Pubdate: Wed, 05 Feb 2014
Source: Las Vegas Review-Journal (NV)
Page: 1B
Copyright: 2014 Las Vegas Review-Journal
Contact: http://www.reviewjournal.com/about/print/press/letterstoeditor.html
Website: http://www.lvrj.com/
Details: http://www.mapinc.org/media/233
Author: Jane Ann Morrison

COUNCIL NEARS VOTE CAUTIOUSLY

Proponents of Dispensaries Warn Officials Against Too Much
Regulation

On the eve of a City Council vote about whether to move forward to
allow medical marijuana dispensaries within Las Vegas city limits, the
city Planning Commission held a workshop Tuesday on how to regulate
zoning if they do become a reality.

After listening to planning commissioners' concerns, one proponent
said they should realize they're "regulating pot, not plutonium."

Las Vegas Planning Director Flinn Fagg outlined zoning and business
licensing suggestions to an audience of about 60 people eager for the
city to approve medical marijuana dispensaries. Afterward, some
commissioners expressed reservations about regulating dispensaries,
even concerns about transportation issues.

Michael McAuliffe, political outreach director of WECAN, an advocacy
group for medical pot, warned city officials against overregulating.
"They're trying to be so careful in their effort to avoid missteps,"
he said of staff and commissioners.

Proponents said commissioners' concerns about transportation issues
were unfounded.

"There's no evidence to suggest there would be explosions or fire,"
one advocate said.

Las Vegas Councilman Bob Coffin, a medical marijuana proponent who
wants to try it for his chronic back pain, said staff and
commissioners are too restrictive.

"They're probably overly cautious at this point," Coffin said. "As
they get used to it, they'll find it is not as complicated as they
thought."

The planning commissioners would be forming zoning and business
license regulations if the City Council goes ahead with allowing the
dispensaries.

Staff suggested extensive regulations, such as banning dispensaries
from locations close to schools, day cares or churches, prompting
advocate Steven Cooksey, a licensing consultant for MadMen, to say
officials were treating the dispensaries like a vice.

Along with several others, he urged officials not to restrict delivery
of medical marijuana to patients because that forces frail patients to
go to dispensaries.

The city has been hesitant since this past fall to give staff the OK
to proceed and the agenda item on Wednesday states the council will
receive a status report on the state regulations "and direct staff on
the development of local regulations" regarding establishing
dispensaries within city limits.

Voters approved allowing using pot for medical purposes in 2000, but
didn't outline how they could obtain it, other than decriminalizing
the growth of marijuana for personal medical use. It took until 2013
before Senate Bill 374 was passed allowing dispensaries. Pushed by
Sen. Tick Segerblom, D-Las Vegas, the bill passed with bipartisan
support. It would allow 40 dispensaries in jurisdictions within Clark
County. While county officials embraced the idea, the city hasn't been
so eager, nor has Henderson. Las Vegas, Henderson and Mesquite placed
moratoriums on the idea for now.

It's possible Las Vegas could lift that moratorium at today's council
meeting. It would take four out of seven votes to approve moving
forward. While 4-3 splits are commonplace at the Clark County
Commission, they are less frequent in Las Vegas City Hall. Mayor
Carolyn Goodman opposes the idea. So does retired police officer
turned councilman Stavros Anthony.

Those who have openly favored the dispensaries include Coffin, Bob
Beers and Ricki Barlow. That leaves Lois Tarkanian and Steve Ross as
the deciding votes.

Among the power brokers in the audience were lawyers and consultants
hoping to profit by guiding others toward a license and former GOP
state Sen. Sandra Tiffany, who wants to get licensed herself to
operate a dispensary.

Las Vegas City Attorney Brad Jerbic has told the council he cannot
advise the council on how to draft a medical marijuana ordinance since
pot possession for any reason remains in violation of federal law. He
dropped by the planning commission's work session before it started,
but didn't stay.

There are millions of dollars to be made by setting up the
dispensaries. Cooksey's firm has about half-a-dozen clients eager to
set up shop across Nevada.

With a limitation of 40 dispensaries in Clark County, the competition
for a license will be intense, especially since Nevada is the first
state to allow providers of medical marijuana to sell at a profit,
according to Cooksey. "Elsewhere it's a nonprofit."

With such restrictions, McAuliffe said it could end up that the number
of owners "could fit in a stretch limo."  
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