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Citing a lack of public pushback to the city’s nearly two-year moratorium on cannabis businesses in Menlo Park, the City Council moved unanimously on June 18 to line up an ordinance to ban such businesses from setting up shop in the city.

The ban would prohibit commercial marijuana land uses of all types, including cultivation, testing, manufacturing, and retail purposes.

While the council voted unanimously to move forward with an ordinance banning cannabis businesses, the council is open to reconsidering its decision as the city moves forward with its review of the El Camino Real/downtown specific plan and general plan, Mayor Ray Mueller said.

Councilwoman Betsy Nash was most vocally open to the idea of a marijuana retail location in the city, potentially downtown on Santa Cruz Avenue. “I believe regulation works better than prohibition,” she said. “I think it may be our neighbors who might go to the store … It’s not a criminal element that would be coming to the city.”

Councilwoman Catherine Carlton, on the other hand, said she saw it as a big leap from voting to legalize – and thereby not criminalize – marijuana use, to supporting a retail dispensary in the community.

Councilman Drew Combs said he respected the voters’ clear majority in favor of access to marijuana, but noted that the industry is highly regulated and would require a strong level of oversight by city staff, and wondered if larger cities are better-suited to permitting cannabis businesses because they have more staff resources. People who want to access marijuana for recreational use can access it through delivery services, he noted.

One downside of the delivery services is that the city does not receive any sales tax from those transactions, according to John Passmann, a management analyst with the city. If the city were to permit cultivation, it might be able to generate a roughly estimated $500,000 from a 10,000-square-foot cultivation facility, he said. Community Development Director Mark Muenzer added that there have been a few inquiries about cannabis businesses downtown or along El Camino Real.

Anthony Duhon, who in public comment identified himself as an advocate for access to legal cannabis, argued that banning cannabis just pushes its use more into the shadows and black market.

Duhon presented a special report from the cannabis-industry website Leafly, which pulled together the findings of more than 40 studies from academic and medical journals and publications challenging the concerns that marijuana dispensaries and shops increase crime and teen use and decrease property values.

The report found that crime rates decrease or remain unchanged after a state-licensed cannabis store opens, and that teen use generally falls in states that pass medical cannabis and adult-use laws. For example, in Washington state, cannabis use among eighth graders fell from 9.8% to 7.3% as adult-use stores opened in the state. Licensed sellers check IDs and don’t sell to minors, while illegal sellers don’t face the same requirements, the study’s authors argue.

The report also found that licensed dispensaries do not hurt property values in the area, and that in Colorado, home values increased by 8% at properties that were within one-tenth of a mile from a medical dispensary that was converted to permit adult-use sales.

Mueller argued that usually, when the council takes a misstep, people tell him about it, and noted he hasn’t heard much from the community since the initial cannabis moratorium took effect. “I don’t think there’s enough there there yet from the public to say they want this in the city,” he said. “There could be in the future, but I don’t think we’re there tonight.”

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29 Comments

  1. It’s interesting to note that our wonderfully open, liberal and tolerant fellow citizens voted in CA for the legalization of marijuana. But when it comes to opening up a store or facility in their own neighborhood, well, that’s a different story—“we don’t like the types it attracts, what will happen to our kids, it’s a bad influence…” Maybe we all should have thought of these things BEFORE we voted for legalization. I just think it’s a bit hypocritical to approve it in CA, but disapprove of it in my backyard. Looks like San Carlos, Palo Alto, Mt. View and others will be following suit. Let’s save it for the likes of EPA, maybe Oakland, maybe the nastier parts of SF, you know, where it would fit better with the local populace—-is that the message that is being sent here??

  2. I would not be so quick to attribute meaning to “lack of pushback.” This sounds too much like fitting the data to one’s preconceived notions when it is more a lack of data. I more reaonable response would be to follow-up with community meetings or surveys to gather additional information.

    As noted, a significant majority of MP voters approved the legalization of cannabis.

    Steve Taffee

  3. Very poorly handled by the city council. 2 years have gone by and they haven’t asked or surveyed the community about what it would like to see. Instead they are basing their decisions on a report from city staff and just doing what the other cities are doing.

  4. Sounds to me like they made the right call. If no one has been complaining in the last 2 years why change it now? It is not like you can’t get cannabis delivered to your home, and it is still legal to grow up to 6 plants indoors. Sure Menlo Park voted in favor of making cannabis it legal, but making it legal is not the same as approving commercial cultivation or sale in the city. I think the council operated on the old adage “If it ain’t broke don’t fix it”.

  5. @Brian: I think council acted on the old adage: I think it’s a great idea for other people, but not for me. I’ll vote to legalize, but I sure don’t want anything like that in my neighborhood. I think if they want to listen to the voters, then listen to the ones who voted to legalize, and then let’s have it and see where that takes us. Most won’t likely appreciate where it talks us, and maybe they might vote to “illegalize” it if it came up again… If they were using the old adage of “if it ain’t broke don’t fix it” they wouldn’t have voted to legalize in the first place. Just smells very hypocritical to me…

  6. Nimby,

    “If they were using the old adage of “if it ain’t broke don’t fix it” they wouldn’t have voted to legalize in the first place. Just smells very hypocritical to me…”

    you do know that the Menlo Park City Council did not vote to legalize cannabis, right? It was legalized in a statewide referendum. They put a 2 year moratorium on commercial cannabis (growing and selling) that has been in effect since it became legal in California. What they just did was make that moratorium permanent. As the Mayor pointed out, he has not gotten any feedback in the last two year against the moratorium. I am curious, did anyone attend the meeting and speak against the ban?

  7. Aiding and abetting a federal felony is itself a felony. So is conspiracy to commit a felony (such as selling marijuana) under federal law.
    When you get the federal government to change the federal law, let us know. Meanwhile, a change in the law of the State of California or the City of Menlo Patk or Hillview Middle School does not affect federal law and liability.

  8. Not to smart for council to vote for legalization. Still illegal under federal law…

    The state of California has gone down the road of the same basic facts “ state rights vs federal law “. I am disappointed in our state and now local city government that vote in conflict of ( rule of law ).

    In 1861, our great country fought a Civil War over this concept and belief, with the loss of life of over 300,000 Americans, on both sides of the conflict.

    Let me post what our US Supreme Court will rule in the near future and use the section of our US Constitution as did the Obama Administration against Az. As In the past.

    The Supremacy Clause of the United States Constitution (Article VI, Clause2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.

  9. States rights vs the feds: “In 1861, our great country fought a Civil War…” Over slavery, not “states rights, ferchrisakes. Quit rewriting history – they used the ‘states’ argument to keep slavery.

    A few decades later, the Feds also passed The Volstead Act. Much more appropriate to the discussion than a war over slavery.

    Any recollection on how that Volstead Act worked out?

    Bueller?

  10. Andrew – history is something you have to read and too many of the “law & order above all” bootlickers simply do not. Making marijuana illegals is and always has been racist is it’s roots. In the early half of the last century it was mostly Latinos that used the herb in a medicinal capacity. Can’t have that said white folks. In the 1950’s and 60’s it was Nixon and the conservative crew that associated it with blacks and the counter-culture. Again, white people screamed, and it was put on par with drugs like heroin.

    So don’t you dare do something illegal!!!!! Yeeesh.

    It’s just window dressing anyway. Everyone that I know in menlo uses one of the many delivery services.

  11. So, by that argument, it was not too smart for the citizens of CA to vote for the legalization of marijuana, because it is illegal under federal law. But the state did it anyway, and it is legal in CA (and a number of other states—11 if I’m not mistaken). So, that’s why MP City Council isn’t letting marijuana stores in Menlo Park? I doubt that the CC has that lofty a set of legal principles…

    Still smells of NIMBY. And, the citizens of MP did seem to favor legalization in the vote for it. But don’t think of having a business set up here to do just that. Go to Oakland, EPA, Stockton, or somewhere where you can buy it and just bring it here to use. Otherwise, it might attract undesirables we don’t want in MP. Or order on-line, that way it’s pretty anonymous. Even better—out of sight, out of mind.

    But, this just goes with the other ridiculous virtue-signaling issues that play out in CA city politics. Like, SF trying to outlaw sale of cigarettes and Vaping materials in the City, but setting up legal injection sites for use by heroin and meth addicts…. So, help yourself to injecting hard drugs. but don’t you dare puff on a raspberry scented Juul or we’ll haul your sorry butt off to jail. Pretty funny if it weren’t so pathetic.

  12. As an almost 30 year resident homeowner in Menlo Park I am very much in favor of locating a cannabis dispensary right here in our city. Currently I have to drive down to San Jose in order to purchase medicinal CBD creme for pain and arthritis. And although I don’t currently use cannabis recreationally, I am certainly not against it; and there is NO hard evidence to say that dispensaries lower property values, cause an increase in underage marijuana use or become gathering places for seedier populations. They DON’T. Cannabis dispensaries are upstanding businesses that fill a real need/want, much like Walgreen’s and BevMo. And let’s be honest, Menlo Park always touts its citizens to, “Shop Locally!”—the sales tax generated by a cannabis dispensary would be excellent for our city.

    Instead of assuming that because there hasn’t been a huge public outcry thus far, so therefore, we must all be in favor of a cannabis ban, it would be far more reasonable for the MP city council to initiate diligent follow-up with community meetings and/or surveys to gather REAL responses BEFORE instigating a ban. Menlo Park surveys routinely for locating dog parks, and bicycle routes, so why not solicit opinions for this? As noted by others in this thread, a significant majority of MP voters approved the legalization of cannabis. Let’s find out what residents really think.

  13. As long as the feds keep it legal, they will store large amount of cash…. can’t use the banking system. Large cash stored in businesses = robberies… violence…

    Keep going to San Jose….

  15. Citizen:

    do you have some actual DATA upon which you base your opinion? Robberies and violence up in Colorado? Oregon? Anywhere it’s legal?

  16. Crime up because of legal marijuana?

    Boy, that’s hard to measure, but, in downtown Menlo Park do u see those armored cars picking up cash from our businesses in MP. Businesses don’t want a lot of cash on hand, because it breeds a higher risk of robberies or burglaries.

    Take it one step further, no money pick ups that deal in marijuana, because our banks will no take their cash. Since banks under federal law cannot complete money transactions. Maybe if the federal government makes it legal, the crime risk may decrease.

    Lots of cash on hand, means an easy victim for Crime.

    That’s a great reason for me and my community.

  18. Metro voter:

    Enjoy your marijuana. I’m sure sometime in your life you or your family experienced a substance abuse problem that got into the criminal justice system. Too bad it could not have been headed off by professional help. There still maybe hope….

  19. Citizen:

    Nice deflection. I don’t use marijuana and my only involvement with the justice system is ten years in law enforcement.

    Again, do you have any actual data to support your opinion? Any?

  20. > or your family experienced a substance abuse problem

    Geez, “Citizen “, quite lame. Quit attacking MV. For shame.

    I offer up my family in their place: tons of substance abuse problems. Really brutal effects on family and kids over several generations. Classic substance abuse with textbook results, including criminal justice interventions.

    Since their problem was booze, surely you are calling for a prohibition on beer, wine and alcohol distribution along Santa Cruz Ave, as well as banning retail alcohol distribution in Menlo Park.

    amiright?

  21. Menlo voter:
    Past law enforcement, you should know better.

    Andrew:
    Too bad with your experiences.

    I bet you both voted for HRC for president too.

    Nothing will change yours or my opinions.

    Enjoy USA, freedom of speech, home of the free and brave

  22. > I bet you both voted for HRC for president too.

    Clearly you haven’t a clue who Menlo Voter is. Nor, frankly, the rest of Menlo Park.

    A master class in ridiculous deflection. The hypocrisy shows with your lies about crime and your hypocrisy expands as you cede attempting to defend alcohol and all the deaths from drunk driving. But pot!!

    As Menlo Voter points out, you’ve yet to substantiate a single claim of yours.

    > home of the free and brave

    Freedom includes voting to legalize a little harmless herb. Be brave.

  23. Citizen:

    I do know better. Especially better than you. You’ve yet to back up any of your opinions with any FACTS. Try it. I might be interested in what you have to say if you do. Otherwise? Not so much.

  24. “Citizen” how can you be and sound so stupid lol. You’re embarrassing yourself and the town you claim to represent. Menlo Park passed legal marijuana by a rate of over 75% so you’re in the minority. Maybe you should move if you don’t like it? You probably couldn’t afford PV though…

  25. Portola Valley Resident:

    Smart Ass:

    Maybe a few of those Rejected store sites can be approved over in your area. Bet they won’t vote for it either. You can have them. A lot of marijuana for sale on internet and other cities.

    It’s still illegal under federal law. I’m for voting for it on a national ballot: legal or not legal. Let the entire country decide this issue.
    Bet that won’t pass either.

  26. Citizen: “I’m for voting for it on a national ballot”

    Just curious, what’s the last “national ballot” upon which you voted?

    Your string of factless posts continues unabated.

  28. From above… States rights vs the feds: “In 1861, our great country fought a Civil War…” Over slavery, not “states rights”, ferchrisakes. Quit rewriting history – they used the ‘states’ argument to keep slavery.

    Dude has a funny grasp, bringing up the civil war.

    Legalize it.

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