California, Buellton

[palmspringsbum]

City to consider ban of medical marijuana dispensaries

The Lompoc Record
By Julian J. Ramos/Staff Writer
January 10, 2008

Medical marijuana dispensaries in Buellton could be prohibited under an ordinance scheduled for a public hearing and introduction at tonight's City Council meeting.

Buellton had a dispensary under the name Hezekiah Inc. on Second Street, which closed in either August or September after an eviction by the property owner, according to Planning Director Marc P. Bierdzinski.

The facility, which opened in January 2005, was raided by federal agents on July 26, 2007. Other federal search warrant raids of medical marijuana dispensaries occurred in the Los Angeles area the previous day. It was the only medical-marijuana dispensary in northern Santa Barbara County.

When the dispensary opened, there was nothing in the city code addressing the business. In response, the council unanimously approved an urgency temporary moratorium in March 2006 banning the establishment and operation of additional medical marijuana dispensaries within Buellton. The ordinance, effective for 45 days, prohibited the issuing of “any entitlements for the establishment or operation of a medical marijuana dispensary.” Under state law, an initial moratorium can only last 45 days. A month later, the council approved a one-year extension of the moratorium.

The council approved an extension of the previous moratorium in March 2007 through March 14, 2008.

The moratoriums have given the city time to review its zoning code, which does not include details for regulating marijuana dispensaries; develop potential zoning amendments; and research existing laws to determine the effect of potential congressional action. Staff has also studied crime related to medical marijuana dispensaries.

Solvang, Lompoc, Santa Maria, Pismo Beach, Grover Beach and San Luis Obispo all have passed similar ordinances.

It is a crime under federal and state law to manufacture, distribute, dispense or possess marijuana, but the state does make an exception for the use of marijuana for medical purposes.

In 1996, 56 percent of California voters approved Proposition 215, called the Compassionate Use Initiative, which allows marijuana to be used legally by qualified patients who receive a prescription from a doctor. It was the first statewide medical marijuana voter initiative adopted in the nation.

In a separate matter, the council is scheduled to recognize public works field worker Joe Meehan for his 20 years of service to the city.

Julian J. Ramos can be reached at 688-5522, Ext. 6008, or jramos@lompocrecord.com.

[palmspringsbum]

Buellton to ban marijuana dispensaries


The Santa Maria Times
By Julian J. Ramos/Staff writer
January 12, 2008

With no public opposition, the Buellton City Council has moved to permanently ban medical marijuana dispensaries in the city.

In a 5-0 vote Thursday night, the council approved the first reading of an ordinance that would prohibit the establishment of storefront medical marijuana dispensaries. A second reading and possible approval is scheduled for Jan. 24.

In the public comment section of the public hearing, no one in the audience spoke.

Santa Maria, Solvang, Lompoc, Pismo Beach, Grover Beach and San Luis Obispo all have passed similar ordinances.

Buellton had a medical marijuana dispensary called Hezekiah Inc. on Second Street, but it shut down after being raided by federal agents who seized all the marijuana on the premises on July 26.

Federal search-warrant raids of medical marijuana dispensaries occurred in the Los Angeles area the previous day.

It is a crime under federal and state law to manufacture, distribute, dispense or possess marijuana, but the state makes an exception for the use of marijuana for medical purposes.

In 1996, 56 percent of California voters approved Proposition 215, called the Compassionate Use Initiative, which allows marijuana to be used legally by qualified patients who receive a prescription from a doctor.

It was the first statewide medical marijuana voter initiative adopted in the nation. However, federal law enforcement agents do not recognize the state law, instead enforcing the federal prohibition on even medical marijuana use.

Hezekiah had been the only medical marijuana dispensary in northern Santa Barbara County, but it closed in either August or September after an eviction by the property owner, said city Planning Director Marc P. Bierdzinski.

In his report to the council, Bierdzinski noted that some crime had been related to Hezekiah, including burglaries at the facility in November 2006 and May 2007, the bust of an illegal medical marijuana cultivation operation in the city in February 2007, and a felony conviction for selling marijuana to a person without a valid medical marijuana ID card.

When the dispensary opened in January 2005, there was nothing in the Buellton city code addressing such businesses.

In response, the council unanimously approved an emergency temporary moratorium in March 2006 banning the establishment and operation of additional medical marijuana dispensaries within Buellton.

The ordinance, effective for 45 days, prohibited the issuing of “any entitlements for the establishment or operation of a medical marijuana dispensary.” Under state law, an initial moratorium can last no more than 45 days. A month later, the council approved a one-year extension of the moratorium.

The council approved an extension of that moratorium in March 2007 through March 14, 2008. The moratoriums gave the city time to review its zoning code, which does not include details for regulating marijuana dispensaries; develop potential zoning amendments; and research existing laws to determine the effect of potential congressional action.

[palmspringsbum]

Buellton approves ban on medical marijuana dispensaries

The Lompoc Record
By Julian J. Ramos/STAFF WRITER
January 29, 2008

Despite pleas from medical marijuana users and their supporters, the Buellton City Council unanimously approved a ban on medical marijuana dispensaries.

Buellton had a medical marijuana dispensary called Hezekiah Inc. on Second Street, but it shut down after being raided by federal agents who seized all the marijuana on the premises on July 26. Hezekiah had been the only medical marijuana dispensary in northern Santa Barbara County. Another clinic operates in Santa Barbara.

Unlike the first reading and introduction of the ordinance on Jan. 10, when no speakers testified, nine speakers asked the council Thursday to reconsider the ban and table the action for more time to develop regulations for dispensaries.

Most of the speakers gave Santa Maria or Orcutt addresses. None identified themselves as being Buellton or Santa Ynez Valley residents.

Thomas J. Gray, a Los Angeles attorney representing Hezekiah Inc. founder and director Steve Allbritton, said that “inaccuracies” in Planning Director Marc P. Bierdzinski's staff report regarding crime associated with Hezekiah and other medical marijuana dispensaries in Santa Barbara and Morro Bay had been used to draw conclusions that were “unwarranted.”

In his report to the council, Bierdzinski cited crime related to Hezekiah that included burglaries at the facility in November 2006 and May 2007, the bust of an illegal medical marijuana cultivation operation in the city in February 2007, and what was reported as “a felony conviction for selling marijuana to a person without a valid medical marijuana ID card.”

The report said “the operators were convicted of a felony in this instance but were not required to shut down the operation.”

Gray said it is better to develop regulations and guidelines than impose a complete ban. He said a ban will “accomplish an underground economy situation” for people who are just trying to get what a doctor prescribed for them. He suggested sending the ordinance back to staff to work with someone knowledgeable like Allbritton and regulate the business like a liquor store or drug store.

“It's in your town,” Gray said. “It's going to be in your town, like it or not. The community will feel safer and better about this.”

In his comments, Allbritton accused the city of culpability in the raids on Hezekiah by county sheriff's deputies in February 2007 and the federal raid in July 2007.

Deals were made “behind closed doors” with law enforcement in an effort to close the dispensary, he said.

No council members responded to that allegation.

Allbritton took exception to the report of a felony conviction for an operator selling marijuana to a person without a valid medical marijuana ID card, saying he has never been convicted of a federal offense and the city had slandered his “good name.”

Bierdzinski clarified the report, stating that the name of the person had not used to identify who was charged with the felony, so the generic term “operator” had been used.

Reached after the meeting, Bierdzinski said “the sources for the various crime information were cited and can be back-checked,” and the city staff “stands by the information in the staff report as correct with the clarification” made at the meeting.

It is a crime under federal and state law to manufacture, distribute, dispense or possess marijuana, but the state makes an exception for the use of marijuana for medical purposes.

In 1996, 56 percent of California voters approved Proposition 215, called the Compassionate Use Initiative, which allows marijuana to be used legally by qualified patients who receive a prescription from a doctor.

It was the first statewide medical marijuana voter initiative adopted in the nation. However, federal law enforcement agents do not recognize the state law, instead enforcing the federal prohibition on even medical marijuana use.

Julian J. Ramos can be reached at 688-5522, Ext. 6008 or jramos@lompocrecord.com.

January 29, 2008