“The Palm Springs City Council voted tonight to approve an urgency ordinance relaxing regulations for medical marijuana collective operators and awarded permits to two applicants seeking to open dispensaries in the city….”

One of the collectives that received a permit, Desert Organic Solutions Collective, is a consulting client of mine. Read the entire story online.

Palm Springs City Hall

City Councilmembers in Palm Springs asked city staff to write amendments to the city’s zoning code that would soften restrictions on where medical cannabis collectives can be located at their meeting on Wednesday night. Councilmembers want new language allowing flexibility in locating collectives close to schools, churches, homes, and retail/commercial uses. The City Council’s request will delay a final decision on which two of the remaining four applicants receive a permit.

The City Council’s push to ease regulations stands in contrast to efforts by some Los Angeles City Council members to adopt increasingly severe restrictions on proximity to sensitive uses in that city. Perhaps the reason for the difference can be seen in comments by Palm Spring City Councilmember Ginny Foat, who urged her colleagues to ignore legal reservations raised by City Attorney Douglas Holland regarding sales of medicine in collectives, saying they must “let it happen.” Councilmember Foat deserves credit for her compassionate and pragmatic approach.

City Attorney Holland told City Councilmembers that collectives should not be involved in any “transactional events,” a reference to sales of cannabis to members in the collectives. This comment surprised Councilmembers and spectators. The Palm Spring medical cannabis ordinance clearly anticipates the kind of incremental reimbursements for medicine patients are accustomed to paying in facilities all over California. Holland’s comments echo the position of Los Angeles City Attorney Carmen Trutanich and District Attorney Steve Cooley, who hold that all sales of cannabis are illegal. This opinion runs contrary to state law, the Attorney General’s guidelines, and court rulings on the topic. Let’s hope Palm Springs City Councilmembers hold the line on the obstructionist interpretation of state law.

City Staff will send new language to the Planning Commission in January, which must approve the changes before a final vote of the City Council. That should clear the way for a decision on which two of the four applicants will be selected. Some of the applicants at Wednesday’s hearing complained that the City Council should not change the ordinance during the application process, preferring that the applicants be evaluated on the existing criteria before exceptions are made.