Pubdate: Mon, 09 Jul 2007
Source: Inland Valley Daily Bulletin (Ontario, CA)
Copyright: 2007 Los Angeles Newspaper Group
Contact:  http://www.dailybulletin.com/
Details: http://www.mapinc.org/media/871
Author: Shelli DeRobertis, Staff Writer
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

LOCAL MEDICAL MARIJUANA ADVOCATE REMAINS HOPEFUL

CHINO - A medical marijuana advocate said Monday he is  still hopeful
that the city will be open to regulating  dispensaries, even after
officials have extended a  temporary ban on them.

"I welcome the moratorium and I welcome the  regulation," said Darrell
Kruse, who approached the  city three times since August and asked
them about  regulations on the operation of a medical marijuana  dispensary.

As a result of his inquiries, the City Council  unanimously enacted a
101/2-month ban on dispensaries  at its June 19 meeting, making Chino
at least the 10th  city in the Inland Valley to keep out a
prescription  marijuana dispensary.

The council's vote extended the initial 45-day ban on  such
dispensaries, which was set to expire June 30.

Kruse described a moratorium as a formality cities use  to buy time
for purposes of either banning or  regulating a dispensary.

He is being sued by Claremont for operating a medical  marijuana
dispensary without a business license and was  forced to shut down in
February.

He appeared at Chino's June 19 meeting and asked the  City Council to
use the moratorium extension to  consider regulating a dispensary.

"Allow for marijuana in your city in a safe way, from  someone who has
a recommendation from his physician,"  Kruse said.

Mayor Dennis Yates said the city was caught "between a  rock and a
hard spot" because California approved the  dispensaries, but yet it
is against federal law to  operate them.

Also, he said it's not likely the city's conservative  residents would
be open to a dispensary.

"The council has to take that into consideration,"  Yates
said.

Councilman Tom Haughey said the 5-0 vote was decided  after seeking
legal advice on the issue and watching  what other cities were doing.

"We're going to follow suit," he said.

Chuck Coe, director of community development, said the  additional
time for the ban will allow for the research  process to continue and
the city to put together a  zoning ordinance.

"It's a use not listed in our zoning code," Coe said.  "We had no way
of determining where it was permitted."

At a council meeting in nearby Chino Hills recently,  Mayor Gwenn
Norton-Perry suggested a moratorium be  established, but City Attorney
Mark Hensley said he  didn't feel there was a need to do so.

"Our city attorney believes there's enough rules on the  books to
prevent a dispensary," said Councilman Curt  Hagman.

Norton-Perry later said it was her second request for  Hensley to look
into the subject and that he is  researching what the city needs to do
to be sure a  dispensary won't open in Chino Hills.

But Kruse, who lives in an unincorporated area outside  Chino, said he
will wait to see how Chino officials  vote at the end of the
moratorium and abide by any laws  they pass.

"The best thing they can do is to come up with the  proper place to
have it," Kruse said.
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MAP posted-by: Derek