California, Paso Robles

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Paso Robles Bans Medicinal Marijuana Sales

<span class=postbold>City Council adopts ordinance prohibiting dispensaries within city limits</span>

By: Amy Andrews
KSBY Channel 6
Tuesday, January 17, 2007

Another Central Coast community says "no" to medical marijuana dispensaries.

Currently, 12 states -- including California -- allow the use of medical marijuana. In 1996, California voters passed Proposition 215, allowing the use of the drug for medical purposes with a doctor's recommendation.

Despite the states' individual laws, the federal government still prohibits the use and distribution of marijuana.

Action News reporter Amy Andrews joins us with why this conflict between federal and state law is hitting home for some Central Coast residents.

Medicinal marijuana was a high priority for the Paso Robles City Council at Tuesday night's meeting. The city is among several others locally against allowing dispensaries in their community.

Paso Robles resident Brenda Cowan considers herself lucky, despite being stricken with degenerative joint and lumbar disease as well as acute arthritis.

"Being able to use medical marijuana cures the pain enough to where I have somewhat of a normal life instead of being a prescription drug addict," says Paso Robles resident Brenda Cowan.

Cowan has no problem getting her medicinal marijuana. However, she believes government officials on the Central Coast are slowly but surely making it more difficult.

Tuesday night, the Paso Robles City Council adopted an ordinance prohibiting dispensaries within the city.

"Concerns of burglaries, robberies, inappropriate loitering ... those secondary impacts of the facilities are inconsistent with our general plan policy," says Ron Whisenand of Paso Robles Community Development.

Local attorney Luis Koory says the Paso Robles ban -- along with a recent moratorium in Morro Bay -- is ripe for a legal challenge.

"I think those cities can anticipate that those moratoriums will be challenged within a year and those challenges are going to come in the form of litigation," says Koory.

But local officials are putting stock in the fact that federal law trumps state law.

"The main thing is the conflict between state law as passed by the voters, and federal law, and the concern we have as a city is allowing a use that clearly violates federal law," says Whisenand.

Those who use medical marijuana to cope with pain say they will continue to do so, even if they have to travel to get it.

"We have legitimate medical circumstances that call for certain medication," says Cowan. "Would you deny a diabetic their insulin?"

In February, the San Luis Obispo County Board of Supervisors will consider amending zoning laws to allow dispensaries in unincorporated areas.