Pubdate: Tue, 13 Jun 2006
Source: Bakersfield Californian, The (CA)
Copyright: 2006 The Bakersfield Californian
Contact:  http://www.bakersfield.com/
Details: http://www.mapinc.org/media/36
Author: James Burger, Bakersfield Californian
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

SHERIFF'S DEPARTMENT PROPOSES ORDINANCE ON MEDICAL MARIJUANA

An administrative cocktail of pot, privacy concerns and police powers
stopped the Kern County supervisors in their tracks Tuesday.

Kern County Sheriff's Department deputies say they need to regulate
businesses that dispense marijuana legally under state law.

They brought supervisors an ordinance that would impose zoning,
permitting and record-keeping rules on the dispensaries.

Medical marijuana users and activists said the ordinance is an
invasion of privacy and a tool for law enforcement to harass them.

Supervisors said they need more information and more public input
before they decide that this ordinance is right for Kern County.

They postponed a vote on the ordinance for four weeks.

"I think this needs to be regulated, but my problem is (making) a
finding of urgency when the law has been in place for two years and
we've been working on the ordinance for eight months," Supervisor Jon
McQuiston said.

Medical marijuana advocates' biggest problem was with sections of the
proposed ordinance that require owners of medical marijuana
"dispensaries" to keep detailed public records about their patients
and turn them over to law enforcement at a moment's notice.

"This would be a tool for the Sheriff's Department to cross the
constitutional rights of patients," said Doug McAfee, president of the
Bakersfield chapter of NORML, the National Organization for the Reform
of Marijuana Laws.

Chief Deputy Willy Wahl said the ordinance isn't aimed at patients and
wouldn't be a government invasion of privacy rights.

But, he said, the county needs to have a way to make sure the
dispensaries aren't violating state laws.

Amanda Brazel, Los Angeles county field coordinator for Americans for
Safe Access, said the collection and retention of patient and business
records is unprecedented and unjustified.

McQuiston said he didn't vote for medical marijuana, but that he
shared some concerns with Brazel.

"I don't want to see us set a precedent of greater government
intrusion into business," he said. "Do we require banks or other
businesses in Kern County to provide this information?"

Wahl said the four dispensaries in Kern County, and any such
businesses that might open, need to be regulated and secure.
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MAP posted-by: Richard Lake