Pismo Beach City Council passes urgency pot ban

November 16, 2016

No marijaunaDespite stiff opposition from Councilman Erik Howell, the Pismo Beach City Council adopted an urgency ordinance that will ban most business activity involving marijuana after Proposition 64 passed.

Prop. 64, which passed with 56 percent of the vote, legalized the recreational use of marijuana for individuals 21 years and older. California adults can now use and cultivate marijuana in their private homes.

Nevertheless, the ballot initiative allows cities and counties to regulate marijuana businesses and even adopt outright bans on the sale of cannabis.

On Tuesday, the Pismo Beach council voted 4-1 in favor of an ordinance that prohibits outdoor cultivation, manufacturing, processing, laboratory testing, labeling, storing and the wholesale and retail distribution of marijuana.

City Attorney David Fleishman said the intent of the ordinance is to buy time as Pismo Beach develops a comprehensive regulatory scheme for marijuana. Fleishman also said the ordinance will prevent marijuana businesses from opening in the city without disclosing what they will actually be doing. Likewise, it will prevent people who misunderstand state law from trying to open marijuana businesses in the city, Fleishman said.

Prop. 64 calls for a state licensing scheme for marijuana businesses, but that is not expected to take effect until late 2017.

Erik Howell

Erik Howell

Howell, who cast the dissenting vote, said there will not be marijuana dispensaries in Pismo Beach anytime soon, if ever. Howell said he did not see the urgency of the ordinance, and he expressed concern about the possibility of it provoking a lawsuit based on Prop. 64.

“The resolution to me just reads as hysteria,” Howell said. “And I think it directly contradicts itself throughout.”

Howell said the ordinance contradicts Prop. 64 by stating any use of marijuana is prohibited in every zoning district in the city. He also said the ordinance is contradictory because it states that it cannot conflict with federal law, yet federal law prohibits marijuana.

In response to Howell’s critique of the ordinance, Fleishman said he was not the author. Rather, Fleishman grabbed most of the text from an ordinance recently adopted by the city of Santa Maria.

“By in large, I got no authorship credit,” Fleishman said. “This is the one Santa Maria adopted. So, I’ve tailored it to Pismo Beach’s uses.”

Pismo Beach’s urgency ordinance takes effect immediately and expires after 45 days. The council can extend the ordinance so that it would last up to two years.

As for medical marijuana, a ban on brick and mortar dispensaries already exists in Pismo Beach, but delivery services are allowed to operate within city limits. Earlier this year, the Pismo Beach council adopted a ban on the cultivation and processing of medical marijuana.

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I never smoked the stuff (or anything else), but this political craziness this year sure makes me think I need something to numb the pain!

We have a looming $10 million shortfall in the education budget when Diablo Canyon closes. Doesn’t take a genius to realize that the taxes from legal marijuana sales could offset this. People in SLO county are going to smoke and grow marijuana (hint: its legal now), why not position ourselves to take advantage of the situation and embrace the tax flow?

I will no longer patronize any business in Pismo Beach.

oooooh. What a threat! Businesses in Pismo aren’t for you anyway, they’re for valley tourists. They mostly vote republican and don’t smoke weed – so who cares?

Are you kidding? Bakos love bud light and shitty weed. FACTS.

Spoken like a true elitist…

When We The People get sick and tired of a handful of self righteous close minded control freaks not listening to our will, They’re going to ask what happened on election day.

Enough is enough.

They’re asking right now aren’t they Ben Daho. Clueless as to why Americas wiped the floor with Hillary’s and the Dem’s butts.

We’re not all that clueless Snoid, you are. American’s didn’t wipe the floor with Clinton, no, the Electoral College did. And the rest of the Republicant’s, especially those who were the most threatened and verbal about all that was wrong with the idiot during his campaign, are now falling into line with your president-elect and showing just how spineless they truly are.

I am an American and I don’t appreciate you or anyone else who voted for your president telling me that I fall into the likes of those who did. Please don’t, okay? And if it isn’t okay? Do it anyway!

Even if one takes every reefer madness allegation of the prohibitionists at face value, marijuana prohibition has done far more harm to far more people than marijuana ever could.

Howell said the ordinance contradicts Prop. 64 by stating any use of marijuana is prohibited in every zoning district in the city. He also said the ordinance is contradictory because it states that it cannot conflict with federal law, yet federal law prohibits marijuana.


Howell sounds like the one with a head on his shoulders.

Uhhh. NO

Have you read the crap about him?

Taking $$ from lobbyist, voting against Pismo’s best interest.

And his partner getting caught swiping signs during the election.

Just goggle him up and place his name and LA Times, plenty of it all over Pismo.

By now you would think most forward thinking folks with one bit of common sense would have seen this coming a long time ago and would have been better prepared.

Why not just use the current model used by pharmacies as to the security, delivery, storage and sales of pharmaceuticals (except for the prescription part)? Or just copy what California ABC has in place for alcohol. Either would be overkill (in my opinion) but one or the other would probably satisfy all except those who didn’t want pot legal at all.

Boulder Colorado has benefitted to the tune of about $8.5 million dollars in pot tax revenue since 2014; I know that Pismo doesn’t have that type of population but ANY additional tax revenue could only help…

Lets hear your interpretation or definition of “forward thinking” last I heard on the news which of course never lies, all the taxes generated from dope sales go right back to education ofnuse. So why bother, dont legalize and you’ll never have to create another 500,000 government waste jobs educating users of the ills of drug addiction.

Forward thinking = Progressive = Liberal (to a point) = That’s me! And to think forward, in my opinion, is to open ones eyes and see the inevitability of change, even if it rubs you and your dilapidated, misguided and divisive “morals” the wrong way. Forward thinking is taking the pulse of your community and then acting accordingly. Forward thinking is weighing the benefits against the harms and then acting accordingly. And in the political world? Forward thinking should mean that a person’s vote means something, right? That a true democracy does not have 538 votes that “Trump” 61 million, right?

And I’d much rather put every penny of that revenue back into our schools then put one more dime into a “War on Drugs” that hasn’t worked one iota, makes dangerous cartels powerful, rich and well armed, disproportionally locks up minorities and the poor, separates families and disenfranchises many. Maybe we should earmark all of that money into Social Studies and Civic Classes in our High Schools that will BETTER educate our kids into a political system so that they can not only do their “reading, writing and arithmetic” but be able to understand how or political system works and can effectively participate (college is too late as 18 is the current voting age).

I’m sorry but most of us are far better educated and informed to fall for the “Reefer Madness” shit any more, so…. Get over it and get back to your Remy Martin!

Its just weed. Get over yourself already!

Well, David Fleishman is not listed for some reason here:


but I suspect that our Pismo City Attorney makes a fair bit of money. Anybody can copy and paste, Sir. Please do a better job for us.