Three citizen initiatives are circulating in Chula Vista in an attempt to change the city’s laws in the regulation of marijuana in the county’s second largest city.
Residents Juan C. Villegas filed two notices of intent to circulate petitions and Timothy R. Achter submitted a petition for the city to consider regulating both medicinal and recreational use marijuana.
Villegas’ first petition submitted to the city clerk’s office on July 27 states that his proposed action is “to provide clear zoning and regulation for commercial medical marijuana activities in the city of Chula Vista.”
His second petition on Aug. 7 along with Achter’s on July 27 state that they want to “clarify and refine marijuana regulations in city of Chula Vista” and “to strengthen patients rights’ and safeguard patient privacy.”
Chula Vista’s Municipal Code prohibits the operation of all marijuana dispensaries for both recreational and medicinal purposes.
Although Villegas and Achter are the petitioners, all questions regarding their efforts were directed to Dallin Young, executive director of the Association of Cannabis Professionals.
Young said both Villegas and Achter filed the initiatives on behalf of his organization because only Chula Vista residents can propose changes to legislation.
In Chula Vista, an initiative is the power of the electors to propose a new ordinance. Electors of the city may submit a purposed ordinance by filing a petition with the city clerk that contains the required number of signatures and is otherwise compliant with applicable law.
Young said per state law, the sale and taxation of cannabis will be legal in California starting Jan.1, 2018 and he wants to make sure Chula Vista amends its municipal code on marijuana sales before then.
“Essentially we want to make sure Chula Vista is going to have something on their books by that time,” Young said.
Recent changes to the city’s municipal code have increased the amount of civil penalties that may be assessed against violators and now permit criminal persecution of violations as misdemeanors.
Last November Californians passed Prop. 64 making it legal for residents over 21 years old to smoke marijuana in private and hold up to 28.5 grams of weed or 8 grams of concentrated marijuana in their possession.
On Jan. 1 the state will begin issuing retail licenses to allow dispensaries to sell and profit from recreational pot.
Prop. 64, however, allows local jurisdictions, including the city of Chula Vista to prohibit commercial recreational marijuana businesses, including dispensaries and cultivation sites.
In 1996 voters approved Prop. 215 passed which allows for medical marijuana sales and use in California.
Young said he hopes the city council will approve one of the petitions, barring Chula Vistans the cost of a special election.