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.
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MAP posted-by: Derek