Pubdate: Mon, 01 Nov 2010
Source: Hesperia Star (CA)
Website: http://www.hesperiastar.com/
Contact: http://www.hesperiastar.com/sections/letters-to-the-editor/Fax:
Fax: (760) 956-6803
Address: 17045 Main Street' Hesperia, CA 92345
Copyright: 2010 Freedom Communications
Author: Peter Day

MEDICAL MARIJUANA GROUP EYES CITY'S INDUSTRIAL AREA

Members of a medical marijuana patients group are hoping to open a 
medical marijuana collective in Hesperia's industrial area.

The group already has scouted several locations whose landlords have 
expressed interest, said Kevin Sutman, spokesman for the West Coast 
Patients Group.

Group members are working on the framework of a proposed city 
ordinance, which they hope will go before the Hesperia Planning 
Commission next month. If the commission gives the draft ordinance 
the green light, the medical marijuana ordinance would go before the 
City Council.

"As soon as the City Council approves it, we can get a business 
license and we're open,"  Sutman said. "We all live here in Hesperia. 
This is the community where we'd like to work this out."

But there's one major hurdle "" Hesperia, like numerous other cities 
in California, has an ordinance prohibiting medical marijuana 
dispensaries. So Sutman's group is banking on a current legal case 
known as the "Anaheim case"  to pave the way for a dispensary. At the 
center of the case is a group of medical marijuana patients who sued 
the city of Anaheim for preventing them from setting up a dispensary.

"It's going to set precedents all over the state,"  Sutman said of 
the case, which was given a somewhat favorable ruling for medical 
marijuana proponents in August by a three-judge state appellate court.

The panel agreed with medical marijuana patients that a lower court 
erred when it stated that federal law preempted state law in this 
case. However, the court declared that the lower court appropriately 
stated the medical marijuana patient plaintiffs failed to "state a 
cause of action."  The case could go back to trial courts, which 
would delay an ultimate decision for many months.

Sutman is hoping for a quick resolution on the side of medical 
marijuana patients. That would force cities who have ordinances 
against dispensaries to reevaluate their stances, he said.

If it opens, the Hesperia dispensary would be a central location for 
medical marijuana users who would bring their legally grown cannabis. 
Currently each patient who possesses a doctor's clearance are allowed 
to grow up to six mature plants, he said.

The collective would follow a strict set of guidelines. It would 
serve people 21 and over, and all must verify they are a medical 
marijuana patient.

"It's patients helping patients,"  Sutman said. "Safe access, that's 
our goal. Safe access."
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MAP posted-by: Keith Brilhart