The Chula Vista City Council delayed a vote Tuesday night to create an ordinance that would permit, license and fully regulate commercial cannabis sales within the city.
After hearing hours of public comment, the City Council kicked back a proposed ordinance to city staff for fine-tuning.
Currently, Chula Vista prohibits the operation of marijuana dispensaries and the commercial cultivation of marijuana in the city.
But that could change if the council approves a modified ordinance at its Feb. 20 council meeting.
The proposed ordinance would allow for 12 commercial licenses, including some storefronts.
However, one of the areas of fine-tuning is the application process for obtaining a city license.
One of the requirements for a city license would be that applicants have at least 12 consecutive months of “lawful cannabis activity, within the previous five years, in a jurisdiction permitting such commercial cannabis activity,” or at least have an owner or a manager with at least three consecutive years managing or operating a lawful alcohol or pharmaceutical business.
San Diego attorney Jessica McElfresh, experienced in cannabis law, suggested the City Council change the requirement.
“The people who have been operating permitted cannabis businesses for 12 months, do you know who they were before they had those permits?” McElfresh, asked the city council.
“People who never operated a permitted cannabis business before. They really are no more special than that and we would be remiss to deny the opportunity for other people to partake in that.”
McElfresh said people involved in the cannabis industry come from different professional backgrounds, including the medical field, military, clergy, education and law enforcement.
The City Council agreed that city staff should reconsider the experience factor for its next meeting.
“One of the things I heard that we really need to take a second look at is that expert requirement,” said Mayor Mary Casillas Salas. “I think there were enough people here who made a good case that we may be limiting potential operators who may have vast experiences in running other businesses that don’t necessarily fit into the requirement we have in the ordinance.”
The ordinance also notes that applicants must have a clean criminal record and have no past history of illegally opening or operating a dispensary in Chula Vista.
Illegal dispensaries have operated in Chula Vista for the past few years.
According to Deputy City Attorney Megan McClurg, 35 illegal pot shops have been shut down in the city with eight still in operation.
In 2016, Californians approved Prop. 64 to legalize recreational use of marijuana. Individual cities, however, can set their own laws permitting marijuana sales or banning sales altogether.
If an ordinance is passed, voters will then vote in June on taxation of the drug.
