Pubdate: Thu, 17 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) LEGAL TANGLE STALLS MEDICAL MARIJUANA A proposal to allow medicinal marijuana dispensaries in Oxnard has been put on hold because City Council members want to wait until the courts sort out conflicting state and federal laws. During a study session Tuesday, council members Dean Maulhardt and Andres Herrera said they sympathized with the need for dispensaries and patients who could benefit from medicinal marijuana. But the entire council expressed concern over the unresolved legal conflicts and the potential for crime. California 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 medicinal marijuana users. The U.S. Supreme Court has ruled, however, that federal laws against all marijuana use take precedence over the state initiative. A San Diego judge in December ruled that the state law is legal, but San Diego County, which sued the state over the initiative, has appealed. That legal standoff, coupled with several negative findings in an Oxnard city staff report, was enough to deter the council from moving ahead with an ordinance to allow dispensaries. Council members also cited the fact that Ventura County has not implemented the ID card program. County officials are waiting for a legal resolution before establishing such a system. The Oxnard staff report found that the city could adequately regulate dispensaries, but it cited increased crime in cities with them. "At this juncture, there are too many negative impacts" in allowing dispensaries, Assistant Police Chief Jason Benites told the council. Operators of dispensaries often distrust local authorities, Chief Deputy District Attorney Jeffrey Bennett said during the hearing. Another problem, Bennett said, is that the marijuana often finds its way to people who are not legitimate patients. Lisa Schwarz of the Ventura County Alliance of Medical Marijuana Users disagreed, saying that less than 5 percent of the state's 400-plus dispensaries are responsible for crime problems. The problem is many are run by lifetime pot growers whose only interest is profit, not patients, said Schwarz, who advocates taxing marijuana and using the money for increased law enforcement. "I hope you will look into this further," Schwarz told the council. Oxnard currently has a two-year interim moratorium on dispensaries. Maulhardt asked the city's planning and legal staffs to continue monitoring the issue and report back in November, when the moratorium is set to expire. - --- MAP posted-by: Derek