Pubdate: Tue, 19 Jun 2012
Source: San Francisco Chronicle (CA)
Copyright: 2012 Hearst Communications Inc.
Contact: http://www.sfgate.com/chronicle/submissions/#1
Website: http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
Author: Bob Egelko

CITY ATTORNEY: CITIES CAN CONTROL POT DISPENSARIES

Cities and counties in California have authority to issue permits for
medical marijuana dispensaries and regulate their activities, San
Francisco's city attorney told the state Supreme Court on Monday in a
challenge to an appellate ruling that would prohibit local operating
permits for pot collectives.

The state's top court has agreed to review a decision in October by an
appellate panel in Los Angeles that said a city's decision to
authorize medical marijuana suppliers puts a stamp of approval on
activity that federal law forbids and interferes with federal drug
enforcement.

The ruling, suspended when the high court granted review in January,
would not ban pot dispensaries in California. It would instead require
local governments to either prohibit them or allow them without
permits, subject to local zoning requirements and health and safety
laws.

That would actually reduce local regulation of the dispensaries and
make it less effective, City Attorney Dennis Herrera said in Monday's
filing, which was joined by Santa Cruz County Counsel Dana McRae.

By issuing a permit, a local government can require a dispensary to
take security measures, control parking, traffic and fire hazards, and
reduce water pollution, Herrera and McRae told the court.

They said the October ruling prompted at least 12 local governments,
including Napa and Santa Cruz counties and the cities of Albany and
Union City, to suspend or repeal their dispensary permit systems.

The ruling, if upheld, could also jeopardize legislation already
approved by the state Assembly to create a statewide board to regulate
medical marijuana suppliers, the lawyers said.
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