COUNCIL TO VOTE ON MEDICAL MARIJUANA BAN

The California Supreme Court will take another 30 days to decide
whether to preside over Long Beach's medical marijuana ordinance
debate -- but the City Council still is scheduled to vote on a ban
next Tuesday.

In December, the City Council discussed at length the potential to
pass a ban on all medical marijuana collectives, but found itself in
a deadlock 4-4 vote with First District Councilman Robert Garcia
absent. Eventually, the measure was delayed until next Tuesday, Jan. 17.

The City Attorney's Office had requested that the California Supreme
Court take on the Pack v. City of Long Beach case that nullified the
city's current ordinance -- specifically a lottery and permitting
process. The court announced it will take its allowed extra 30 days
to decide -- it must make a decision now by Feb. 8.

Some people said they have hoped the Supreme Court would take up the
case in order to provide clarity on the medical marijuana issue
across the state.

"I've been through this (process) many times, and a lot of people see
that extension as saying that they're really thinking about it, but I
think it's more of a workload issue," City Attorney Robert Shannon
said. "I don't think it's indicating a good thing or a bad thing."

Advocates for medical marijuana, at the very least, said they are
asking the City Council to wait until the Supreme Court figures out
what it is going to do. During Tuesday's council meeting, there will
be no public comment period, because that was taken during the
December meeting before the vote was delayed.

"We are hopeful and concerned," said Carl Kemp, spokesperson for the
Long Beach Collective Association. "We are hopeful the council will
see the prudence in simply waiting the three or four weeks for the
Supreme Court's decision."

The Long Beach Collective Association and Patients First, a nonprofit
part of Citizens for the Fair Treatment of the Disabled, have agreed
to form an alliance to lobby against a full ban. Matthew Pappas, the
attorney representing Pack, also is working as the spokesman for
Patients First.

Pappas said he has filed emergency motions in the Appellate Court and
Supreme Court, should the city pass a ban, in order to try and stop
the city from preventing people from getting their medicine.

He said there is no good reason for the city to enact a ban before
letting the legal system figure things out.

On the other side of the issue, Shannon and said the city's hands are
tied unless it enacts a ban.

"Our ordinance is in limbo," he said. "We can't enforce it and
effectively regulate these businesses. (We need the ban) at least for
the interim, until this is clarified."

Police Chief Jim McDonnell is expected to testify, as he has said in
the past, that his department is in favor of a complete ban.

Officials and advocates both said new collectives have opened around
the city since the initial court ruling struck the medical marijuana
ordinance down. Should a ban go in place, Kemp said it was likely the
city would face a multitude of lawsuits.

"But we'd rather not have this go to court," he added, noting that
Long Beach Collective Association members were willing to comply
voluntarily with the city's original ordinance, a difference between
them and "renegade" collectives that have cropped up again.

The city collected more than $500,000 in fees for the lottery
process, money that may have to be refunded at some point.

"Depending on what is done, as staff we'll have to figure out how to
handle those issues and probably others," Assistant City Attorney
Mike Mais said.