Moratorium Extended On Marijuana Dispensaries

Imperial Beach officials have extended a 45-day moratorium on medical marijuana dispensaries to further study whether they will enforce a ban or create regulations to allow them.

At a meeting Wednesday, the City Council voted unanimously to study the issue for another 10 months and 15 days, citing the complexity of the issue, pending court decisions and the scope of work required to create regulations, if they are permitted.

"I'd rather us not end up in court like Claremont and Los Angeles by acting too fast," said Mayor Jim Janney, referring to two recent legal proceedings on dispensaries in Los Angeles County.

City Attorney Jim Lough said decisions on each of the cases may affect how municipalities deal with medical marijuana cooperatives and also highlight how other cities are attempting to control the growth of dispensaries.

Lough said while the city needs time to study the issue, it will not wait for the end of the 10-month period.

"We'll come back when we're ready," he said.

The 1996 voter-approved Proposition 215, which permitted the dispensing of medical marijuana, has Imperial Beach and other San Diego County cities grappling with banning or managing cooperatives. Five have passed moratoriums. Another half-dozen have banned dispensaries.

Four people at Wednesday's meeting spoke in favor of an ordinance that would regulate dispensaries. Jerry Mason, who owns Mason's Auto Clinic, said dispensaries "will work well for Imperial Beach."

Brad Bernhard, who owns a collective in Los Angeles, submitted a draft ordinance that he said could be used to help Imperial Beach draft its own. He said it would be better to operate legitimate collectives and not the types operated by "felons, thieves and drug profiteers."

"The city of Imperial Beach would fully be able to handle the residents' demand for collectives by having no more than two located within city limits," states a letter attached to the draft ordinance.

Two others, however, opposed allowing cooperatives in the city.

"I empathize with those who need medicine and aren't getting it," said resident Ron Moody. "The impetus for the law was for glaucoma and AIDS patients, but the result is everyone else can get it, too. It's making a mockery of those who really need it."

Council members said they wanted more time and reiterated that they want to abide by state law but also make sure the city and residents are protected.

"State law indicated we should take a good, hard look at it," said Councilman Jim King. "It's a very involved process in doing this right. Otherwise, you can end up with a lot of problems."

News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Union-Tribune
Author: Janine Zúñiga
Contact: SignOnSanDiego.com
Copyright: 2009 The San Diego Union-Tribune, LLC
Website: Moratorium Extended On Marijuana Dispensaries
 
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