California, Huntington Beach

[palmspringsbum]

Medical Pot Is A States' Rights Issue

The Huntington Beach Independent
Sun, 7 Oct 2007
Editorial

Drug and alcohol recovery programs state the definition of insanity as continuing to do the same thing over and over and expecting different results.

That's ironic, because the definition could be applied to the way in which the war on drugs is being fought.

In what appears to be yet another chapter in the war on drugs, Huntington Beach planning commissioners have recommended to City Council members that they prohibit any medical marijuana dispensaries from opening in the city.

Police Chief Ken Small made an impassioned appeal to the commission to make the recommendation because, he argued, the dispensaries would become "magnets for crime," attracting more pot heads than the sick people for which the facilities are intended.

Commissioners also considered the fact that the federal government has been cracking down on landlords who lease space for dispensaries.

It's important to note the U.S. Supreme Court has taken a dim view of medical marijuana laws such as Proposition 215, making it likely that states' rights will eventually be superseded completely by federal law.

So it would seem prudent to take action on this issue before it becomes a problem. But we fail to see that there is a problem, because there are no medical marijuana dispensaries in Huntington Beach. And there doesn't appear to be any organized effort by residents to keep them out of town.

In fact, even the conservative Orange County Board of Supervisors this summer approved a measure to license marijuana use for medical reasons. If county supervisors don't appear concerned about abuse of the system, then why worry about it here?

In fact, don't city officials have many more urgent issues to discuss, such as graffiti vandalism, or redevelopment of blighted shopping centers?

Let's not repeat the insanity and pick a fight against Proposition 215. The federal government may want to carry on the battle and may yet win, but California voters approved medical marijuana and Orange County supervisors are on board with it.

So why isn't Huntington Beach?

[palmspringsbum]

HB bans medical marijuana dispensaries

<span class=postbigbold>Council members had voted in 2005 to permit medical marijuana dispensaries to comply with the state law.</span>

by Cindy Carcamo, Orange County Register
November 19th, 2007


Medical marijuana dispensaries are no longer legally allowed in Surf City after council members voted Monday to adopt an ordinance that essentially bans them from opening.

Surf City joined the increasing number of cities in Southern California that prohibit medical marijuana dispensaries after council members voted 5 to 2 to change the ordinance, after one person spoke against the ban.

Councilwomen Debbie Cook and Jill Hardy voted against the ban.

"People should have access to whatever medication to relieve their pain," Cook said.

One person spoke against the ordinance, stating that the ban would be "turning back the clock," adding that the ban would ignore the will of Californians who voted for the Compassionate Use Act about 11 years ago.

Huntington Beach is one of several cities that in the past several years have shied from a law that allows medical marijuana dispensaries to open and operate in the state.

"Yes. It's not perfect legislation…," said Derek Bercher, of Huntington Beach. "I would suggest that you wait and tell folks that we're open to compassion."

A handful of people spoke against the ban at a Nov. 5 public hearing tried to convince council member to regulate dispensaries instead of banning them. At the same meeting, Police Chief Kenneth Small gave a slide presentation on what he said were the dangers of medical marijuana dispensaries.

Huntington Beach has no medical marijuana dispensaries.

The closest legal medical marijuana dispensaries are in Los Angeles, lobbyists for medical marijuana said. Small said he knew of one operating in Anaheim.

People still had the option to cultivate marijuana for medicinal purposes, Small added.

Councilman Joe Carchio, who voted against the ban said he sympathized with those in pain but then added, "I do believe this is not a good mix for Huntington Beach."

The City Council voted in 2005 to permit medical marijuana dispensaries in specified locations to comply with the state's Compassionate Use Act, which allowed people to use medical marijuana in California.

At the time, a U.S. Supreme Court decision was pending on the state act's relationship to the Federal Controlled Substances Act. In June of that year, the court upheld the federal act.

A month after the City Council voted to permit medical marijuana dispensaries, Coerper asked the council to reverse the city's laws.

Contact the writer:ccarcamo@ocregister.com or 714-445-6688