Loma Linda is moving toward banning medicinal marijuana dispensaries by changing two of its municipals codes.
The planning commission will consider amendments to the Public, Peace, Morals and Welfare and the zoning chapters of the city codes. The amendments would prohibit dispensaries from setting up in any of the medical offices.
“(Dispensaries) just don’t sit with what the community is about,” said Konrad Bolowich, director of community development for the city.
Loma Linda placed a moratorium on the approval of medical marijuana facilities in 2009 to give the Loma Linda City Council a chance to examine whether the use should be permitted in the city, according to a staff report written by Bolowich.
The city was waiting the outcome of the Qualified Patients Association v. the City of Anaheim. Medical marijuana advocates challenged the assertion that local ordinances trumped state law known as the Compassionate Use Act.
But the judges ruling did not address the issue, Bolowich said.
“So this is a preemptive action,” Bolowich said. “We want to have something in place in case we’re faced with the issue.”
No one has applied for a permit to open the dispensary, but a few medicinal marijuana dispensaries have expressed interest in the city, he said.
Currently the dispensaries are not an allowed use. But at this time they are prohibited simply because they are not on a list of allowed uses, according to the staff report. And anything that is not listed as an accepted use is automatically prohibited, Bolowich said.
The codes structure is known as "permissive" zoning and should likely be more specific in mentioning dispensaries, according to the report.
Staff is asking the planning commission to vote in support. The City Council will make the final decision on approval.
The planning commission meets at 7 p.m. in the Loma Linda City Council Chambers, 25541 Barton Road. Information: (909) 799-2800