Defiant Decree

San Diego County’s cannabis community was recently dealt an unexpected setback, but advocates will continue to fight for safe access to cannabis. In a 3-2 vote on March 15, the San Diego County Board of Supervisors banned all medical and recreational cannabis activities in unincorporated areas of San Diego County. This comes just four months after 57 percent of San Diego County voted in favor of Prop. 64, which is the statewide proposition that legalized recreational cannabis for adults. For the time being, cannabis collectives and other businesses in the county will be confined to opening doors only in approved zones within San Diego city limits.

There are currently three medical cannabis collectives operating in unincorporated San Diego County, and two that have been granted licenses, but have yet to set up shop. Those five will be allowed to operate for five years, until April 2022, to recoup costs. San Diego County is home to over three million people, and the city is bordered by millions more who will be affected by the ban.

Supervisors Ron Roberts and Greg Cox opposed the ban and showed support for the business owners and patients who will be affected. “We ought to grow it, and we ought to have facilities conveniently located throughout the county, including my neighborhood and your neighborhood and everybody else’s neighborhood . . .  in a very controlled way, can provide for the sale [of cannabis]. ” Roberts said. The ban is not being received in a popular manner by community cannabis organizations and businesses. It also was opposed by the patients as well as agriculture organizations such as the San Diego County Farm Bureau. At this point, several outcomes could take place. One scenario that could play out is a countywide initiative that would overturn the ban. Roberts and others believe that the cannabis community is not going to sit aside and accept the ban.

Advocate Terrie Best spoke to local news outlets stating that the ban is turning back a system that was already regulated. Best said the ban is “unwinding our medical cannabis ordinance and turning people back into criminals, putting people back behind the scenes and creating a lawless market, where there was law.” The silver lining for all who advocate for reasonable access to both medical and recreational cannabis is that this ban only applies to the unincorporated areas of San Diego County.

Others applauded the ban as a precautionary measure in an uncertain era with a new administration in power. The ban was supported by Board Chairwoman Dianne Jacob of the Second District, who called the Colorado’s recreational industry a “disaster.” Jacob led the effort to introduce and implement the ban proposal. Jacob was joined by Kristin Gaspar, the newest member of the Board of Supervisors and former Mayor of Encinitas. Gaspar justified her support for the ban by saying that elected officials commonly overturn voter-approved initiatives. Many other citizens and business owners expressed their discontent with the ban, pleading for them to respect the system of majority rule. The ban doesn’t impact municipal regulations in the incorporated areas of the city of San Diego.

While the decision to pass the ban left patients and activists exasperated, it has not dampened their drive. There is a grassroots effort to have Kristin Gaspar recalled, and many have hopes that when Dianne Jacob terms out in 2020, she will be replaced by someone who will abide by the will of the people.