Pubdate: Thu, 30 Mar 2006
Source: Lompoc Record (CA)
Copyright: 2006 Lee Central Coast Newspapers
Contact: http://www.lompocrecord.com/contact/lettertoeditor.html
Website: http://www.lompocrecord.com/
Details: http://www.mapinc.org/media/242
Author: Mark Baylis, staff writer
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

MEDICAL MARIJUANA DISPENSARY IN LIMBO

The future of the only medical marijuana dispensary  between Santa
Barbara and Morro Bay is up in the air  after Buellton's recent
decision to temporarily ban  such establishments from the city.

The City Council approved a 45-day moratorium March 23  that bars
so-called cannabis clubs" from  operating within Buellton. The ordinance
gives the city  time to review both legal concerns surrounding medical
marijuana as well as city zoning issues before voting  to extend or lift the
ban.

Hezekiah Inc. has been operating as a dispensary within  the city
since last year. It formed in January 2005,  according to state
records, but had not registered with  Buellton as a business, city
officials said.

Officials said they weren't even aware the dispensary  existed until
recently.

City planners are drawing up an ordinance that, if  approved, would
extend the ban for one year. The City  Council could vote on the
ordinance as early as April  27.

Meanwhile, a city official who briefly met with a  Hezekiah
representative for the first time Tuesday said  city staff won't
interfere with the business before the  council votes on an ordinance.

Right now we're not doing anything. We need to  take a look at
it and hopefully on the 27th we'll have  a decision on whether it's OK
or has to shut down,"  said city Planning Director Marc Bierdzinski.

Officials at Hezekiah Inc. declined to comment for this  story.

Buellton was the last of a string of Central Coast  cities that have
passed ordinances in the last year  banning medical marijuana
dispensaries from their  cities either temporarily or permanently.
Solvang,  Lompoc, Santa Maria, Pismo Beach, Grover Beach and San  Luis
Obispo have all passed similar ordinances.

Just this month, Solvang approved a moratorium and  Lompoc extended
its moratorium for an additional year.

The Buellton City Council voted on the issue out of  concern that
suppliers banned from other cities may set  up shop in Buellton.
Council members expressed concern  after hearing during public comment
last week that  people from Santa Maria and even someone from the
Palms  Springs area were coming to Buellton to fill marijuana
prescriptions.

I think people want to take care of their own and  do what's right from a
medical side," said Councilman  Russell Hicks.

Hezekiah is the only known medical marijuana dispensary  in north
Santa Barbara County. Santa Barbara has at  least four dispensaries. A
Santa Barbara city official  said his city treats the dispensaries
like pharmacies  for zoning purposes and leaves the legal
controversies  surrounding the outlets to other agencies.

Morro Bay is one of the few Central Coast cities that  permits
dispensaries to operate in the city. Central  Coast Compassionate
Caregivers left Atascadero after  the City Council there voted it out
and is expected to  re-open in Morro Bay by next week.

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

However, the U.S. Supreme Court ruled 6-3 in June that  California law
does not supersede federal law, which  bans marijuana for any use.
Since then, federal DEA  agents have periodically raided various
cannabis clubs,  particularly in the Bay Area.

Medical marijuana dispensaries remain in the gray area  they have
occupied since voters passed Proposition 215  in 1996. The act permits
qualifying patients to possess  amounts of marijuana but does not
address the issue of  dispensaries.

The Santa Barbara County Public Health Department  operates a medical
marijuana identification card  program in conjunction with the
California Public  Health Department, which helps law enforcement
officers  verify whether a person in possession of marijuana is  using
it for medical purposes.

The card has been issued to 426 patients in Santa  Barbara County,
including 184 in North County cities.  That number includes 87
patients in Santa Maria, 55 in  Lompoc and 18 in the Santa Ynez
Valley, according to  the county public health department.
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MAP posted-by: Larry Seguin