Pubdate: Sat, 19 Jun 2010
Source: Hi-Desert Star (Yucca Valley, CA)
Copyright: 2010 Hi Desert Star
Contact:  http://www.hidesertstar.com/
Details: http://www.mapinc.org/media/3921
Author: Rebecca Unger
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

TOWN BANS MARIJUANA DISPENSARIES

YUCCA VALLEY - The Town Council voted four to member  Lori Herbel's 
one to ban marijuana dispensaries in the  town's boundaries Tuesday.

The ordinance comes up for a second reading in August,  where 
approval would turn Yucca Valley's existing  moratorium into a 
permanent ban, effective in 30 days.

The health collective that provides medical marijuana,  California 
Alternative Medicinal Solutions in the  Monterey Business Center, 
will be partially protected  by the new ban. The ordinance allows the 
town to  consider "amortizing" CAMS, asking it to wind 
down  operations over a period of time.

Dissenting vote a turnaround

Herbel's vote against the ban was a turn from her  earlier stand; she 
has consistently voted with her  fellow council members in favor of 
moratoriums on  marijuana. At an October council meeting, she joined 
the vote to direct staff to work with the Planning  Commission to 
draft the ban.

When Herbel declared her intention to vote against the  ban Tuesday, 
applause erupted from the crowd.

"This is about compassionate use," Herbel said. "I want  to make sure 
we keep at least one dispensary in town."

Councilman Bill Neeb said he supports the ban, with 
the  understanding that it doesn't automatically close CAMS.

Co-op owner says danger overstated

Every time the topic has come before the Planning  Commission or the 
Town Council, public comment has been  overwhelmingly in favor of dispensaries.

Tuesday, D.J. Ross, the executive director of CAMS,  took exception 
to his business being lumped into staff  presentations about violent crimes.

"In the two years that CAMS has existed, not one  incident, 
documented or not, reported or not, has ever  occurred where a child 
or a person was in danger,  directly or indirectly, as a result of 
CAMS operations," Ross said.

"In fact, in the two years that CAMS has existed, the  percentage of 
secondary impacts has actually decreased  roughly 10 percent."

Ross cited the Sheriff's Department website as his  source for the statistic.

Medical-marijuana opponent Lori Green reminded Town  Council members 
they just eliminated one code  enforcement officer.

"While a few cities have successfully regulated  dispensaries, it 
requires being extremely proactive. We  are left with limited 
resources to allow us to be  proactive enough," she said.

Green also noted that since the federal Food and Drug  Administration 
has not allowed for marijuana to be  used, its safety is in question.

Marijuana is classified as a Schedule 1 Controlled  Substance along 
with heroin and PCP.

The American Medical Association's policy-making House  of Delegates 
voted last year to ask the federal  government to rethink that 
classification so meaningful  studies could be done on the merits of 
medical  marijuana without being hampered by a difficult access  process.

Is town open to lawsuits?

Councilman Frank Luckino asked attorney Douglas Haubert  if enacting 
the ban would make the town liable in  lawsuits.

"I don't see any liabilities from adopting a land use  prohibition," 
Haubert replied. "I am not aware of any  city in California that has 
been sued successfully for  doing what's before the council tonight."

In recent months several cities, including Twentynine  Palms, have 
enacted legislation that limits or bans  medical-marijuana 
dispensaries. Some cited illegal  operations, some claimed an 
increase in crime, while  others simply wished to halt unwanted proliferation.

One high-profile case going through the appeals court  is Qualified 
Patients Association versus the city of  Anaheim. It's possible that 
a ruling here could  determine whether a city can use zoning 
ordinances to  prohibit dispensaries operating under state law.

San Bernardino County supervisors voted Tuesday for a  one-year 
extension to the county's moratorium on  medical-marijuana 
dispensaries and collectives in  unincorporated areas.
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MAP posted-by: Jay Bergstrom