Pubdate: Thu, 08 Dec 2005 Source: Whittier Daily News (CA) Copyright: 2005 MediaNews Group, Inc Contact: http://www.whittierdailynews.com/Stories/0,1413,207%257E12045%257E,00.html Website: http://www.whittierdailynews.com/ Details: http://www.mapinc.org/media/497 Author: Mike Sprague, Staff Writer Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) CITY POISED TO APPROVE POT CENTERS In the dichotomy between state and federal laws on marijuana, Whittier officials appear to be siding with the state, preliminarily agreeing to a proposal allowing marijuana dispensaries but putting strict limits on where they can open. The Planning Commission this week approved a new ordinance that would put in place tight operating rules for marijuana dispensaries and limit them to only a few locations in the city. The 4-0 vote Monday on the ordinance means it now goes to the City Council - with the commission's recommendation for approval - whose members will consider it Tuesday. The council in August directed planning commissioners to draw up such a law. "It was the opinion of our city attorney that you can't ban them," Whittier Mayor Greg Nordbak said. "It's against the law. You have to come with up an area they can be in." Medical marijuana dispensaries have been legal under state law since 1996, when California voters passed Proposition 215, which allows marijuana to be used for medicinal purposes. However, under federal law, marijuana is illegal to possess and use. City officials began studying the issue after someone inquired at City Hall about establishing a marijuana dispensary in Whittier, said Jeff Collier, director of community development. "A person came to the counter, looking at a site in town," he said. "At that point, we felt we had to look at alternatives and come forward with a reasonable standard. "Without any form of guidance in our code, the city could be wide open to locating facilities anywhere in town," Collier said. The proposed ordinance closely follows city guidelines set down for adult businesses, particularly in its language spelling out where dispensaries are allowed to open, said Don Dooley, planning services manager. It limits medical marijuana dispensaries to 12 sites in the industrial areas of Whittier. Also, dispensaries would not be allowed to open within 250 feet of any business that sells or provides drug paraphernalia. The 250-foot limit also applies to homes or apartments. They also would not be allowed within 500 feet of any school, library, day-care facility or park. The ordinance also would prohibit anyone under the age of 18 from entering a marijuana dispensary. It also limits hours of operation to 6 a.m. to 10 p.m., and requires the facilities to provide security guards. R.D. McDonnell, Planning Commission chairman, said the staff did a good in writing up the proposal. "It provides us with reasonable protections, but at the same time provides the opportunity for the legitimate operations," McDonnell said. - --- MAP posted-by: Beth Wehrman