November 4,2018
Some Valley towns are embracing the new pot-based economy. Not Visalia.The City of Visalia is strongly objecting to proposed new state regulations on cannabis that the city says decreases local control.
The proposed new rules would replace the emergency regulations that were adopted by California in December 2017.
But the city objects to several aspects to the rules and are urging more time to allow comments.The comment period currently ends Nov. 5 at 5 p.m.
In a letter to the new state Bureau of Cannabis Control released Friday Visalia Mayor Warren Gubler said two sections of the new rules published October 9 include a” section that not only strips local governments of the ability to prohibit cannabis deliveries but also disallows local governments from regulating deliveries in any manner that exceeds the provisions of these regulations.”
“California’s voters were assured that “Proposition 64 preserves local control.”1 By removing local governments’ ability to regulate cannabis deliveries, this provision undermines the very foundation of local control and imposes a ‘one size fits all’ form of cannabis regulation” says Gubler.
In addition the city objects to a short time-line proposed for applications under the new regs.
The letter states“ As it stands, 10 calendar days does not afford cities sufficient time to review annual license applications and respond to the BCC. Under this scenario, a city could receive a local license inquiry upon the close of business on a Friday, leaving the city only one workweek to investigate, review and respond to the BCC. Such a rushed timeline would favor those who intend to circumvent local requirements, rather than comply with them, undermining a fundamental pillar of Proposition 64.”
“Ensuring that the City of Visalia has approved a temporary, provisional,2 or annual license is key to promoting public safety and should not be reduced to an over-the-counter approval process. As such, the City of Visalia believes the finalized regulations should be amended from a 10-day to a 60-day verification period in section 5002(c)(28), in order to both reflect current law and ensure an appropriate amount of time to confirm whether local licenses are indeed valid.”
Police busier with cannabis complaints
Gubler adds that the city “strongly opposes allowing cannabis deliveries within the City of Visalia. The resources required to handle cannabis businesses in Visalia will pull on already strained city resources, and police are unable to increase responses to cannabis related complaints.
Since the passing of Prop 64, city services such as police, fire, and code enforcement have seen cannabis related complaints double as a result of cannabis related activity, says the city.
“Additionally, the Visalia Police Department Narcotics Unit is currently handling three times the cannabis cases prior to the passing of Prop 64. The enforcement is infrequently subsidized by financial seizures that can be used for equipment to aid in future enforcement of illegal cannabis activity. These seizures are subject to lengthy adjudication and will not be enough to continue the level of enforcement required by our community. With these new regulations the city will fail to benefit on the taxes generated by legal delivery operations. This would essentially force the city into allowing cannabis businesses which goes specifically against what the Visalia voters wanted when they voted No on Prop 64.
Additionally, the City of Visalia objects to 10 days as a realistic timeframe to review annual license applications. The police department conducts numerous background checks that require staff to conduct.”