Home > elections, marijuana > California cities reject marijuana dispensary ban

California cities reject marijuana dispensary ban

California voters may have shot down Proposition 19, which would have legalized small quantities of marijuana for adult use, but some cities in the Golden State made gains in the ganja front.

The cities of Morro Bay and Santa Barbara rejected measures that would have banned medical pot dispensaries.  And in Sacramento, more than 70% of voters approved a tax of up to 4% on the capital’s registered dispensaries (there are 39).

  1. November 5, 2010 at 8:39 am

    The City of Rancho Cordova passed and ordinance that requires hefty fees for growing marijuana. A bit over the top, imo:

  2. High Finance
    November 5, 2010 at 9:05 am

    So cities are allowed to ban medical pot dispensaries (ie; drug houses)?

    So why can’t Eureka put such a measure on its ballot?

  3. November 5, 2010 at 9:32 am

    So why can’t Eureka put such a measure on its ballot?

    Do you really want to go there? Once they vote out the medicall mj dispensaries, what other businesses will the voters vote out?

    What I would like to see- whether at city, county or state level- would be some way to punish the growers who rent places for growing pot and cause thousands of dollars of damage to homes.

    Whether it be a civil or criminal penalty, I don’t know, but I get tired of hearing about these growers getting away pretty much scott free after messing up a house they rent.

  4. Goldie
    November 5, 2010 at 9:32 am

    Times-Standard article on future dispensaries in Eureka: Workshop fields business questions on Eureka medical marijuana ordinance.
    “Humboldt Patient Resource Center Director Mariellen Jurkovich said she would like to open up a facility in Eureka, as patients at her Arcata facility have requested it. They have already proven they can run a successful business, and she appreciates the friendly and pro-active manner in which Eureka has approached the process.”

  5. Dogenpony
    November 5, 2010 at 9:49 am

    Fred, landlords need to take some responsibility too. Rental contracts, walk-thrus, common sense…

    November 5, 2010 at 9:56 am

    Fred above @ 9:32am,

    many home-owners and rental owners and business owners and generally good neighborhood folks would agree with your straightforward logic. A catch is, HOWEVER, those (?)owners who ALLOW the activities in exchange for higher rents/royalties/incomes to pay FOR ALL THOSE those super-inflated and overly expensive AND false valuated taxes on real-etstate, higher sewer and water costs, costs of everyday living, etc!

    Sadly due to lack of education for the over-populated planet we live on, many problems are created by unsustainable market conditions created by FASCIST PYRAMID SCHEMERS who create algorithmicaly these societal high costs in today’s practical reality. So, apparantly “HIGH” seems to be the monetary reasoning that pro and con mj opiners have no matter what part of economics and general welfares any community may or may not have. The only real re-course is civil suits for intentional inflictions of injuries through gross negligiences, willful misconducts, etc… the same thing that many elected officials and public employees should have been getting hammered on for decades now.

    Jeffrey Lytle
    McKinleyville – 5th District

    November 5, 2010 at 10:00 am


    it don’t matter unless the (?)owner is willing to go to court. So, weighing the costs of litigation and recoverable damages is always like odds at playing the lottery. You had better be serious, in control, have ample evidence and an annihilate attitude toward abusers and those who lack integrity. TIME is often a good sorti as well. IOW, show patterns with audio, video, letters, communications, other documents, etc….! Too many people think they own stuff and rights that they don’t. Good words above.


  8. Barb Leonard
    November 5, 2010 at 10:40 am

    Hi Fi, medical cannabis is not illegal. You can’t ban dispensaries of a legal product. It would be like banning breweries for selling beer.

    I know where you are coming from because I am totally anti-drugs of any sort, however, my son has educated me about medical cannabis and the ramifications if the sale and growing of it were to remain unencumbered by a restrictive ordinance.

    It’s a legal product so the only way to ensure you have a handle on it is to approach it as a land use issue and not only limit the number of dispensaries but also the number and size of the grows.

    I, too have a “head in the sand” attitude about pot, but Jeff, who is certainly not pro pot, has convinced me being proactive will benefit the city in the long run.

    I know he is correct, and he was also correct when he told me months ago that Prop 19 wouldn’t pass this time around.

    Hopefully, with the new ordinance being discussed, we can limit the sale of medical pot to those who really need it. So far the whole thing has been a joke because there are no laws on the books.

    I know you don’t want to see the rampant (marijuana) grow and sales continue with impunity, so, let’s do the second best thing to “banning” it: let’s control it with-in the law.

  9. tra
    November 5, 2010 at 10:43 am

    The truth is that local landlords want it both ways: they love collecting the inflated rents that are kept high by the competition between growers, students, and other residents, but not the problems that go along with having a grow in one of their own units. (On the other hand there are those landlords who rent to growers with the full knowledge of their plans to use the residence as a grow, and with an even-more-inflated rent.)

    So while they may compain about damage done to a particular unit, it’s not in the financial interests of local landlords to do away with indoor residential grows. Why? Because the rent is too damn high. Sorry, couldn’t resist!

  10. Anonymous
    November 5, 2010 at 11:02 am

    You can claim all that, tra, but the truth is the costs involved with getting a place back in order after a grow are not recouped by these high rents. I have lots of rentals and know this to be a fact.

  11. Anonymous
    November 5, 2010 at 11:03 am

    also, rents in other cities, especially college towns in California are higher than here, without growing pot.

  12. tra
    November 5, 2010 at 11:29 am


    For the individual landlord who does NOT know about or approve the grow and therefore only gets the “regular” inflated market rate for the rent (inflated by the competition but not hyper-inflated through an agreement between landlord and grower) but who nonetheless ends up with a big clean-up mess from a commercial grow, what you say is certainly true. But for the lucky landlord who gets the inflated market rent for renting to a non-grower, or a grow where there is no mess left behind, they certainly end up ahead, though they may not realize how much lower rents would be without the additional demand for rentals that is attributable to these grows.

    So I should have been clearer, and stated that landlords who have actually had big problems with messy former-grow sites in their units, grows they had not agreed to, really are losing out, and are understandably going to be among those most opposed to indoor residential grows. But as a class Humboldt landlords probably gain a lot more than they lose, on average, whether they realize it or not.

    By the way, just so you know where I’m coming from: I’m against commercial indoor residential grows, for a number of reasons, including energy use, neighborhood impacts, the general unsuitability and inefficiency of growing hundreds of plants in a structure designed for as a dwelling, not as a site for industrial-scale horticulture.

    And one of the main reasons for my dislike of these indoor residential grows is that they create a shortage of housing for people who are simply looking for a place to live rather than a place to do business. These are the folks who are suffering the most from the fact that the rent is too damn high. Unlike the landlords, many and perhaps most of whom benefit from the inflated rents without personally bearing the costs of a grow-scene-gone-wrong, everyday people who must pay the inflated rents for a place to live are getting nothing in return.

    But, yes, I do have sympathy for those landlords who through no fault of their own, end up with an expensive cleanup mess, or worse yet a fire. I would much rather see all cannabis grown outdoors, or in a greenhouse. The problem is how do we move toward this common-sense approach.

  13. High Finance
    November 5, 2010 at 1:13 pm

    Yes Fred, I “want to go there”. For crying out loud, are you comparing drug houses to barber shops now?

    There is nothing “medical” about pot. Just as there is nothing medical about Popov Vodka or cocaine.

    Landlords do NOT want to rent to dope growers. The houses get a lot of permanent damage by growers & there is the risk of having their houses seized by the government. And that isn’t even talking about the risk of fire.

    The grow houses are allowed to exist by lazy or naive or trusting landlords. Other landlords are uninformed of their rights to inspect their properties or are intimidated by the renters.

  14. Anonymous
    November 5, 2010 at 1:43 pm

    I do regular inspections and in between when we suspect something and we still have grows. We have a place that the mold just keeps coming out of the woodwork and the poor people who live there keep having to put up with it and so do we, due to the greed of someone before them.

    There is a medical use for cocaine, HiFI- it is used in surgery to pack mucous membranes in some instances. Since it is highly abused I believe they have tried to use other topical anesthetics though.

  15. November 5, 2010 at 1:47 pm

    For crying out loud, are you comparing drug houses to barber shops now?

    And you’re saying a “drug house” is the same as a “cannabis dispensary”. I’d say they’re two different things, albeit related.

  16. by the numbers
    November 5, 2010 at 1:58 pm

    HiFi you appear to talk about things you have no clue about. You speak for all landlords?? and on top of being a know it all….not you have now have entered the medical field. but, illiterate on this subject as well.

  17. @&$^*(&
    November 5, 2010 at 2:43 pm

    I feel for folks that have there places trashed. There are already laws on the books for recouping from people that trash your place if you rent to them, whether it is from a grow or because they are simply mental case slobs. I have been a landlord in Humboldt and dealt with unbelievable damage to rentals and you know what? I learned my lesson and began a regimine of walk throughs.

    Suing a tenant is a pain in the butt and you often don’t get anywhere near what you lost. That is why landlords do walk throughs. I really have no sympathy for a landlord that accepts an (even slightly) inflated rent, doesn’t do walk throughs and then is surprised it was a grow. I mean come one. Pay attention. We don’t go a week without a pot leaf on the front page and article about a grow house.

    In the end it is the same as any other landlord tenant issue. If you want your property respected you have to be involved or pay someone else to be involved. There are several local landlords and property managers that do unscheduled walk through on a 24 hour notice. That pretty much solves the problem.

  18. High Finance
    November 5, 2010 at 3:00 pm

    By the Numbers, instead of another personal attack, why not try debating intelligently & point out what you think I said about landlords that was wrong.

    I own rentals & I know dozens of rental property owners.

  19. Walt
    November 5, 2010 at 5:36 pm

    I wouldn’t DREAM of being a landlord: I’ve heard (and seen) too many horror stories. But I wonder how hard it would be for the landlord to have the PG&E bill sent to them, and when it goes through the roof, you know you’ve got a grow. And when the cops bust them, isn’t that grounds for eviction? Pardon my naivete. I also wonder if PG&E couldn’t tell the cops when power bills go through the roof, and that would be probable cause for a search warrant.

  20. Redwood
    November 5, 2010 at 5:54 pm

    Arcata councilman Shane wants to impose a surtax on heavy PGE use.Shelter Cove did.And then did it again.
    Run an ad on Craig’s saying “Looking for 215 friendly Landlord” and see how many calls you get?

  21. Mitch
    November 5, 2010 at 6:04 pm


    Do you understand that you are proposing turning a public utility, granted a monopoly by the government, into a government spy? Doesn’t that ring any alarm bells in your head? Any?

  22. November 5, 2010 at 6:05 pm

    Rental and Lease contracts are separate issues from Medical rights.
    There is a difference between allowing market production and advancing medical rights. There should be a clear boundary we all follow so that we can advance medical freedom all over the State.
    I am thankful to run across a news alert that linked me to this site.
    I live in Turlock California. Far down the State from Humboldt county is Stanislaus county; part of the Central Valley.

    What I would like to share with the membership here is that in reality the rights for medical people need to be standard across the State.
    We have tried to pass Prop 19 and we have passed prop 215 and weathered the trials of SB420.

    I can understand Mendocino and Humboldt counties not passing prop 19 but I cannot believe that Mendocino and Humboldt counties are not willing to stand up and help free the Central valley and indeed the whole State.

    So there is a thought. Not in favor of prop 19 then I hope we will see some leadership in the Prop 215 freedom fight that has to happen in this state especially if Cooley wins AG from our Northern well off and canna-free counties.

    let me offer a slogan. Call the Hate being played on the Medical People like no dispensaries, no outdoor gardens and taxes on Medicine like Rancho Cordova “Jim-Crow-Cannabis laws”
    Just like the oppression the Blacks of the South faced with the Civil Right to be equal we see the same in the lack of uniform privileges for Medical Cannabis people in places all over California like the Central Valley and Rancho Cordova.
    Prop 19 tried to allow this Jim-Crow-Cannabis culture by allowing for Dry Counties and still these Jim-Crow-Cannabis Counties would not support prop 19.

    So Humboldt and Mendocino where do you stand now that your Counties did not support Prop 19?
    What kind of people are you?

    I will open a website at California2012.org
    I encourage the whole state to come to a neutral web location and discuss how we can unify rights for all.

    I have book marked this page and again I am happy to have found this site.


  23. Real Estate Broker
    November 5, 2010 at 6:06 pm

    In all standard lease/rental agreements there is a clause that states the landlord or their agent may enter the property with 24 hours notice. This was originally to check for that leaky water heater or roof or whatever, but it needs no specific reason. If a landlord suspects someone of using their property for a grow operation, they can legally enter with that 24 hour notice. The problems arise with out of the area owners who rent their property without a property manager. They have no clue. Pay your price, take your chances.

  24. Am I stupid to suggest...
    November 5, 2010 at 6:11 pm

    P g & E is enjoying the major profits they are making from illegal grows and not interested in informing property owners that their bills (for tenant behavior) have spiked to $2,000 +/- per month after being $50 per month for 20 years. My personal feeling is that the landlords should retain the P G & E bill for the tenants for P G & E if they are seriously concerned if their rental is being used for a mj grow. Personnaly I think they are perpetrating this action if they don’t, and PG&E continues to tax and fee us other users, for this and all insundry God knows what uses on our bills (does anyone understand the taxes and fees we are charged?), that we have no voice in but also for the rampant use of electricity that is used for illegal purposes. I hope an attorney comes forward with a great way of claiming money from P G & E, our own City water bills and other companies and putting it back into the City and public safety and code enforcement. Let them pay for our city services.

  25. High Finance
    November 5, 2010 at 7:30 pm

    Yes you are.

  26. Mr. Nice
    November 5, 2010 at 7:34 pm

    So cities are allowed to ban medical pot dispensaries (ie; drug houses)?

    Dude dude dude dude. Don’t use “i.e.” and then list one thing. Fuck

    November 5, 2010 at 7:39 pm

    by the numbers @ 1:58,

    HiFi s just using the same type arguments(more like excuses and false claims) that most wannabe elitist business people HAVE. tHIS IS DONE IN ORDER TO DISGUISE, HIDE AND CONCEAL THE FACT THAT housing/rent costs are too damn high. So, as someone who understands HOUSING economics locally, state and federal, I KNOW WHERE THE COSTS ARE GOING AND I KNOW WHAT PROFIT RANGES EXIST.

    Housing is a rip-off, a scam, a scheme, period. It is just an ATM type debt pyramid scheme for the real wealthy to take back when people lose their jobs – such the convenient scheme to re-distribute wealth within a capitalistic format, go figure the wealthy only complain when it is THEIR WEALTH that is re-distributed.

    Also HiFi, you are really mis-informed for saying (?)rental owners don’t want to rent to mj growers. There are plenty of (?)owners who do and don’t want to rent to growers – THIS IS FACT HIFI, so don’t wet yourself over the revelation of reality and rent prices. Just depends on who is living good and who needs every penny they can get.


    November 5, 2010 at 7:45 pm

    6:11 pm,


    Ever wonder why the product units and rebates they give back to customers for on-demand water heaters are only for “certain” water heaters that don’t have an actuated valve for flinting and firing up the furnace without alternating current (115 amp outlet)???

    Answer – PGE wants to sell electricity. PGE cxan’t sell electricity for an on-demand water heater IF THAT HEATER DON”T NEED ELECTRICITY TO OPERATE. Further, the IRS uses these rebates, prebates, coupons, etc…. as a tax scheme against the consumer, with the aide and abettment of fascist corporate coupon manifestors, to disguise the over-valuated state of the American Economy (a sorta of shielding the eyes of the consumer with respect to super-inflated and unjustifiable costs associated with a corrupt American Financial System!!!!!

    Again, SCREW PGE!


  29. Anonymous
    November 5, 2010 at 8:49 pm

    Henchman, most landlords do not make a killing. It is not a scam, or a rip-off. There are so many costs involved. You are just plain not in business of any sort of you would get this. I wish you would leave your angry manifestos in your computer and not press send or post.

    Also, those on demand heaters are kind of complicated and I bet there is more to it than that. You have to have a certain ability to vent not to run them on electricity, for one thing. The electricity runs a fan or venting, even if you only want to use gas. Other than that, you have to have a straight shot outside and if there is much distance between them and the wall you have to use electricity to move the air outside.

    Jeez, you are just too angry and too wordy for me.

  30. Walt
    November 5, 2010 at 9:23 pm

    “Do you understand that you are proposing turning a public utility, granted a monopoly by the government, into a government spy? Doesn’t that ring any alarm bells in your head?” Mitch, I was just asking about something I don’t have much experience with. If PG&E were to notify, say, the property owner of record of a radical change in use patterns, as a safety issue, I wouldn’t have a problem with that. If the landlord then goes to the police about a property misuse issue, that would be OK too.
    But HiFi, I gather that wouldn’t fly for you, or other landlords?

  31. Anonymous
    November 5, 2010 at 9:26 pm

    If that much electricity is being used, I would get the electrical wiring had been modified to handle it, and this would be a fire hazard or at least a breach of our contract with the renter.

  32. November 5, 2010 at 10:56 pm

    Berkeley voters approved a tax on medical pot and a large dispensary.

  33. tenth street dreamer
    November 5, 2010 at 11:05 pm

    Hifi is hubris, and quite full of himself. Too bad, seeing a good mind go to waste.

  34. Harold h. Greene
    November 6, 2010 at 3:11 pm

    “There is nothing “medical” about pot. Just as there is nothing medical about Popov Vodka or cocaine.”

    The New England Journal of Medicine and the American Medical Association both disagree.

    But you’re an idiot anyway, so who cares?

  35. High Finance
    November 6, 2010 at 5:12 pm

    FU too Harold.

    The FDA, The American Cancer Society, The American Glaucome Society & the National Multiple Sclerosis Society all say there is little evidence of benefit & that other (real) medicines are safer & work equally well.

  36. Truth in information
    November 6, 2010 at 5:40 pm

    So? Does codeine work faster that aspirin?

  37. Mr. Nice
    November 6, 2010 at 5:53 pm

    The FDA, The American Cancer Society, The American Glaucome Society & the National Multiple Sclerosis Society all say there is little evidence of benefit

    Source that dude.

    The FDA is in no position to take a position. They are a government agency. They can’t officially approve of Schedule I drugs. Their job is saying shit is mislabeled. Their only stance on cannabis is alerts on vitamin supplements. The DEA similarly can’t have a say in any of this. The only tangible remedy for the situation is congress rescheduling cannabis.

    American Cancer Society on marijuana. They do say don’t replace conventional therapy with weed. They don’t have to say anything as they are a voluntary organization.

    American Glaucoma Society Position on Marijuana
    “An exciting finding in the past decade is the discovery of receptors for the active components of marijuana in the tissues of the eye itself, suggesting that local administration has the possibility of being effective. Furthermore, there is evidence from research in the brain that there may be properties of the cannabinoid components of
    marijuana that protect nerve cells like those in the optic nerve. This raises the hope that marijuana or related compounds could protect the optic nerve not only through IOP
    lowering but also through a neuroprotective mechanism.”

    National Multiple Sclerosis Society does say “insufficient data to recommend marijuana or its derivatives as a treatment for MS symptoms.”

    Ms society does kind of say what you said, but the rest of them do not or have not recently.

    November 6, 2010 at 7:26 pm

    Anonymous @ 8:49pm (the on-demand water heater expert),

    Pardon your scolding, but what you mention is not really correct. PGE has many little tricks of their trade along with the cozy relationship with government regulators. AC powered/On-Demand heaters is just one of many jack jobs. Now, the best kind is to get the kind that when the power goes out due to high winds and rain, earthquake, whatever, that you can still have hot water if your water supply is not breached (and if the water supply is breached well then, you would not get hot water anyways unless you did something else completely different in scope).

    The flow of water in the hot water line initiates the process that ignites the gas to fire-up the unit to heat. I love On-DEMANDS, but prebates and rebates for only electrical running units is a scam AND to jack-up the prices on certain brands attached or tied to rebates/prebates is also disguising the higher costs of the unit as a valuation that is manifested falsely to that particular additional rebate/prebate/coupon scheme hoping that not everyone sends back in for the refund – while again brainwashing into the consumer mindset price levels for products that are false and are giving way to mass profits for the producer along with schemes to get IRS tax breaks, exemptions, deductions, etc… in exchange for allowing the government to collect higher sales taxes at the expense of the defrauded consumer on sales that utiolize prebates, rebates, coupons, energy credits schemem, etc……

    Yep, PGE can go get bent.


  39. Anonymous
    November 6, 2010 at 8:08 pm

    Well, try to run one on only gas without proper venting and you are not going to get hot water. It isn’t that easy in many heating situations to install one that is completely electric free. Electricity is often required to run the fan to vent them.

    November 6, 2010 at 11:34 pm


    I would agree with you that operating an electric on-demand unit requiring electricity be run on electricity so that the fan will work. Talkin’ 2 different versions though, so again, plllffffff to PGE scam programs.


  41. November 7, 2010 at 2:51 pm

    Hey everyone from our Emerald Triangle.

    We need to read your words on California2012.org!!

    We have an Initiative for 2012 already!

    I have to read it closely but as far as I know The Emerald Triangle folks would want Private sales to private people covered as Legal if any law was passed right?

    So Come on over to California2012.org and lets build a community and lets build the momentum!

    Right now many folks think Emerald Triangle folks are too well off and not caring about the rest of us.. Prove them wrong!

    And find out what we are doing to counter Cooley and his crusade to eliminate Dispensaries up and down the state!

    Come contribute content and lets make California2012.org a valued resource for the State and the World!

    California2012.org is a private Citizens site and has no commercial ties to anyone except it’s hosting company.



  42. Anonymous
    November 11, 2010 at 11:51 am

    Emerald Triangle people are too well off — what a fucking joke. Our per capita income is way lower than you city bastards, our roads are falling apart, they won’t fix our railroad, our port is about to go bankrupt and our schools are shameful.

    Frack off Ernst, and take your ignorance with you.

    And speaking of ignorance: “Santa Barbara” is the proper spelling Heraldo.

  43. November 11, 2010 at 12:13 pm

    Thank you for your kind correction, gentle reader.

  44. Anonymous
    November 11, 2010 at 3:07 pm

    Ernst is also talking out his ass trashing Humboldt and Mendocino. We had a higher Yes on 19 percentage then his precious Turlock or Stanislaus County. Look in the mirror pal and organize your own community, quit telling us how to organize ours. I’m sick of these fucking carpetbaggers.

  45. Mr. Nice
    November 11, 2010 at 9:13 pm

    CAMP seized 25 times more plants out of Mendo than Mendo votes were cast. I don’t think any growers in the busiest part of the year was really about to drop everything to fill out hella pages of boxes so it’s ignorant to say “growers voted this way” because you know they never had no intention of voting period.

  46. Anonymous
    July 8, 2011 at 9:18 pm

    To the tickle dicks who hate marijuana listen to this. based on the legal guildlines of prop 215 all registered patients are not required to tell their landlord of their business and a landlord cannot legally not let someone grow because of the fair employment and housing acts.

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