Pubdate: Tue, 15 May 2007
Source: Ventura County Star (CA)
Copyright: 2007 The E.W. Scripps Co.
Contact:  http://www.venturacountystar.com/
Details: http://www.mapinc.org/media/479
Author: Charles Levin
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

OXNARD TO CONSIDER MARIJUANA DISPENSARY

Staff Report Cites Need For Establishment

A medical marijuana dispensary could fill a need in  Ventura County
for suffering patients while legally  operating under state law and
strict local regulations,  an Oxnard city staff report says.

But the same report also says that crime increases in  communities
where dispensaries operate, and the  establishments are still illegal
under federal law,  leaving many unanswered questions about oversight.

Oxnard's City Council will consider the report at 7  tonight at City
Hall, 305 W. Third St.

No vote is required. But city officials want feedback  from the
council on whether to pursue drafting a law to  allow a dispensary.

The city began exploring the issue in November 2005  after a Simi
Valley man who uses medical marijuana  asked to open a dispensary in
Oxnard.

Council members approved an interim ban on such  establishments and
extended it through this November  while city officials examined the
pros and cons of an  ordinance regulating dispensaries.

Interest in dispensaries is linked to the California  Compassionate
Use Act, approved by state voters in  1996. The law allows people to
use marijuana with a  doctor's authorization for illnesses such as
cancer,  AIDS and anorexia.

More than 200 dispensaries operate statewide, according  to the
National Organization for the Reform of  Marijuana Laws. Ventura
County has none so far. Simi  Valley enacted a permanent ban on them
in December.

In 2003, state lawmakers approved a bill that  established guidelines
for growing plants and a  voluntary identification card system for
medical  marijuana users. As of April, 26 counties have issued a
total of 12,305 cards, according to the state  Department of Health.

Neither the 1996 initiative nor the 2003 bill, however,  provides
clear or strong regulations, those on both  sides of the debate say.
And the U.S. Supreme Court  ruled that federal drug laws making all
marijuana  illegal take precedence over the state initiative.

A San Diego judge, however, upheld the state law in  December. San
Diego County, which sued over the law,  has appealed the case.

City officials left to wonder

All this has left Oxnard city officials befuddled, and  tonight's
report suggests that they're not settled on  the matter.

On one hand, the report says that allowing dispensaries  would protect
the city from lawsuits by people who  believe that their rights under
the Compassionate Use  Act are being denied. Also, the establishments
would  fill a need in the city and county.

At least six people have inquired about establishing a  dispensary,
the report says. Medical marijuana users  have testified about its
benefits at city hearings,  Susan Martin, Oxnard's planning manager,
said Monday.

Also, the city could effectively regulate dispensaries,  says the
report, which cites the San Francisco Bay area  city of Albany as an
example.

On the other hand, crime is up in some cities where  dispensaries
operate, according to the Oxnard report.

Legitimacy an issue

Meanwhile, Ventura County has not adopted the ID card  program, which
leaves cities in the lurch when it comes  to who is a legitimate user,
Martin said. Just what  constitutes a doctor's note is also
troublesome, she  said.

"It could be a letter or it could be a piece of paper,"  Martin said.
"How do you determine if that's a  legitimate note?"

The report also raises questions about where  dispensaries get their
marijuana and the cost of  regulatory oversight.

"The real issue here is the conflict between federal  law and state
law," Assistant City Attorney Jim Rupp  said Monday.

Lisa Schwarz, a former registered nurse who operates  the Ventura
County Alliance of Medical Marijuana Users,  called the criticisms
minor. Some dispensaries have  problems, Schwarz said, blaming greedy
"pot-trepreneurs" who operate them as "speak-easies."

"The only way it's going to happen is if it's  regulated," said
Schwarz, of Camarillo. The city could  tax medical marijuana and spend
the money on law  enforcement and regulatory costs, she said.

"It should be for qualified patients, not college  students with
insomnia and stress," she said.
- ---
MAP posted-by: Derek