Pubdate: Fri, 7 Dec 2007
Source: Whittier Daily News (CA)
Copyright: 2007 Los Angeles Newspaper Group
Contact: http://www.whittierdailynews.com/writealetter
Website: http://www.whittierdailynews.com/
Details: http://www.mapinc.org/media/497
Author: Melissa Pamer, Staff Writer
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)
Bookmark: http://www.mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/topic/Proposition+215

CITY BANS POT SHOPS

Restrictions to Be Considered

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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MAP posted-by: Richard Lake