Pubdate: Thu, 30 Mar 2006
Source: Desert Sun, The (Palm Springs, CA)
Copyright: 2006 The Desert Sun
Contact: http://www.thedesertsun.com/opinion/lettersubmitter.shtml
Website: http://www.thedesertsun.com/
Details: http://www.mapinc.org/media/1112
Author: Stefanie Frith, staff writer
Note: Letters from newspaper's circulation area receive publishing priority
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

MEDICAL POT MORATORIUM OK'D

For Now, No New Shops Can Open In Palm Springs

The Palm Springs City Council voted Wednesday to keep  any new
dispensaries from opening for 45 days so that  the city can draw up
regulations for such operations.

"This is not a drug, it's a natural herb," said LaVonne  Victor, who
has used medical marijuana for five years  to treat problems
associated with multiple sclerosis.  "I am not a criminal. I am not a
cartel. I am just a  sick person trying to make it one day at a time."

The City Council voted 4-0 Wednesday with Councilman  Chris Mills
absent to implement a temporary moratorium,  citing concern that
nothing is written in its codes  about medical marijuana facilities.
Although state law  allows dispensaries to sell marijuana to patients
who  have letters from their doctors, federal law says it is  illegal
to grow and sell marijuana.

About 20 people spoke in favor of regulated medical  marijuana
facilities, including Victor, who lives in  Temecula. Before she
discovered medical marijuana, she  said she was homebound for 12 years.

And Venia LaBeaux of Lake Elsinore, who was diagnosed  with HIV in
1988, said before places like CannaHelp in  Palm Desert, she had to
grow her own medication and was  subjected to a search of her home by
law enforcement.

"I take so many medications ... with so much nausea,  (medical
marijuana) is the only thing that helps," she  said after the meeting.

The moratorium comes just after Palm Springs Caregivers  was ordered closed
by the city. It also comes on the  heels of problems faced by Palm
Desert-based CannaHelp:  a raid of CannaHelp patient's home in Desert Hot
Springs and a moratorium on dispensaries in Indian  Wells.

The not-for-profit Palm Springs Caregivers, located at  2001 N. Palm
Canyon Drive next to Toucan's Tiki Lounge,  was red-tagged with a
stop-work order Friday after the  city learned it was operating
without a tenant  improvement permit. Owners are working to receive
the  correct permits and will be allowed to operate during  the moratorium.

Phillip Morris, who is representing Palm Springs  Caregivers, said the
dispensary had been seeing  patients since March 6 at the collective
and a Palm  Springs hotel. More than 220 patients are already  signed
up, he said. About 90 are from San Bernardino  County and 130 are from
Riverside County, he said. Of  the 130 patients, 34 are from Palm
Springs, Morris  said.

Palm Springs Caregivers has agreed to keep its Palm  Canyon Drive
office closed until the city figures out  what to do, said Morris.
However, the business may have  to operate out of a hotel again so
that patients can  receive their medication, he said, at least until
Palm  Springs Caregivers receives the correct permits and is  allowed
open.

There is already one medical marijuana dispensary in  Palm Springs,
located at 333 N. Palm Canyon Drive,  behind PS Scoops.

That dispensary, Collective Apothecary of Palm Springs,  has been
operating there without a business license for  about five months.
Before that, CAPS worked out of an  office behind Ralph's in Smoke
Tree Village on East  Palm Canyon Drive for a short while before
neighboring  tenants began to complain of odors, said CAPS patient
Rick Pantele on Wednesday before the meeting.

Although the city points to alleged criminal activity  around CAPS and
fear of similar activity around Palm  Springs Caregivers, Palm Springs
police Sgt. Mitch  Spike said only two reports were documented at
CAPS.  Last month a window was broken at the business, and  last week
business neighbors complained of odors, said  Spike.

One of those neighbors was Imagine It! president Jeff  Shotwell, who
said during the meeting Wednesday that  one of his employees has had
to leave work several  times because of the smell coming from CAPS.

"No one really knows what goes on at this location,"  said Shotwell,
adding he would support regulations for  the dispensary. "My employees
don't feel it's a safe  working environment."

Pantele, who uses medical marijuana to treat nausea and  lack of
appetite associated with the nearly 70 pills  and mineral supplements
he takes daily as an  HIV-positive cancer patient, said CAPS is
extremely  cautious about its clientele.

CAPS refuses to distribute more than one ounce at a  time and patients
cannot come more than twice per day,  he said.

He has used medical marijuana for 14 years, ever since  he was
diagnosed with HIV. Without the medication, he  said he wouldn't be
able to get through the day.

"I take my meds and then wither in pain on the floor  for five
minutes," said Pantele, 50, of Palm Springs.

But one puff of medical marijuana, and he said his  stomach begins to
"mellow" and he is able to relax and  eat again.

Many of the people who spoke Wednesday had similar  stories. And most
were pleased the council agreed to  allow members of the medical
marijuana community to  help write an ordinance. A task force will be
designated to figure out how many dispensaries will be  allowed in the
city, as well as hours of operation etc.

DID YOU KNOW?

There are more than 15 medical marijuana dispensaries in the Riverside
and San Bernardino county area, including CannaHelp, located in Palm
Desert. There are more than 30 in the San Francisco area and more than
20 in the Los Angeles and West Hollywood areas, according to
http://www.215420.org.
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MAP posted-by: Larry Seguin