Pubdate: Sat, 31 May 2014
Source: Press-Enterprise (Riverside, CA)
Copyright: 2014 The Press-Enterprise Company
Contact: http://www.pe.com/localnews/opinion/letters_form.html
Website: http://www.pe.com/
Details: http://www.mapinc.org/media/830
Author: Brian Rokos

INLAND CITIES CONFIDENT POT-SHOP BANS WILL STAND

A medical marijuana advocate, however, sees the progression of federal
legislation as a ray of hope.

A longtime Inland activist was hopeful Friday that a House vote on a
bill related to medical marijuana would be a step toward overturning
local bans on dispensaries, but city leaders said they doubted that
the bill, even if it became law, would affect those bans.

An amendment to an appropriations bill blocks the federal government
from spending money to prohibit the implementation of state laws
authorizing medical marijuana. If the Senate passes the bill and the
president signs it into law, states like California would be able to
continue their medical marijuana programs, without threats from the
federal government.

Even though California allows the prescription of medical marijuana,
cities such as Riverside and Temecula have used zoning laws to ban
dispensaries.

Lanny Swerdlow, who has battled Riverside's ban in court, said the
House vote was "long overdue."

"What is important is that this is the first time that Congress has
ever voted in favor of a medical marijuana bill. It has come up for
several years, it has always failed, and this year it passed. It
indicates Congress is beginning to reflect the will of the American
people."

The Temecula City Council has long worked to block the establishment
of medical marijuana storefront operations within its borders. And
Mayor Pro Tem Jeff Comerchero said Friday that the action by the House
won't turn any sort of local tide.

"I don't think this changes the city's position," he said. That
position has been upheld by the courts, which ruled cities can use
zoning laws to prohibit the establishment of dispensaries or
collectives operated out of storefronts.

Talking about the broader issue of medical marijuana and the often
emotional testimonials of people who have experienced benefits from
the drug, Comerchero said he has always felt that if there is a
medicinal benefit, it should be regulated and sold through normal
channels, prescribed by a doctor and sold through a pharmacy.

"Why should it be any different than morphine or painkilling drugs?"
he asked.

Temecula Mayor Maryann Edwards said the bill sets a terrible precedent
that creates a conflict within the Drug Enforcement Administration,
which she said will be ignoring federal law in certain states while
enforcing it in the others.

Riverside City Attorney Greg Priamos could not immediately be reached
for comment Friday afternoon.

The federal government has changed its stance on medical marijuana
over the years.

In 2009, U.S. Attorney General Eric Holder said the Obama
administration would not target medical marijuana users and suppliers
who are complying with the laws in states that legalized its use.

But that changed in 2011, when the four U.S. attorneys in California
said the state's medical marijuana laws were being used by some as a
cover for unlawful, for-profit, grow-and-sell operations.

The attorneys said they would send forfeiture letters to landlords if
they believed the tenants were making illegal marijuana sales from
their storefronts.

Those letters told property owners they were leasing to an illegal
operation under federal law and could be subject to legal action that
could result in loss of the building.

Local governments in cooperation with federal authorities used the
letters as part of their efforts to shut down suspect
dispensaries.

Riverside took the lead on local governments passing bans on all
medical marijuana dispensaries, regardless of compliance with state
law.

In 2007, Riverside's zoning law banning the storefronts became the
lead case when the California Supreme Court took up the issue and in
2013 upheld the city, saying nothing in California's medical marijuana
laws trumped the city's right to ban dispensaries.

The ruling cleared the way for local governments throughout the state
to continue enforcing or to enact laws that peremptorily ban medical
marijuana clinics.

In a report to the Riverside City Council, Priamos said at least 81
dispensaries had been shut down in the city.

This month, Riverside Safe Access, a group advocating re-establishment
of about 10 highly regulated medical marijuana dispensaries in
Riverside, gained enough petition signatures for the city's June 2015
ballot.
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