California, Fullerton

[palmspringsbum]

Wednesday, February 6, 2008

Fullerton blows down pot dispensary ban

<span class=postbigbold>The panel instead indicates it will likely take steps to regulate the outlets, becoming the only Orange County city with such regulations.</span>

By BARBARA GIASONE
The Orange County Register
February 6, 2008

FULLERTON — A proposed ban on medical-marijuana dispensaries in the city was defeated by the City Council on Tuesday night, with the panel indicating it will instead establish regulations for the outlets.

If the City Council does indeed vote to regulate the dispensaries, Fullerton would apparently become the only Orange County muncipality with such regulations.

The council voted 3-2, with councilmen Don Bankhead and Dick Jones supporting a ban.

On Feb. 19, the council is scheduled to consider how to regulate the retail outlets; staffers were told to analyze the current requirements and update zoning maps for possible dispensary locations.

"There is no need to have these businesses in Fullerton, but this is a zoning issue," said Councilman Shawn Nelson, who with Mayor Sharon Quirk and Councilwoman Pam Keller agreed California voters supported the dispensaries by a large margin when they adopted Proposition 215 in 1996.

Federal laws prohibit medical-marijuana dispensaries.

The council majority for the vote emphasized they were not in favor of marijuana.

"But we need to stay out of the crossfire (between the state and federal governments)," Nelson said.

Jones argued it was the council's job to protect citizens, "but we're protecting druggies. Nothing is dispensed by people who are knowledgeable."

"We're inviting an enforcement problem," Bankhead said. "Our Police Department is bound to enforce federal regulations."

Fullerton Police Capt. Greg Mayes said his force has never seen a community dispensary acting in the spirit of state law. "They take advantage for financial gain," he added.

A staff report indicated that 21 Orange County cities have banned dispensaries. More recently, Huntington Beach and Anaheim reversed their approvals.

In an unrelated item, the council gave dancehall operator James Barnum a reprieve from revocation of his conditional use permit.

Citing citizen complaints and municipal code violations, the council imposed 20 conditions for Barnum to keep operating The Alley at 140 W. Wilshire Ave.

Nelson, the sole opponent to allowing the modifications, said the operation is inappropriate for the location. His request for a revocation hearing was denied.

[palmspringsbum]

Tuesday, February 19, 2008

Fullerton votes to ban pot stores

<span class=postbigbold>Council reverses decision to try to regulate medical-marijuana dispensaries through zoning.</span>

By BARBARA GIASONE
The Orange County Register

FULLERTON – The City Council's decision two weeks ago to consider regulating zoning for medical-marijuana dispensaries was short-lived.

The panel, in a 4-1 vote Tuesday night, reversed its decision and banned the establishment of any such dispensaries.

Previous dispensary supporter, Mayor Sharon Quirk, said after meeting with Police Chief Pat McKinley she had a better understanding of the enforcement, criminal and financial pressures that would be placed upon the city.

Councilman Shawn Nelson, who originally saw the item as a zoning issue, said it would be impossible for the city to deal with the legal issues. Councilmen Don Bankhead and Richard Jones reiterated their support for a total ban.

But Pam Keller stood by her original belief that there is a need for compassionate use.

State law allows the clinics, while federal law does not.

Twenty-six people spoke before the council and the packed chambers.

Marijuana patients advocated the legality of such clinics.

But longtime resident Pat Shuff said, "If they build it, they will come – from all over."

[palmspringsbum]

Fullerton reneges on medical marijuana dispensaries

The Orange County Register
Wednesday, February 20th, 2008 by abock
From Alan Bock

Well, I guess that shows you how vast (or is that half-vast?) the Register’s influence is. A couple of weeks ago we praised the Fullerton City Council to the skies for declining to prohibit medical marijuana dispensaries. So what does the council do last night? Why, vote 4-1 to ban medical marijuana dispensaries.

Shame, shame on Mayor Sharon Quirk* and Councilman Shawn Nelson for reversing themselves on this issue. Quirk claims she was convinced by law enforcement that a dispensary would create huge law enforcement problems. That’s just bull, especially if a city passes decent regulations for such dispensaries, which are readily available from cities that have had success. I spent all day at one dispensary in Los Angeles a few months ago and I have visited several others for up to several hours at a time, and didn’t see a single thing that remotely resembled a problem — nobody toking up in the parking lot or looking to resell to a recreational user or anything (which wouldn’t make any sense since the prices are typically much higher than “street” prices). The best dispensaries check recommendations carefully and have guards to prevent anybody without a recommendation from even being in the same room with the medicine. It’s not a cinch to do it right, but it’s not all that hard either.

What prohibitions on dispensaries tell patients — who are duly authorized by state law, passed by the voters, with no chance of it being reversed should the drug warriors want to try — is that they will have to resort to the black market to get their medicine, or take their chances growing their own knowing police practices are quite inconsistent and they could well be subject to confiscation and a court battle and foot-dragging to get their medicine back, even though courts have consistently ruled that it has to be returned.

When, oh, when, will local law enforcement agencies accept the fact that medical marijuana is a valid law in California that they are sworn to uphold, and try in good faith to figure out how to do it, rather than concocting fairy tales about enforcement problems and generally trying to nullify the law?

I think public officials and law enforcement officers should be required to read and take a comprehension test on the Institute of Medicine’s report, “Marijuana and Medicine: Assessing the Science Base” (downloadable here) before opening their mouths on the subject. The report was commissioned by then drug-czar Gen. Barry McCaffrey and makes it clear that there is a wealth of scientific evidence for marijuana’s medical efficacy. It was published in 1999 and a good deal of new research has been done since (mostly overseas thanks the the U.S. government’s squelching of most research proposals here).

Or, of course, they could read my book, “Waiting to Inhale: The Politics of Medical Marijuana.”

*The original post misdentified Ms. Quirk as Shirley