Pubdate: Mon, 09 Aug 2010
Source: Glendale News-Press (CA)
Copyright: 2010 Times Community Newspapers
Contact:  http://www.glendalenewspress.com/
Details: http://www.mapinc.org/media/167
Author: Melanie Hicken

DISPENSARY BAN LIKELY TO CONTINUE

Council Is Expected To Extend Moratorium On Sites That Sell Marijuana.

CITY HALL -- A temporary ban on pot dispensaries in Glendale will 
likely continue after the City Council on Tuesday considers extending 
the current moratorium.

Medical marijuana dispensaries are prohibited under the city's 
current zoning codes, but the City Council approved a moratorium last 
year to close Glendale's borders to the shops as city attorneys 
analyzed a complicated legal landscape.

City attorneys on Tuesday will recommend that the City Council extend 
the moratorium for an additional year as they await an appellate 
court ruling on an Anaheim ban and the results of a November ballot 
initiative to legalize and tax marijuana sales.

Because of those pending developments and the conflict between state 
and federal law, there is a "lack of certainty in the ability to ban 
or heavily regulate marijuana dispensaries," said City Atty. Scott Howard.

But that hasn't stopped Mayor Ara Najarian from expressing his 
opposition to allowing the stores in Glendale.

"A recent double homicide in Los Angeles highlights the point that 
there is a lot of inappropriate and unsavory activities that go on 
around those dispensaries," he said Friday. "They really increase the 
likelihood of abuse and inappropriate sales."

Citing similar reasoning, cities across the state have tried to 
regulate the proliferation of the shops, including a recent crackdown 
in Los Angeles. Other agencies have chosen to ban them altogether, 
with the most recent regulations proposed by Los Angeles County 
Supervisor Mike Antonovich for the county's unincorporated areas.

In touting the ban, Antonovich cited the explosive growth of pot 
dispensaries in the region and difficulties enforcing restrictions on 
existing clubs.

Medical marijuana advocates counter that the increasing dispensary 
bans violate state law and hurt legitimate prescription users of the drug.

"Dispensaries serve a critical function for our most seriously ill 
and should be encouraged, not banned," Kris Hermes, a spokesman for 
Americans for Safe Access, said in a statement. "Thousands of 
patients in California cannot cultivate their own medical marijuana, 
and rely on local dispensaries for safer access than the illicit market."

City attorneys expect some legal clarity on the contentious issue 
from the 4th District Court of Appeal, which is expected to issue a 
ruling on Anaheim's ban later this month.

But that clarity could still be muddled if California voters in 
November approve Proposition 19, which would legalize marijuana 
sales, Howard said.

Once the two looming issues are resolved, the City Council can then 
consider whether to ban, regulate or allow the stores, officials said.

"We will be conducting ourselves and our ordinances and zoning 
restrictions accordingly," Najarian said. "But generally I don't 
think it's right for Glendale."
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MAP posted-by: Keith Brilhart