Pubdate: Sat, 04 Jun 2005
Source: Turlock Journal (CA)
Copyright: 2005 Turlock Journal
Contact:  http://www.turlockjournal.com/
Details: http://www.mapinc.org/media/3816
Author: Herb Smart

PLANNING COMMISSION WANTS TO WAIT ON MEDICINAL MARIJUANA

Turlock should bar medicinal marijuana sales in Turlock until the US
Supreme Court makes a decision in coming months. That's what members
of the Turlock Planning Commission said during a meeting on Thursday.

Calling the issue difficult, Planning Manager Michael Cooke informed
commissioners that no applications for medicinal marijuana shops have
been filed with the city, but the City Council has asked to hear the
commission's view on the issue.

"If we outright ban (the use of medicinal marijuana), we are looking
for a fight that we don't need," Planning Commission Chairman Amos
Reyes said at the meeting.

Commissioner Mike Brem felt the zoning of possible medicinal marijuana
shops was one of the city's less pressing concerns.

"Is this the most burning issue in the city?" Brem asked. "I don't
think so. There are a lot of things to be done in this town."

Commissioner Soraya Fregosi disagreed with Brem, pushing for the
commission to take a proactive approach on the issue and discuss
possible zoning or regulations of future medicinal marijuana shops.

In a discussion with Turlock Police Department Chief Lonald Lott
sometime before the meeting, Cooke said Lott was concerned about
robberies at the shops - whether from the shops themselves or
customers who may be robbed after exiting the shops.

Cooke also noted since the state is behind in its efforts to provide
proper registration for medical marijuana users, police officers have
no way of knowing if people using the drug are using it for medical
reasons.

Reyes argued the commission should ponder strict regulations on
medical marijuana shops if the Supreme Court deems their existence
constitutional. He said extensive fingerprinting of customers,
background checks for shop workers, and heavy security to protect
customers are three possible items to consider.

Most commissioners agreed it is not their role to decide the legality
or ethics of medicinal marijuana use. Instead, members want to make
sure there is a way to handle the process of medical marijuana shop
operations and locations if they are legalized nationwide.

Commissioner Ted Howze was worried of the repercussions that may occur
as a result of going against federal law. Currently, the state - since
the passing of Proposition 215 by voters in 1996 - deems medical
marijuana use acceptable in some instances as long as it is
recommended by a doctor. Federal law deems the use illegal, hence the
current Supreme Court case.

Howze questioned what would happen to the city's federal funding if
the city opposed the "law of the land." He noted that was enough
justification to impose a temporary halt - legally referred to as a
moratorium - on any possible medical marijuana shops.

As the meeting came to a close, commissioners arrived at a consensus
that a moratorium would be the best way to handle the situation if any
medical marijuana advocates chose to open a shop in Turlock. Cooke
will advise the City Council of the commission's finding in the coming
weeks. 
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MAP posted-by: Richard Lake