Pubdate: Sat, 10 Jan 2009
Source: Hi-Desert Star (Yucca Valley, CA)
Copyright: 2009 Hi Desert Star
Contact:  http://www.hidesertstar.com/
Details: http://www.mapinc.org/media/3921
Author: Rebecca Unger
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

COUNCIL EXTENDS MEDICAL-MARIJUANA BAN

YUCCA VALLEY -- The Town Council Thursday night approved extending a 
45-day moratorium on new medical marijuana dispensaries or its 
distribution at existing businesses an extra 10 months and 15 days.

Deputy Town Manager Shane Stueckle said staff members hope to be 
ready to submit their findings on the issues to the Planning 
Commission in February or March, and to have a second reading of a 
ordinance on marijuana dispensaries ready for the council by June at 
the latest.

The moratorium first was approved at the council's Dec. 11 meeting.

With all of the complex issues involved, council members thought the 
extra months granted in the extension would enable the planning 
commission to examine alternatives and provide guidance to staff on 
sensitive land uses, appropriate zoning districts for dispensaries 
and their buffer zones, how to handle existing uses that become 
non-conforming through new zoning, and how to prevent problems that 
could result if dispensaries are located in the town.

They asked for the moratorium in response to the controversy over 
California Alternative Medicinal Solutions and its present location 
in the Monterey Business Center. The acupuncture clinic and marijuana 
dispensary sits next to the Desert Ballet Center and Yucca Valley 
Karate, two studios that offer classes designed for youngsters.

At the Dec. 11 meeting, Deputy Town Manager Shane Stueckle said CAMS 
will be allowed to stay open at that location because its owners had 
"conformed to the regulations in place at the time they established 
their business and obtained their business license in the Town."

Staff also found the CAMS location is legal under California land-use laws.

At Thursday's meeting, Patricia Bristow, owner of Desert Ballet, 
spoke during the public hearing. "The problem as I see it is 
location," the woman said. "We've been in business there for the last 
20 years. They've said they will open when classes are not in 
session, but this is not working for us."

The next speakers were not as restrained. "They cannot close the 
dispensary because of you!" Patricia Williams shouted at the council 
members. "How do you know people aren't high when they're pulling 
into the parking lot? Because of you, children could get ahold of 
this. Because you put a moratorium in place they can stay here." She 
continued by excoriating last month's meeting attendees as Landers 
residents having criminal drug charges.

Parent Lori Green came armed with a bulging binder of complaints and 
documents about drug abuse and crimes like robberies and shootings.

Green, too, lambasted the previous meeting's audience members as 
out-of-towners who don't pay taxes in Yucca Valley but are pushing a 
pro-pot agenda. She also accused the council of complicity with the 
destruction of morals and of not taking their oaths of office seriously.

William Green asserted that even if he had cancer and lived in pain, 
he wouldn't jeopardize the health and morals of the community by 
insisting on using medical marijuana.

He also disparaged the audience members from last month. "Look at the 
speakers who were here. They didn't just start smoking medical 
marijuana -- they've been smoking since they were teens! I want 
children to live drug free as guaranteed by the United States Constitution."

Wrestling with the complex issues of state and federal law, Mayor 
Frank Luckino said to attorney Naomi Silvergleid, "I always thought 
that federal law trumped state law."

Silvergleid replied the council must deal with land-use issues. 
"Municipalities don't have to figure out what trumps what," she said.

Sheriff's station Capt. Donnie Miller said his department doesn't 
support Proposition 215, the "medical marijuana" initiative that was 
made state law 12 years ago.

He noted the County of San Bernardino is in litigation over its 
refusal to uphold the proposition.

A medical marijuana advocate recently filed a suit against the county 
to compel it to issue medical marijuana identification cards.

The mayor, a parent himself, voiced his sensitivity to influences on 
young children, and said, "There is an element sort of floating 
around" the dispensary.
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MAP posted-by: Jay Bergstrom