Pubdate: Wed, 15 Jun 2005
Source: Tribune, The (CA)
Copyright: 2005 The Tribune
Contact:  http://www.sanluisobispo.com/mld/sanluisobispotribune/
Details: http://www.mapinc.org/media/391
Author: Lindsay Christians, Leslie Griffy contributed to this report
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

MORRO BAY'S POT DISPENSARY BAN WILL END

It's The Only City In The County Where A New Dispensary Could Open;
Extending The Ban Failed By One Vote

The Morro Bay City Council on Monday did not extend a temporary ban on
medical marijuana dispensaries, making it the only city in the county
where a new dispensary could open.

Extending the ban required a four-fifths vote; only three council
members supported the extension.

Police Chief John DeRohan and City Attorney Rob Schultz had encouraged
the council to extend the ban, which was set last month, to provide
time to craft regulations on future dispensaries, such as how many
patients they could serve, where they could be located and what their
hours could be.

"A lot of cities are regulating (dispensaries)," Schultz said.
"They're saying it's fine, but only for residents of the city so you
don't have people coming from all over."

In banning the dispensaries temporarily, Morro Bay followed Arroyo
Grande, Grover Beach, Pismo Beach, San Luis Obispo, Atascadero and
Paso Robles.

Many of those temporary bans last for 10 more months, Schultz said.
And several cities are looking at banning dispensaries
permanently.

DeRohan said the challenge with medical marijuana dispensaries comes
with the lack of uniform identification cards and the conflict between
federal and state laws.

Last week, the Supreme Court upheld the federal government's right to
prosecute patients but didn't overturn California's medical marijuana
law.

"Our police attorneys are saying it could put any city at risk for
allowing a dispensary to come in and violate federal law," DeRohan
said, though he added that officers will not begin prosecuting any
dispensaries that set up, on the advice of the state attorney general.

Louis Koory, an attorney who handles most of the county's medical
marijuana cases, called Morro Bay's decision "the right thing to happen."

"As far as my clients are concerned, that is one less city that will
be subject to challenge," Koory said. "Whether or not anything will
open up there, I just don't know.

"There is a need in that area for medical marijuana to be distributed
in a reasonable and responsible fashion."
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MAP posted-by: Larry Seguin