Petition out to legalize commercial cannabis
With enough signatures, city would have to vote on it or put it on ballot
A Manhattan Beach resident is trying to legalize commercial cannabis in the city.
Philip Wandel has served the city with a proposed initiative to remove restrictions on marijuana cultivation and sales and now will work to get enough registered voters to sign a petition, which would force the City Council to either vote on the suggested ordinance or place it on the ballot in a future election.
The initiative, if it becomes law, would repeal Manhattan Beach’s existing prohibition on commercial cannabis activity, allow up to three state-licensed dispensaries in the city and create operational, design and location requirements for those businesses. The council also would have the discretion to legalize other cannabis uses.
Currently, medical and recreational cannabis businesses, collectives, cooperatives and other
commercial cannabis activities are not allowed in Manhattan Beach under the city’s municipal code.
Commercial cannabis, both of the medicinal and recreational variety, is legal in California. But cities can ban such businesses via their zoning codes. And none of Manhattan Beach’s neighbors allows commercial cannabis activity.
“There are no legal outlets for the lawful purchase of cannabis and cannabis products by qualified patients in need of (it) for medicinal purposes and adults over the age of 21,” George Yin, Wandel’s attorney and spokesman for the initiative, said via email. “Instead, an illicit market continues to flourish with unregulated and untested cannabis being sold (in) or delivered (to) Manhattan Beach.”
Wandel is not in the cannabis business, Yin added, but is an advocate for sensible cannabis regulation and access.
Wandel gave the title and summary of the initiative to the city July 27. He has six months from then, or by January, to collect enough signatures, said City Attorney Quinn Barrow. If at least 10% of Manhattan Beach’s registered voters sign the petition, he added, the City Council will discuss the initiative and decide whether to adopt into law or put it on the ballot for the next regular election that occurs at least 88 days later. The council could also call for a special election, but that would likely cost more money.
Manhattan Beach has nearly 27,000 registered voters, according to the Los Angeles County Registrar-Recorder/County Clerk, so the petition needs about 2,700 signatures.
Wandel can start collecting signatures for the initiative, called the Manhattan Beach Cannabis Regulation and Public Safety Measure, after notification in local publications.
Cannabis businesses wouldn’t be taxed, per the proposed ordinance, but can receive “points” by pledging to directly contribute the equivalent of 2% of their projected gross profits to a public school, public park or nonprofit community organization in the city.
The point system would be used to evaluate business permit applications, so such a pledge would give certain dispensary applicants better chances opening in the city.
If Manhattan Beach does create a separate ballot measure to tax cannabis retail sales, Yin said, the Cannabis Regulation and Public Safety Measure could generate “substantial public revenue.”
The ordinance would legalize commercial cannabis cultivation, manufacturing, distribution and lab testing while prohibiting cannabis microbusinesses, allowing permitted retailers to operate, including deliveries, in commercial districts more than 1,000 feet from schools and youth centers, and 850 feet away from daycare centers.
City Manager Bruce Moe would have the authority to enforce regulations on the businesses as necessary, according to the proposed initiative, as well as suspend or revoke permits if a company violated any rules. Whenever there are fewer than three active cannabis retailers in the city, Moe can reopen the 30-day application period for new similar businesses.
Even though Manhattan Beach currently prohibits commercial cannabis, residents can grow up to six marijuana plants in their homes or connected structures. Cannabis deliveries are not allowed, however, and the plant can only be smoked in single-family residences and duplexes.