A Long Beach City Council debate on how to regulate marijuana dispensaries in the city resulted in something of a twist: a split vote Tuesday to allow cannabis deliveries while banning storefront dispensaries — at least for the time being.

The new law could pave the way for brick-and-mortars pot shops at a later date. But the council’s vote doesn’t necessarily settle the matter.

Supporters advocating for storefront dispensaries want voters to decide the issue and have sued the city. The 9th U.S. Circuit Court of Appeals is scheduled to hear arguments in February over whether just such a proposed ballot measure could move forward.

“What the lawsuit is asking for is for the city clerk to certify the ballot measure to the City Council,” said Gautam Dutta, the attorney representing the ballot measure’s proponents.

“If the ruling goes in our favor, it would be up to the City Council to decide what to with it.”

Assistant City Attorney Monte Machit said the city remains hopeful the appellate court will take the city’s side — that a previously proposed ballot measure for a special election would not be eligible for future elections.

Should the city lose the appeal and, upon revisiting the matter, a majority of the council reject dispensaries again, the issue would then be placed on a ballot.

City Council’s move

The council on Tuesday considered allowing storefronts. Councilwoman Suzie Price, who is an Orange County deputy district attorney by day, proposed phasing in a medical marijuana policy, starting with a quartet of providers to make home deliveries only.

Long Beach has generally prohibited marijuana collectives since 2012. Their return would be a waste of city money and place undue burdens on police officers, Price asserted.

Before offering her alternative, Price contended deliveries will provide a means for people who need medicinal cannabis to get it.

“This is a substitute motion designed for patients,” Price said.

The council passed Price’s measure in a 5-4 vote. Council members Lena Gonzalez, Daryl Supernaw, Stacy Mungo and Al Austin joined her in supporting the delivery-only policy.

Price’s motion would initially allow four medical marijuana providers to deliver cannabis to patients. Six months after the first delivery service begins, city staffers would report back to the council and review associated sales tax receipts, enforcement costs and other issues.

Based on that report, the council would then decide whether four storefront dispensaries should be able to open, Price said. The council would then determine if there is enough demand for a maximum of seven dispensaries in Long Beach.

Price could not be reached for comment Wednesday.

It wasn’t completely clear how long before a delivery-only provider opens for business in Long Beach.

The timeline for a storefront is more clear, said Assistant City Manager Tom Modica, adding that once given the green light, dispensary operators would need about a year to obtain permits and prep for an opening.

Creating the law

The winning proposal differed significantly from the medical marijuana ordinance the city’s legal office had drafted at the council’s prior request for Tuesday’s meeting.

Proposals to regulate marijuana in Long Beach have grown more restrictive over the past year.

In October 2014, the Planning Commission proposed a law that would allow up to 18 dispensaries in the city. The City Council subsequently formed a special panel to make recommendations for a medical marijuana law. The panel held several meetings this year and suggested a number of restrictions for providers.

After the state Legislature this year passed three bills intended to create California’s first-ever system of regulations for medical marijuana, Councilwoman Suja Lowenthal pushed for an ordinance.

In September, a majority of the council asked the City Attorney’s Office to prepare a law that would allow up to nine dispensaries to operate in Long Beach, subject to the kinds restrictions suggested by the special panel, including buffer zones separating dispensaries from schools and parks.

Lowenthal asked council members on Tuesday to support the proposed ordinance before them, with some amendments. That ordinance never came to a vote, however, because Price’s substitute motion was heard and passed first.

In an emailed statement Wednesday, Lowenthal said she’s concerned that a deliveries-only model will prove difficult to regulate and lead to a more expansive policy appearing on a future ballot.

One local medical marijuana proponent who served on the city’s marijuana committee, Larry King, said Wednesday he was disappointed with the council’s decision and predicted a deliveries-only model would be harder to enforce than a policy allowing storefronts.

“If you have an illegal dispensary, you’re a sitting duck,” King said. On the flip side, unsanctioned delivery-only providers will be moving targets.

Legal proceedings

The 9th U.S. Circuit Court of Appeals is scheduled to hear arguments in February on whether a proposed 2013 Long Beach ballot measure that was written to end the city’s ban on marijuana collectives should have been certified.

The specific legal question is whether the ballot measure, which did not have enough signatures to qualify for a special election, should have been handled as if it were submitted for a regularly scheduled election.

Long Beach officials have argued that former City Clerk Larry Herrera-Cabrera did not have the power to do so, since the measure was specifically proposed for a special election.

U.S. District Court Judge Andre Birotte Jr. sided with City Hall in December 2014 and dismissed the case.

Justices of the 9th Circuit are scheduled to hear oral arguments Feb. 11 at Richard H. Chambers Courthouse in Pasadena.

Editor’s note: The online version of this story has been updated from its initial version to report that Councilwoman Suzie Price’s motion may eventually allow for storefront dispensaries to exist in Long Beach.