City Says No to Marijuana Dispensaries, Yes to Fortunetellers

By Martin Henderson

Any hopes of medical marijuana dispensaries setting up shop in Rancho Santa Margarita went up in smoke Wednesday as the businesses couldn't get a whiff of support from City Council members deciding their fate.

Although the city prides itself on being business friendly, the message was clear: family-friendly trumps business-friendly.

The quick council meeting on Wednesday yielded some discussion about the dispensary businesses, but RSM's city leaders were in agreement: Not here. 

Not surprisingly, some of the strongest arguments came from the three attorneys on the dais as the ordinance easily passed through a first reading. After a second reading, it will become law.

Brad McGirr, who is a medical attorney, cited the proliferation of marijuana delivery services as a compelling reason to prevent an actual business front in the city.

"You'd be shocked at how many delivery services provide medical marijuana to residents of Rancho Santa Margarita and throughout all of Orange County," McGirr said, noting he had Googled the subject and the options went on and on.

"I recognize that those in need of medical marijuana, frankly, should get it. Ones suffering from cancer and needs it, it's a drug, it's there to use, I understand the purpose behind medical marijuana legislation, but it's been abused. ... Those who are in need of medical marijuana for medicinal purposes can get it."

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Steve Baric, a former gang prosecutor with the Orange County District Attorney's office, said he was hired about two years after passage of the Compassionate Use Act. 

"Based on personal experience I saw in courts, this law has been abused since its very inception," Baric said. "I feel, as does law enforcement, that it's a gateway drug ... that leads to a proliferation of crime within any area where it's bought, sold or used. ... I believe government's initial responsibility is public safety. The fact we don't see a soul speaking in opposition speaks volumes by its silence.

"It's consistent with our community as a residential family-oriented community" to not include it.

There were no speakers who took advantage of the public comments opportunity related to the item.

Mayor Tony Beall pointed out 30 percent of the city's almost 50,000 population is 18 or younger. He said the thing that makes it clear to him that the marijuana dispensaries are not appropriate for the community is that "if you look at medical marijuana, 95 percent of the patients are 18- to 23-year-old young men suffering from insomnia and anxiety or whatever else they volunteered to their doctor. It's routinely abused and not appropriate for this community."
 
The council had previously enacted a two-year moratorium on such establishments to wait for various legal actions to play out at the federal and state level. The moratorium would have ended in late September.

In another item, the council unanimously passed a zoning law that would open the door for fortunetellers to conduct business in general and residential commercial zones. Currently, such businesses had essentially been limited to the business park.  

The item passed without any discussion by the council members. 

Kathleen Haton, director of development services, said a fortunetelling establishment is eyeing the Dove Canyon Plaza by relocating from the business park.