The Town Council is expected to extend a temporary ban to keep medical marijuana facilities from locating within Danville, at their meeting Tuesday night, Nov. 17.
Town officials began looking into the legality of siting a medical marijuana distribution facility in September after word got out that some landlords had been approached about the possibility. This led to approving an emergency moratorium on allowing such businesses into the town.
At their Nov. 3 meeting, council members approved a report by Town Attorney Rob Ewing describing what efforts have been made in regards to the issue.
"It was pretty standard," said Ewing. "If you do one of these urgent moratoriums there's a requirement that at least 10 days before it expires, you have to give a report of what you've done in that time frame. That's what the last meeting was about. It listed the actions, which weren't many."
It also sets the stage for a resolution to extend the ban out to a full year. Ewing said that once the emergency moratorium has been approved, the town has the 45 days of the ban in which to approve an extension to make it a full year. Such a resolution is on the agenda for Tuesday's meeting.
"Cities have taken two tacks," Ewing explained.
"Either outright prohibition or allowing them in with different types of zoning regulations, so they can only go in certain districts and only be open certain hours."
What Danville will be doing during the course of the ban is seeing how the courts treat the issue. Cities are watching a case occurring in Anaheim, where a suit was filed to prohibit medical marijuana dispensaries entirely.
"The importance of the case that's pending in Anaheim is if the city wins it means that cities could legally ban them outright," said Ewing.
"If the city loses, then you have to allow them and the question becomes, 'What regulations do you impose on them?'"
Tuesday's Town Council meeting will be held at 7:30 p.m. at Town Hall, 201 Front St.