Pubdate: Wed, 16 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 BALKS AT DRAFTING MEDICAL MARIJUANA LAW

Oxnard City Council members Tuesday balked at drafting  a law to allow
medical marijuana dispensaries to  operate.

Council members Dean Maulhardt and Andres Herrera said  they were
sympathetic to the idea and needs of patients  who could benefit from
medical marijuana. But the  entire panel expressed concerns over an
unresolved  legal conflict in the use of medical marijuana.

State voters approved the Compassionate Use Act in  1996. The law
allows patients suffering from a host of  diseases, such as cancer or
AIDs, to use marijuana with  a physician's authorization. State
lawmakers also  approved a bill in 2003 establishing an identification
  card system for medical marijuana users.

But the U.S. Supreme Court has ruled that federal law  trumps the
state initiative. A San Diego judge in  December ruled that the state
law is legal. San Diego  County, which sued the state over the
initiative, has  appealed.

Still, that legal standoff and lack of resolution by  the courts
coupled with several unsavory findings in a  staff report was enough
to deter the panel from  instructing staff members to draft an
ordinance to  allow dispensaries. Another reason was that Ventura
County has not implemented the ID card program yet.

The city's report found that dispensaries could be  regulated and fill
a need for patients. But the report  also cited increased crime in
cities with dispensaries  and many unanswered questions about
regulatory  oversight.

"At this juncture, there are too many negative impacts"  in allowing
dispensaries, Assistant Police Chief Jason  Benites said.

Several speakers urged the council to allow  dispensaries, saying they
could be regulated. Less than  5 percent of the state's 400-plus
dispensaries are  responsible for problems, said Lisa Schwarz with the
  Ventura County Alliance of Medical Marijuana Users.

Oxnard currently has a two-year interim moratorium on  allowing
dispensaries. Maulhardt asked the city's  planning and legal staff to
continue monitoring the  issue and report back in November when the
moratorium  is set to expire.
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MAP posted-by: Derek