At this point, the most prudent approach for the county in its ongoing legal battle with the Purple Cross medical marijuana dispensary is to let the democratic process play out at the polls while continuing to promote its message against the operation.
In the meantime, though, the county should enforce a judge’s order and shut down the dispensary on Bolsa Road.
The county’s dispute with Purple Cross dates back more than two years, but looked as though it might come to a close with the California Supreme Court’s ruling in early May that allows local municipalities the discretion to ban such dispensaries through zoning laws. Not surprisingly, Purple Cross Director Scott McPhail hasn’t given up quite yet and is taking the fight directly to voters by initiating the process to place questions on the ballot – whether to allow the sale of medical marijuana in the county and create a pot tax, 3 percent the first three years and 7 percent thereafter.
Aside from generally allowing sales of taxed marijuana, the measures also would allow supervisors to limit the number of dispensaries in the county – but not to less than three. And it would bar the county from accepting federal funds to investigate, cite, arrest, prosecute or seize property for medical marijuana offenses, or participate in a task force that accepts federal funding or revenue sharing for such activities.
Rightfully, supervisors last week expressed legal concerns about the initiative. Still, they have little choice – politically or legally – but to allow the questions to go before voters. McPhail, like any other resident, has the right to place measures on the ballot and take on the tedious tasks and deadlines that accompany such efforts.
Supervisors’ best bet – which would underscore their respect for process, make their policy stance clear and likely cost the least amount of taxpayers’ money – is to welcome McPhail’s items on the ballot, but also stand by their position and oppose the measures.
As McPhail continues trying to lure officials into tripping up legally, and thus further delaying a resolution, the county must continue down a straight and narrow path.
Therefore, officials must enforce the law as recently ordered in the courts. If they haven’t by now, they should immediately shut down the dispensary and evict the operation from the premises.
