Loma Linda Planning Commission Supports Marijuana Dispensary Ban

A recommendation to completely prohibit marijuana dispensaries in Loma Linda got the support of the city's planning commission and is now on its way to the Loma Linda City Council.

The commission discussed amending two chapters in the city municipal codes so that dispensaries would be banned from from the city. The vote was 3-0. Commission chairman John Nichols and vice chairwoman Lori Uber-Zak were absent.

“This is changing or clarifying the code,” said Konrad Bolowich, director of community development of Loma Linda told the commission. “Right now we have a moratorium on all dispensaries. But the moratorium will expire soon.”

The floor had been open for public comment, but no one approached the podium to speak. Only three people were seated in the audience for the commission meeting.

Commissioners had few questions on the issue.

City Attorney Richard Holdaway explained the change to the zone ordinance would make the ban permanent. The change to the Public, Peace, Morals and Welfare chapter would define the medical marijuana dispensaries as a public nuisance, he said.

“So we cover it in two different ways,” Holdaway said.

Loma Linda had placed a moratorium on approving medical marijuana facilities in 2009. That moratorium remained in place while the city awaited on 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 Holdaway said the judge in that case sort of “punted” the specific issue. So the city was going forward with their amendments based on the success of other cases.

“So this is a preemptive action,” Bolowich said during a Tuesday interview. “We want to have something in place in case we’re faced with the issue.”

No applications for permits for a dispensary have been filed, but a few medical marijuana providers have expressed interest in Loma Linda, 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 code’s structure is known as "permissive" zoning and should likely be more specific in mentioning dispensaries, according to a city report.