Pubdate: Mon, 03 Oct 2005 Source: Fresno Bee, The (CA) Copyright: 2005 The Fresno Bee Contact: http://www.fresnobee.com/ Details: http://www.mapinc.org/media/161 Author: Tim Sheehan Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) VISALIA CONSIDERS NEW POT ORDINANCE Guidelines Sought For Medical Users In Light Of Federal Law. VISALIA -- The smoky issue of marijuana, relegated to a slow burn for several months, will rise again today when City Council members consider an ordinance regulating where and how medical cannabis can be grown, processed, distributed and used within Visalia. The City Council meeting begins at 7 p.m. at Visalia City Hall, Acequia Avenue and Johnson Street. A work session will begin at 4p.m. With one organization already providing marijuana to patients, city leaders hope to establish guidelines, within its business regulations, land-use rules and zoning laws, to manage the operations in compliance with state law. The goal: keeping a lid on illegal pot while still following Proposition 215, the Compassionate Use Act approved by California voters nearly nine years ago. "It's a strong ordinance," said Jeff Nunes, founder of Medicinal Marijuana Awareness and Defense, a nonprofit information and referral center, and Visalia Compassionate Caregivers, which provides cannabis to about 300 patients with a doctor's recommendation for the substance. "But it's what we need from our city. ... Coming up with the regulations is what we wanted from Day 1," Nunes said. He said the ordinance's strict provisions are needed to keep dispensaries and cultivation operations from becoming a community nuisance. Prop. 215, approved by 55.6% of California voters in November 1996, declared that ill people have the right to use marijuana for medicinal purposes when deemed appropriate by a doctor and allows possession or cultivation of marijuana by the patient or by the patient's "primary caregiver." The law also protects California physicians from punishment for recommending medical marijuana to patients. Marijuana contains tetrahydrocannabinol, or THC, the psychoactive ingredient that provides the high for recreational users but also helps relieve nausea from cancer treatments or AIDS, chronic pain from injuries or arthritis and symptoms from other ailments, such as glaucoma or anorexia. Council members were preparing to implement an ordinance earlier this year. But in June, the U.S. Supreme Court ruled the federal government could continue to enforce federal marijuana laws even in states such as California where the use of marijuana for medical purposes has been approved either by voters or legislators. The new ordinance, prepared by the office of City Attorney Dan Dooley, is mindful of the federal prohibition: "It is the City Council's intention that nothing in this ordinance shall be deemed to prevent federal prosecution of violations of the Controlled Substances Act within the City of Visalia." Another portion of the ordinance shows just what a fine line the city is walking: "The City of Visalia neither condones nor condemns the use of marijuana, but finds it important to ensure that the adverse impacts from the medical use of marijuana are minimized." The ordinance, if approved, would require Nunes to obtain a permit, according to the new law's requirements, within 90 days of taking effect. Also tonight, the City Council will consider: A recommendation to adopt the East Downtown Strategic Plan, intended to help guide the revitalization of a half-mile-square district centered on East Main Street and bounded by Bridge Street, Goshen Avenue, Ben Maddox Way and Mineral King Avenue. Awarding a $1.5million contract to Pinnacle CNG of Texas for the construction of a compressed-natural gas fueling station for city vehicles. Approving a contract with Lewis C. Nelson & Son Construction of Selma to build a new bus operations and maintenance facility for Visalia's city transit operations. Increasing dog and cat license fees charged by Valley Oak SPCA, which provides animal control and licensing services for the city. SIDEBAR Ordinance proposal * Establish a special medical marijuana business permit and require a background check of the owners, managers and employees before issuing a permit. * Prohibit smoking, ingesting or consuming marijuana on the premises of the business. * Require cultivation to take place in a "secure, locked and fully secured structure" and limit cultivation or processing to no more than 99 plants. * Limit medical-marijuana businesses to the city's service-commercial zoning districts. * Prohibit such businesses within 500 feet of any residential zone district; or within 1,000 feet of another dispensary or such "sensitive" uses as a school, recreation center, library, park, day- care center or church, or any youth-oriented establishment. - --- MAP posted-by: Jay Bergstrom