Goleta renews ban on pot shops

BY HANNAH GUZIK
DAILY SOUND STAFF WRITER

The Goleta City Council snuffed out the possibility that any new medical marijuana dispensaries will open soon in the city, voting 5-0 last night to enact a moratorium on the pot shops.
The 45 day moratorium — which could be extended to two years — is effective immediately and comes at a time when city government officials statewide are scrambling to come up with legislation that protects cities from both federal and citizen lawsuits.

“This is a difficult area of decision making because there are people in our community who feel very strongly about it – both pro and con,” said Councilmember Jonny Wallis during the 6 p.m. meeting at Goleta City Hall.
California’s legalization of medical marijuana is at odds with the federal government’s stance that all pot is illegal. In September the Federal Drug Enforcement Administration contacted some Santa Barbara property owners and said the property could be seized if the owners continued to rent space to medical marijuana dispensaries, according to Goleta city staff.
“This is a new development in the DEA’s war on drugs and one that hits particularly close to home,” the staff report on the moratorium states.
While facing pressure from the federal government to shut down local dispensaries, the Goleta City Council is also concerned about potential lawsuits from people who argue that permanently banning the dispensaries goes against state law. Recently a group called the Qualified Patients Association filed a lawsuit against the city of Anaheim challenging the city’s permanent dispensary ban, the Goleta staff report states.
“It’s because of these circumstances that we need to do something and probably do it quickly. That’s why I’m going to be supporting this ordinance, this moratorium,” Wallis said.
The council Monday opted for more time to weigh their options in dealing with the dispensaries. During the moratorium, the ordinance committee will likely review the issue and then make suggestions to the council.
Yesterday’s moratorium ordinance is the second for the city. The first, a 45 day moratorium enacted Aug. 6, was allowed to expire. After the expiration, the council became concerned about local DEA activity as well as the potential for a private lawsuit and decided that another moratorium was in order.
The city has also received inquiries from people looking to open up additional pot dispensaries in Goleta. “This interim ordinance will take care of that as an issue and make it a non-issue,” said Mayor Pro Tempore Michael Bennett.
According to the city staff report, there are three or four confirmed dispensaries operating in Goleta. They will be allowed to operate as usual under the new ordinance.
“I’m also very supportive of this,” Bennett said, referring to Monday’s moratorium ordinance and making a motion to approve it.
“I’m in favor of the motion but what concerns me is that the community has yet to discuss whether we’re going to continue having these facilities (medical marijuana dispensaries) in our city,” said Councilmember Roger Aceves. “We need to spend more time at the ordinance level to be able to flesh it out more thoroughly.”
Only one Goleta resident, Ann Ostrowsky, spoke up during public comment on the issue.
“I am very concerned about the problems happening locally relative to the number of arrests,” Ostrowsky said.
She suggested that a differentiation be made between medical marijuana growers and illegal growers, so the public and city would be able to distinguish between the two when a drug bust was made.
“It’s all over the news every time they make a bust,” she told the Daily Sound after the council vote. “I just think there might be a better way to keep us all safe.” The council will likely address the moratorium and its possible extension at their Nov. 5 meeting.