Pubdate: Thu, 06 Dec 2007
Source: San Gabriel Valley Tribune (CA)
Copyright: 2007 San Gabriel Valley Tribune
Contact: http://www.sgvtribune.com/writealetter
Website: http://www.sgvtribune.com/
Details: http://www.mapinc.org/media/3725
Author: Melissa Pamer, Staff Writer
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

CITY ENACTS MORATORIUM ON POT SHOPS

Zoning Restrictions Mulled

MONTEREY PARK - The City Council voted Wednesday to  temporarily ban 
medical marijuana dispensaries.

In a unanimous vote, the council moved to impose a  45-day moratorium 
on pot shops. During that time, the  city will consider zoning 
restrictions and other  guidelines for dispensaries, officials said.

The move follows two inquiries on the city's dispensary  licensing 
process, officials said. There are no  marijuana shops in Monterey 
Park, and the city has no  regulations for the "clubs," which can 
under state law  distribute pot to those with a doctor's prescription.

Council members said the moratorium would give city  staff time to 
determine what is best for the community  while following the 
California statute.

"The issue is how do we comply with the law in a way  that is safe 
and secure for the residents," Councilman  David Lau said.

Councilman Frank Venti said he would prefer the state  require 
licensed pharmacies to distribute pot, but said  the city has a legal 
responsibility to allow the  dispensaries.

"If the state mandates we have to do this, to avoid  lawsuits we will 
comply," Venti said, adding he was  frustrated by the state law. "Why 
are they putting it  onto the cities to be concerned about their 
local shopping centers? It gives the opportunity for abuse."

Several San Gabriel Valley cities including Baldwin  Park, El Monte, 
Industry and La Puente have adopted  moratoriums on dispensaries. 
Some California cities  have enacted limits on the number of 
dispensaries while  other municipalities have established 
licensing  procedures for the shops, a Monterey Park staff report  stated.

"This is a controversial issue with practically every  city in the 
state of California," Planning Manager Jim  Basham said, adding that 
many cities are waiting for  the resolution of litigation to see what 
the options  are for regulating pot clubs.

A few cities have approved outright bans on  dispensaries, but that 
appears to conflict with state  law. Several cities have been sued 
for such bans.

Medical marijuana distribution under a doctor's  guidance was made 
legal in 1996 when California voters  passed Proposition 215. 
However, the state law  conflicts with federal law, under which any 
use of marijuana is illegal. Federal court rulings have tended  to 
favor the U.S. law.

In the past year, federal agents from the Drug  Enforcement Agency 
have stormed medical marijuana  dispensaries in Los Angeles and West 
Hollywood and in  Northern California.

Monterey Park's temporary moratorium can be extended  for up to two 
years if city staffers show they need  more time to research the 
issue, Basham said.
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