The push for legal storefront marijuana sales in Manteca has hit what might aptly be described as a political pothole.
The Manteca Planning Commission Thursday on a 4-1 vote recommended against City Council approval of an ordinance that would allow three cannabis dispensaries after questioning the wisdom of allowing them anywhere near schools, daycare facilities, youth centers, and places of worship.
It means the City Council will be considering an ordinance when they meet on Tuesday, Dec. 7, that was rejected by four of the five people they appointed to the Planning Commission as not being good for the community.
The council majority has stated that in two separate elections the majority of Manteca voters casting ballots favored allowing retail marijuana sales as a reason they were leaning toward allowing such sales.
The only two council members that have literally not wavered from their initial positions or were persuaded by research and community input to lean one way or another are Mayor Ben Cantu and Councilman Dave Breitenbucher.
Cantu made legalizing storefront marijuana sales one of his main issues in his successful 2018 campaign. When the current workshop-to-council public review process started Cantu stated he expected to have an enabling ordinance in place by the end of the year.
While noting he wouldn’t patronize a marijuana dispensary, he cited community support, the potential for more city revenue, and the fact it is a legal business in California as why be backed the move.
Breitenbucher, who is among the potential candidates that may challenge Cantu in his bid to get re-elected mayor in November 2022, hasn’t wavered in his opposition.
He views marijuana as a gateway drug and that allowing dispensaries would send the wrong message for a community that puts stock in its motto as “The Family City.”
Breitenbucher also believes setting any concern aside because such sales could flood the general fund with more money is not good governance.
Commission concerned about
proximity of dispensaries to
schools, homes, daycare centers
A push earlier this month by a lawyer representing an interested concern eager to open a retail marijuana store in Manteca to reduce proposed buffer zones between pot dispensaries and residential areas as was done in Stockton and Modesto as well as open up more zones to allow more locations for potential dispensaries may have backfired.
Two weeks ago the Planning Commission was leaning toward recommending approving the ordinance.
On Thursday the four commissioners voting against it zeroed in on what they believed were inadequate buffer zones being proposed.
Commissioner Ron LaFranchini called the city’s proposed 600-foot buffer from school zones “a joke.” He went on to say 1,000 feet would be inadequate..
“Two hundred feet from a day care?” commissioner Jeff Zellner asked rhetorically. “Man, come on.”
Commissioner Sean Randall said the buffers were “not strict enough.”
“Manteca is not ready yet (for marijuana dispensaries),” proclaimed Commission Chair Paramidner Singh Sahi.
Leonard Smith, who indicated his youngest son is dealing with a drug addiction but noted marijuana is legal in California, supported recommending the City Council approve the 44-page enabling ordinance. The proposed amendment to the municipal code delineated rigorous guidelines potential cannibals dispensary operates had to meet to secure a permit and how they had to conduct their businesses..
The commission’s decision followed remarks by 18 speakers of which two thirds opposed the concept of retail storefront marijuana sales.
Backers noted how marijuana is not much different than alcohol and is much better and safer than prescription drugs to help people deal with pain. They added Manteca was letting potential revenue go to neighboring cities. One speaker pointed out access to legal pot that is thoroughly tested avoids users from suffering illnesses and even death in extreme cases from tainted marijuana procured on the black market.
Those against it spoke of how it was a gateway drug for many and shared stories of how they have seen drugs destroy families. They also pointed out people in Manteca can buy marijuana legally in nearby communities and even have it delivered.
Community Development Services
staff cuts off comments from
Manteca Police captain
The Community Development Services staff successfully shut down comments from Manteca Police Captain Charlie Goeken regarding law enforcement reservations about allowing retail storefront marijuana sales.
In a highly unusual move, the Community Development Services staff and not the planning commission chair moved to stop Goeken from speaking after he reached the time limit of 3 minutes imposed on speakers from the public.
But unlike the general public, Goeken was part of the city staff effort to explore and observe marijuana sales and procedures in other cities as a precursor to shaping a proposed municipal ordinance. And unlike the other speakers, he was asked by Commissioner Ron LaFrancchi through Chair Sahi to address the commission.
Community Development Services succeeded in cutting Goeken off after proclaiming he was not part of their staff so therefore was precluded from being treated like staff as opposed to the general public when it comes to time speaking limits. Staff completely ignored the fact that a commissioner wanted to hear from Goeken as a staff member of the Manteca Police Department.
The incident could be troublesome politically for the City Council that from the beginning of the process assured residents that the city would formulate an ordinance that was well vetted and included input from the police department.
And while that happened in shaping the ordinance, city leaders could come across as being less than transparent by cutting off police department representatives sharing law enforcement concerns during the most public part of the process.
Before Community Development Services staff succeeded at silencing Goeken, the police captain noted:
*he had concerns with “unintended consequences” of making marijuana more available.
*the illegal market is as strong as ever with the Manteca Police seizing 205 pounds of processed marijuana and 860 plants along with guns and stashes of cash in 2020 as well as 249 pounds of processed marijuana, 1,810 plants, weapons and more cash so far in 2021.
*Colorado statistics that went from 41 cases of marijuana poisoning mostly among young kids in 2006 to 276 in 2019 after pot was legalized in that state. He indicated it was likely from marijuana being more prevalent in homes in the form of gummy bears and such.
*Colorado also saw an increase in the number of auto accidents were a driver had marijuana in their system going from 11.43 percent before legalization to 21.3 percent after legalization.
To contact Dennis Wyatt, email dwyatt@mantecabulletin.com
