cannabisnews.com: Med Marijuana Issue Makes Its Way To Five Cities





Med Marijuana Issue Makes Its Way To Five Cities
Posted by CN Staff on October 24, 2004 at 08:37:57 PT
By Karin Driesen, Staff Writer
Source: Santa Maria Times 
Medical marijuana has become a hot topic in many California cities recently, and the issue is making its way into the Five Cities area. Originally scheduled for the Arroyo Grande Planning Commission meeting earlier this week, the question of whether to regulate medical cannabis dispensaries was put on hold while the city considers further options. 
It will likely go to the City Council for direction on Nov. 7. Since the state enacted the law allowing medical marijuana, which was approved by voters as Proposition 215 in 1996, many localities have scrambled to regulate dispensaries or ban them entirely from their jurisdictions. "Cities have been either saying, 'We're not going to allow distribution centers,' (or) others have looked at zoning issues," explained Arroyo Grande Police Chief Rick TerBorch. "The law says medical marijuana is legal, so it's a question of distribution. They would zone parts of the city where distribution could be located or not located, like residential areas." The confusing part for cities is the lack of clear direction about which law to follow, state or federal. Medical marijuana is not legal on the federal level, so local jurisdictions must decide how to handle that contradiction. "We're stuck between a rock and a hard place. The people of California voted in good faith to allow this, and the feds said no," TerBorch said. "In local government, we acknowledge that we are here to enforce state and federal law. "We find ourselves in a very interesting predicament because it's unsettled law," he continued. "We have gotten very little guidance in terms of our liabilities or immunities in ignoring federal law and allowing this initiative to go forward." The U.S. Supreme Court is scheduled to hear arguments on the issue Nov. 29 in the case of Ashcroft v. Raich. It may be several months before a ruling is made. TerBorch said he's eager for the court to make a decision to at least give the city some direction. "I hope the Supreme Court decides one way or another to take us out of the quagmire we're in," TerBorch said. "Cities have not been given the defined immunities by the feds. Hopefully, the court will make that clear." Arroyo Grande has four options to consider, he said. One would be to put a moratorium on dispensaries until the Supreme Court hands down a decision. That would be the safest way to go, he said. Another would be to do nothing and see what happens. A third would be to establish zoning regulations that would determine where dispensaries could be located and possibly how many could be open in the city at a time. The fourth option would be to ban dispensaries entirely within the city. "That, obviously, could end up in court, but any of this could end up in court," TerBorch said. Grover Beach also plans to take action on the matter sometime soon. "That item is going before (the City Council), but it won't be for a month or so," said City Attorney Martin Koczanowicz. He said he is not sure yet what the recommended action will be. Pismo Beach City Manager Kevin Rice said the issue has not yet come up there. On Tuesday, the San Luis Obispo City Council voted to put a moratorium on cannabis dispensaries until the Supreme Court makes its decision. Complete Title: Medical Marijuana Issue Makes Its Way To Five Cities Source: Santa Maria Times (CA)Author: Karin Driesen, Staff WriterPublished: Sunday, October 24, 2004Copyright: 2004 Pulitzer Central Coast NewspapersContact: smtletters pulitzer.netWebsite: http://www.santamariatimes.com/Related Articles & Web Site:Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmAll Eyes on SLO as City Looks at Medical Pothttp://cannabisnews.com/news/thread19659.shtmlState Backs Medical Pot Case Before Court http://cannabisnews.com/news/thread19640.shtmlKey Medical Pot Case To Be Heardhttp://cannabisnews.com/news/thread19092.shtml
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Comment #1 posted by global_warming on October 24, 2004 at 14:50:13 PT
When Will The Madness End?
The merchants of prohibition raise their flags, this is a tyranny, but some tribute to some forsaken myth and phantom, some guise, the count of the fallen in this battlefield of this war on drugs, let us offer our hope and clarity for our future, for the tenderness of our mercy, is testament to our place in this universe.May the light in this universe guide us, towards a better understanding, a clearer view of our world, a world where human kindness and mercy are the links to our future.We have the power, the gift of kindness, the gift of forgiveness, the grace of the Son of Man, the ability to change this world, while this confusion surrounds our mind and soul, the passage of time and the glory path remains without soldiers, the path requires the brave and the strong, the path will guide us all towards a better understanding of our place in this universe.gw
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