City's ban on marijuana dispensaries reaffirmed by council

While making amendments to the municipal code last week, the Menifee City Council voted unanimously to continue prohibiting marijuana dispensaries in the city.

To be in compliance with a new state law, the council was required to update an earlier ordinance that referred to "medical marijuana". Now that marijuana has been legalized for recreational use, cities must update the language of their ordinance.

In complying with state law, cities have the choice of whether to allow dispensaries within city limits. According to the staff recommendation approved by the City Council, "If commercial marijuana activities were to be permitted within the City, the City would then be eligible to receive funding generated from the state tax on commercial marijuana activities. However, in light of the negative effects on health, safety, and welfare that are likely with the legalization and permitting of commercial marijuana activities, staff recommends adoption of the proposed ordinance and the loss of potential revenue associated with marijuana businesses."

Council members voted to make the following amendments to the municipal code:

-- No marijuana dispensary of any kind will be allowed in Menifee. Section 5.50 of the code goes on to state, however, that "this chapter shall in no way limit the right to possess, use or cultivate marijuana for medicinal or recreational purposes as authorized by the laws of the State of California as set forth in the Health and Safety Code."

-- The amended municipal code also prohibits mobile dispensaries, defined as "any clinic, cooperative, club, business or group which transports or delivers, or arranges the transportation or delivery, of marijuana to a person for either personal, recreational, or medical use."

-- Indoor cultivation of marijuana in Menifee is allowed up to six plants per residence. Outdoor cultivation is not allowed. Any marijuana plants cultivated outside the home must be in an enclosed structure, such as a shed.

-- Marijuana cafes or lounges are prohibited.

-- Marijuana use on City property and public parks is prohibited.