LAGUNA BEACH – Voters might have three options when it comes to deciding whether medical marijuana dispensaries should be allowed in town when they hit the polls in November.

The options come as a result of a voter-sponsored initiative that went before the City Council in April. That initiative calls for the repeal of the city’s ban on medical marijuana dispensaries. The City Council in April agreed the initiative would go before the voters.

The initiative – sponsored by Elizabeth Toomey and her nephew, Corey Aufhammer of Laguna Beach – is meant to make access to medical marijuana easier for residents who have legal rights to use it. The initiative calls for two dispensaries in the city’s commercial zones.

The owners, operators and employees of the dispensaries would be vetted through background checks and other security measures, said Debbie Tharp, who with Toomey and Aufhammer, gathered 2,414 signatures to qualify the initiative for the November ballot.

The dispensaries would be licensed to operate in either industrial or commercial areas and would be required to stay 1,000 feet away from schools. The only locations that could allow this would be along Laguna Canyon Road or on South Coast Highway.

Laguna Beach police Chief Laura Farinella said Monday she is looking at a counter measure that recommends only one dispensary. She said her department wants to find a balance that would look at the needs of medical marijuana patients, but also keeps public safety in the forefront.

“The reason for this is that the some community members and some council members have expressed their want in having one in Laguna so that those in our city who use it for their medicinal needs do not have to leave the city to get what they need,” Farinella said. “One dispensary should be sufficient to fill that need.”

City attorney Phil Kohn said the City Council will also review a proposed measure to keep the city’s ban in place.

“The City Council may select one or both of the proposed measures or select something else entirely different,” Kohn said. “At the end of the day, if there are multiple conflicting measures on the ballot that obtain voter approval, then the measure receiving the most votes will control.”

It will cost the city about $8,500 per initiative according to City Clerk Lisette Chel-Walker.

Tharp said she is suprised that the City Council last week refered to her initiative as “sloppy writing.” She also countered the idea of one dispensary, saying it would create a monopoly in town.

“They are breaking basic constitituional law,” she said, refering to Farinella handling the counter-initiative. “I learned about separation of powers in kindergarten. Not only did they violate the California General Code 3206, but they did it blatantly on camera.”

Tharp refered to the law saying, “No officer or employee of a local agency shall participate in political activity of any kind while in uniform.”

Michael Beanan, a former Navy SEAl, thinks the city should be more responsive to veterans who suffer from years serving their country.

“The California Compassionate Care Act was passed in 1996,” he said. “However, Laguna Beach has yet to demonstrate “compassion” for the hundreds of local residents choosing medical marijuana over prescription pills for many physical and psychological conditions.”

“With a seven mile coastline, Laguna needs two dispensaries. Police presentations suggest one dispensary per 10,000 residents. Dispensaries will be limited to membership of 22,000 Laguna Beach residents only. Dispensaries operating for the past ten years in Laguna Niguel and Dana Point report no crimes or problems with cash management.”

Laguna Beach cannot continue to ignore their responsibility to enact the Compassionate Care Act.

The City Council is expected to consider the initiatives again at their June 14 meeting. The city has until Aug. 12 for the measures to qualify for the ballot.

Contact the writer: 714-796-2254 or eritchie@ocregister.com or Twitter:@lagunaini