attacking an individual vs. an elected body’s decision, well, maybe your dad can help with that. This involves libel law.

    Kathryn Reed, LTN publisher

  15. I' m a prisoner caught in a cross fire says - Posted: December 2, 2011

    Don’t feel bad JT ,I think we’ve all been bumped because reasons that reach further than what referred to as good taste.

    Speak for yourself, leave the council members.OTHERS, remarks fending for themselves.
    After all,POP did change your diapers.

    POLICE-OFFICERS SEE LOTS THINGS DIFFERENT THAN THE NORMAL JOES.
    HAVE A GREAT DAY.