Pubdate: Sun, 10 May 2009
Source: Santa Maria Times (CA)
Copyright: 2009 Lee Central Coast Newspapers
Contact: http://www.santamariatimes.com/contact/letter/
Website: http://www.santamariatimes.com/
Details: http://www.mapinc.org/media/396
Author: Julian J. Ramos
Bookmark: http://mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

GUADALUPE TO MAKE STAND ON MEDICAL MARIJUANA

Medical marijuana dispensaries could be temporarily prohibited from 
setting up shop in Guadalupe under an urgency ordinance scheduled for 
approval at Tuesday's City Council meeting.

The council is also set to mull a move to adopt a permanent ban on 
the dispensaries when it meets at 6 p.m. in Council Chambers, 918 Obispo St.

At the moment, the city has no regulations against a medical 
marijuana dispensary within city limits, according to the agenda 
report from City Attorney David Fleishman.

An urgency ordinance -- good for 45 days and effective immediately -- 
would prohibit medical marijuana dispensaries from opening in the city.

The text of the urgency ordinance states "It is necessary for the 
preservation of the public peace, health and safety to enact as an 
urgency ordinance prohibiting the establishment and operation of 
medical marijuana dispensaries in any zone of the City of Guadalupe." 
Additionally, "The city can expect to suffer the adverse secondary 
effects of such businesses and enforcement problems if such 
businesses are allowed in the absence of new and revised regulations."

The temporary ban would be a stop gap until a formal permanent 
ordinance is adopted, Fleishman said.

Mayor Lupe Alvarez said the move is a "proactive" and the city has 
had no applications for a pot clinic nor has one opened that the city 
is aware of.

According to Alvarez, an individual seeking to open a dispensary said 
he would seek a ballot initiative to allow one if the council didn't 
support the idea.

At a recent meeting, the council agreed they don't want a medical 
marijuana facility in the community and directed the City Attorney to 
draw up an ordinance.

If the council moves forward to adopt an ordinance, it will go 
through the city Planning Commission for a recommendation before 
reaching the council.

It is a crime under federal and state law to manufacture, distribute, 
dispense or possess marijuana, but the state makes an exception for 
the use of pot for medical purposes with a doctor's prescription.

In the time since California legalized medical marijuana 
dispensaries, several that were established on the Central Coast have 
shut down after their operations were disrupted by raids by federal agents.

In March, however, there was a significant shift in federal policy 
toward medical use of marijuana. It was announced that the Justice 
Department will no longer prosecute pot dispensaries that operate 
legally under state law, an about-face from the policies of the Bush 
administration.

However, several Central Coast cities, including Santa Maria, 
Buellton, Arroyo Grande and Pismo Beach, have passed ordinances 
banning medical marijuana dispensaries within city limits.

Last month, a dispensary opened in Orcutt's Evergreen Shopping Center 
to no fanfare. Within weeks, the Wishing You Wellness clinic closed 
just as quietly after the shopping center owners decided to terminate 
its month-to-month tenancy.

It was the only known North County medical marijuana dispensary, 
although Santa Barbara County has no prohibitions against them.
- ---
MAP posted-by: Jay Bergstrom