Pubdate: Tue, 21 Jun 2005 Source: Daily Pilot (CA) Copyright: 2005 Los Angeles Times Contact: http://www.dailypilot.com/ Details: http://www.mapinc.org/media/578 Author: Alicia Robinson, Daily Pilot Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) COSTA MESA WEIGHS MEDICAL POT BAN City Will Discuss Whether To Place Moratorium On Proposed Marijuana Dispensaries. The Costa Mesa City Council will decide tonight whether to follow a number of Southern California cities in banning the establishment of dispensaries that distribute medical marijuana. Both Costa Mesa and Newport Beach have been approached by people interested in opening medical marijuana facilities. In response, Newport Beach's City Council in May voted to put a 45-day moratorium on such dispensaries while the city figures out whether to allow them and, if so, under what conditions. Costa Mesa City Council members now face the same decision. In a split vote last month, the Planning Commission recommended a moratorium on marijuana dispensaries. During the moratorium, the city would create rules under which people can apply for permits to operate dispensaries. California law allows the use of marijuana as a medical remedy. However, officials are still hashing out how that law is affected by a June 6 U.S. Supreme Court ruling that medical marijuana users can be prosecuted under federal drug laws. Planning Commissioner Donn Hall said he proposed that recommendation because to forbid medical marijuana dispensaries would be tossing the voters' will out the window. "It's basically telling them: 'We don't care what you said. We're smarter than you,'" Hall said. In spite of the Supreme Court ruling, some organizations are interested in opening medical marijuana facilities, so the council will have to make a policy decision on whether to allow them, Costa Mesa City Attorney Kimberly Hall Barlow said. "We just feel that in light of the inquiries that have been made, that particular type of use should be addressed in our code," she said. Although three of the five planning commissioners supported creating rules to govern marijuana dispensaries, it's not clear whether the council will agree. As a Sheriff's deputy, Mayor Allan Mansoor said he would be concerned about the increases in crime that other cities with medical marijuana dispensaries have seen. "If we're talking about dispensing drugs, that's what we have pharmacies for," he said. "Let it go through the established route." - --- MAP posted-by: Beth