45-Day Moratorium

By: Sarah Warren

Upon the passing of Prop 64 in California, the public is filled with mix reviews. Some are pro legalization believing that the act of legalizing will strip away the negative stigma associated to cannabis.  While others believe that big business will commercialize the culture of Marijuana, minimizing it’s sub-culture persona, becoming yet another means for capitalist gain. While both sides of the issue are relevant, we are in a time where cannabis is entering a new market. The new law has legalized the use, sale, and cultivation of cannabis for recreational purposes. San Diego, for the most part, has been a pro-cannabis city with licensing for 15 medical dispensaries since 2014. The passing of Prop 64 changed the game and has the city of San Diego in conversation about the future of legalization and what all this means for local businesses.

On November 16th 2016, city council responded to the new law by placing a 45 day moratorium on the cultivation and sale of recreational marijuana. However, the moratorium does not supercede already established medical dispensaries, so medication to those who need it is still available. A moratorium is simply a “legally authorized period of delay in the performance of a legal obligation.” Historically, moratoriums are a common practice when dealing with new laws in which a city is unprepared to legislate.  

Effective January 1st, San Diego has 45 days to enact new legislation and regulations. Under the law, cities have the right to impose this measure. In perspective, it’s not as bad as it may sound. The moratorium allows for the opportunity to further the discussion, create looser zoning regulations in order to protect recreational dispensaries, and make it less likely for illegal dispensaries to open. This does put limits on recreational cannabis, but regulation is necessary when dealing with such a large issue that affects so many people. The moratorium is necessary and speaks to the character of the city. City council members believe the moratorium is a priority because awareness will pacify fears associated to the issue.

The concern which is expressed by many people already in the cannabis industry is that the outcome of the moratorium will be more regulations. More regulations mean a higher chance of banning recreational dispensaries. In areas such as East County, this is true. Supervisors are very much against allowing the space for recreational cannabis, which makes it hard for new business to create a market. With taxes from recreational cannabis sales going to law enforcement, the hope is that regulations which the City of San Diego are defining will eventually affect the surrounding areas. It’s only a matter of time before we experience a more inclusive atmosphere from the revenue that recreational cannabis will yield. As cities see how much money is associated with allowing for recreational dispensaries, it’s only a matter of time before regulations are more laxed and temperaments shift. San Diego is using this time to restructure their marijuana laws that they can be encompassing to Prop 64, with the hopes that a moratorium will do more good than harm.