Council vote on locations of medical marijuana collectives may violate federal law – says Schipske. Federal Safe and Drug Free Communities Requires 1,000 foot Buffer and Includes Playgrounds and Youth Centers
February 3, 2010
Fifth District Councilwoman Gerrie Schipske today expressed her concerns that the City Council’s vote to allow medical marijuana collectives within 500 feet of elementary and middle schools may violate the federal Safe and Drug Free Communities Act.
“Federal law still considers marijuana a controlled substance and as such the Federal Safe and Drug Free Communities Act prohibits anyone from distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility,” explains Schipske.
Schipske adds that not only did the Council ignore the federal buffer zone of 1,000 feet but also the request of the Long Beach Unified School District “that medical marijuana collectives not be allowed closer than 1,500 feet from all schools in the City.”
“The City Council voted 6-3 last night to allow these collectives within 500 feet of elementary and middle schools and 1,500 feet from high schools,” says Schipske who was one of the three Council members in opposition. “Additionally, the Council voted to allow these collectives near playgrounds and youth centers.”
“Unless and until the federal government removes marijuana as a controlled substance, the City has no business changing the ‘drug-free’ buffer zones for schools, playgrounds and youth centers.”
