UPLAND >> If three medical marijuana dispensaries were allowed to operate legally in the city, background checks could be conducted on the three business applicants, according to City Attorney Richard Adams.
Adams informed the council of its legal option during Monday night’s council meeting.
Adams told the council that staff could impose the requirement in either of two initiatives that aim to overturn the city’s ban on dispensaries.
“Background check can made apart of the permit process should medical marijuana dispensaries ever become legal in the city,” he said.
A current initiative petition is being circulated to get voters to legalize dispensaries and could bring the issue of medical marijuana to the voters sooner than the November 2016 election where another initiative will be placed on the ballot. The deadline to gather appropriate signatures – needed to qualify to be put on the ballot – is Dec. 7, Adams said.
Once the city clerk receives the signatures, staff will have to review the signatures to ensure they are valid, eliminate duplicate copies. The petition is then sent to San Bernardino County Register of Voters who will conduct a more in-depth review.
“If there is a minimum of 10 percent of registered voters then the matter will be placed before the City Council at the next city council agenda,” Adams said.
At that meeting, the council will have three options: to adopt the ordinance without alteration, place it on a special/general election or it could order a report on the initiative.
Adams told the council if the current initiative qualified for a special election the city would have between 88 and 103 days to order the election.
The proposed ballot measure almost mirrors the initiative set for the November 2016 election; the biggest difference is the $75,000 in licensing and inspection fees for the dispensaries has been reduced to $15,000.
Randy Welty, business owner and a member of the California Cannabis Coalition – which backed the first measure – said he is not behind the current initiative but is in support of it.
“I’m not at liberty to say how far along for qualification, but it’s not going to have a problem,” he said.
Pat Almaza, resident and staunch opponent of the dispensaries, spoke out against council members Gino Filippi and Debbie Stone for requesting the item on background checks.
“I don’t understand why they are supportive of the pot initiative – my guess would be the money. Any tax derived from pot sales, in my opinion, is blood money obtained off the backs of our youth,” she said. “No tax could ever cover the costs of what this gateway drug would cost the city.”
Almaza’s comments prompted both council members to fire back a response.
Filippi said he is sympathetic to people who need to use medical marijuana for health reasons but that he believed residents should have the right to vote on the issue.
Stone echoed his sentiments.
“If you want to know my opinion, and the ones that said their comments, they know where I stand on this,” she said. “I’m not pro-marijuana, but I believe it’s not my decision. It’s your decision, you as the residents of Upland make the decision. Go to the polls and vote on it and guess what, it all goes away.”
Under the current initiative, only three dispensaries would be allowed to operate in Upland. If this measure moves forward, the dispensaries would be in the northwest area of the city from Foothill Boulevard to the south, Airport Drive to the east and Monte Vista to the west. Portions of Cable Airport are to the north of the zone. The dispensaries would be away from schools, parks, and residential communities.
Unlike the November 2016 initiative, Upland will not be able to contend the fee is a tax since the $15,000 fee matches the estimated costs reported by the city.
“Instead of the city making out and having a more lucrative opportunity, because it’s not going to go away, you are forcibly putting this city in a horrible position,” Welty said.
This is not the first time Upland has been at the center of attention for medical marijuana.
Prior to the November 2016 initiative, an initiative was circulated in an attempt to overturn the city ordinance. In 2012, Aaron Sandusky, then president of G3 Holistics, started a measure but it failed when the group failed to properly publicize it.
Paul Chabot, who is running for Congress, said he will bring 50 of his campaign volunteers to the city to ensure residents oppose the measures.
Chabot said all eyes are on Upland as other cities facing similar efforts watch how its residents respond to efforts to legalize medical marijuana.
“The story is Upland is getting bullied,” he said. “We encourage the city to stay strong and stay the course.”
