Pubdate: Mon, 22 Oct 2012
Source: San Diego Union Tribune (CA)
Copyright: 2012 Union-Tribune Publishing Co.
Contact:  http://www.utsandiego.com/
Details: http://www.mapinc.org/media/386
Author: Tawny Maya McCray

VOTERS TO DECIDE ON POT ORDINANCES

Props. H, W would allow medical pot dispensaries in Del Mar, Solana
Beach

Voters in Del Mar and Solana Beach will decide in November whether to
allow medical marijuana dispensaries in their cities.

The city councils in both coastal cities voted in July to place a
marijuana ordinance on the ballot. The proposals require that
dispensaries operate away from residences and at least 600 feet from
schools, playgrounds and other areas where children gather.

The ordinances would limit storefront dispensaries to commercial and
industrial areas and levy a 2.5 percent tax on retail transactions.
They also would establish security measures and hours of operation and
require licensing by existing city departments.

The purpose of the ordinances, sponsored by Patient Care Association,
is "to ensure safe access to medical cannabis in (Del Mar and Solana
Beach) for qualified patients and their primary caregivers."

Medical marijuana dispensaries are not allowed in either city under
existing zoning laws.

The initiatives -- called Proposition H in Del Mar and Proposition W
in Solana Beach -- are separate but identical to measures going on
ballots in Lemon Grove and Imperial Beach. They will require a simple
majority vote to pass.

Arguments in favor

In Del Mar, arguments in favor of the proposition have been signed by
a doctor, a patient and cancer survivor, a former sheriff's deputy,
and the former speaker pro tempore of the California Assembly.

They argue that the proposition ensures the safety of patients and the
community by including security requirements including alarm systems,
security cameras, lighting standards and restricting hours of operation.

They say the proposition also ensures that dispensaries are located in
appropriate areas, requires a large buffer zone between dispensaries,
and includes cost recovery fees to ensure that the safe access to
qualified patients does not become a financial burden on the city.

In Solana Beach, a law professor and an addiction treatment expert
have signed arguments supporting the proposition. They argue that
California voters approved medical marijuana in 1996, and eight years
later the Legislature enacted a law to permit storefront collectives
and cooperatives to dispense medical marijuana.

They also point out that a recent appeals court decision in July held
that California law prohibits cities and counties from banning medical
marijuana dispensaries. And they add that allowing regulated access
for qualified adult patients at the licensed dispensaries will not
increase teen abuse.

"In fact, the presence of licensed regulated facilities combats the
black market, displacing drug dealers who deal indiscriminately to our
youth."

Arguments against

In Del Mar, arguments against the proposition have been signed by
Mayor Carl Hilliard, Deputy Mayor Terry Sinnott, the director of San
Diegans for Safe Neighborhoods and the director of the Coalition for a
Drug Free California.

They say the initiative is an attempt to sell a drug considered
illegal by state and federal law.

If the measure is adopted, they say, both the city and its employees
will be at risk for aiding and abetting the violation of state and
federal laws.

"The pot shop initiative is poorly written and seriously flawed," the
argument reads. "Rather than being focused on compassion, it is
centered on selling an illegal drug in our village and making a profit
doing so."

In Solana Beach, those who have signed arguments against the
proposition include Mayor Joe Kellegian, the president of the North
Coastal Prevention Coalition, the executive director of Californians
for Drug Free Youth and the directors of San Diegans for Safe
Neighborhoods and Coalition for a Drug Free California.

They argue that the storefronts are "crime magnets" with cash at the
ready and an easy product to snatch.

They also state that teen use of marijuana has been increasing in the
San Dieguito region for the last five years, interfering with academic
success and motivation.

"Adolescent treatment counselors indicate teens name marijuana 75
percent of the time as the reason they are coming to drug treatment
programs," the argument states.

The opponents also argue that the initiative is illegal by state and
federal standards. They say that while state law does not allow for
the retail sale of marijuana from a storefront, it does allow for the
closed network exchange of marijuana between a patient and a caregiver
who has "consistently assumed responsibility for the housing, health
and safety" of the patient.
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