Pubdate: Thu, 11 Jun 2009
Source: Whittier Daily News (CA)
Copyright: 2009 Los Angeles Newspaper Group
Contact: http://www.whittierdailynews.com/writealetter
Website: http://www.whittierdailynews.com/
Details: http://www.mapinc.org/media/497
Author: Mike Sprague, Staff Writer
Bookmark: http://www.mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

WHITTIER CITY COUNCIL VOTES 3-2 TO CONTINUE TO ALLOW MEDICAL 
MARIJUANA DISPENSARIES

WHITTIER - Medical marijuana dispensaries will continue to be allowed 
in Whittier thanks to a 3-2 City Council vote on Tuesday.

The council decided to maintain its current ordinance regulating 
medical marijuana dispensaries, instead of banning them.

The key vote was Councilman Greg Nordbak, who had voted in April to 
ask staff to draft an ordinance banning the businesses.

But on Tuesday, Nordbak voted with Mayor Bob Henderson and Councilmen 
Owen Newcomer in favor of the status quo.

"I made my decision in 2005 based upon compassion," Nordbak said of 
the then-3-2 vote to pass the ordinance that regulates and restricts 
dispensaries to a small area near Washington Boulevard.

"I talked to people who use medical marijuana and I believed there 
was a need for it," he said. "I'm going to stay with my decision in 2005."

Nordbak said he also likes the fact the ordinance the city passed is 
one of the most restrictive around and isn't worried about any 
clinics that might open.

"I do think our rules are very restrictive," he said. "I can 
guarantee you this. I know there are two council members who will 
keep a clinic's feet to the fire."

Nordbak was referring to Councilman Joe Vinatieri and Councilwoman 
Cathy Warner, both of whom voted in favor of a ban.

There are no medical marijuana dispensaries in Whittier city, 
although there are some in nearby unincorporated areas.

However, a Pico Rivera-based nonprofit group, Seventh and Hope, has 
applied to locate one at 8116 Byron Road, Suite D.

City officials are continuing to process the application.

Vinatieri and Warner gave several reasons for banning such 
dispensaries, concerns about the law and the belief that dispensaries 
may create law enforcement problems.

"In my opinion, federal law clearly states this substance is against 
the law," Warner said. "To me, that's the end of the matter there."

But Newcomer, who had voted against the ordinance in 2005 because he 
favored a ban, said the legality of such dispensaries has changed since then.

"You have the attorney general saying there is a health exemption and 
that it respects state rights and won't intervene as long as you're 
operating within the state laws," he said.

In 1996, California voters approved Proposition 215 allowing 
marijuana to be used for medical purposes.

In addition, the U.S. Supreme Court recently refused to hear an 
appeal by San Bernardino and San Diego counties, which argued that 
federal law outlawing marijuana possession and use pre-empts 
California law allowing possession and use upon a doctor's 
recommendation, Newcomer said.

The counties didn't want to issue medical marijuana cards. San 
Bernardino County officials announced Tuesday they would begin a 
program in 45 days.

Vinatieri said you can't read anything into why the court didn't take the case. 
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MAP posted-by: Richard Lake