Pubdate: Fri, 24 Apr 2009 Source: Press-Enterprise (Riverside, CA) Copyright: 2009 The Press-Enterprise Company Contact: http://www.pe.com/localnews/opinion/letters_form.html Website: http://www.pe.com/ Details: http://www.mapinc.org/media/830 Author: Erin Waldner, Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal) Beaumont Council Takes Step Toward Prohibiting Medical Marijuana Dispensaries Beaumont officials are taking steps to prohibit medical marijuana dispensaries in the city. The Beaumont City Council on Tuesday night approved the first reading of an ordinance that bans the establishment of dispensaries in the city. The ordinance will return to the council May 5 for a second reading. If approved again, it will become law 30 days later. The vote was 4-1. Councilwoman Nancy Gall cast the dissenting vote. "I have a problem prohibiting something that I know some of our residents need," she said. She added that she voted for Prop. 215, which legalized medical marijuana. Voters approved the state initiative in 1996. A staff report to the City Council notes the proposition but also asserts: "Neither State or Federal Law addresses the licensing or operation of a medical marijuana dispensary. In fact, the distribution and use of marijuana is prohibited by Federal Law." "I'm not in favor of violating federal law," Councilman Roger Berg said, adding: "Federal law trumps state law." Councilman Larry Dressel said, "I don't think a dispensary that operates for profit is the way to go." The staff report states that the city has received a number of inquires about establishing medical marijuana dispensaries in Beaumont. Staff recommended the council approve an ordinance that prohibits such clinics in Beaumont and thus, complies with federal law. Beaumont resident Jason Nutter told the council that medical marijuana dispensaries do exist in Beaumont, but are under the radar. He said he is in favor of dispensaries, and that he has friends who are sick and need marijuana for treatment. Nutter said dispensaries look and operate like a doctor's office or pharmacy. Lanny Swerdlow, of Whitewater, an advocate for medical marijuana, urged the council to follow in the footsteps of the Palm Springs City Council, which voted in February to allow two not-for-profit medical marijuana collectives to operate in that city. He said the Palm Springs ordinance follows guidelines set by California Attorney General Jerry Brown. The guidelines "affirm the legality of medical marijuana collectives and cooperatives, but make clear that such entities cannot be used for profit," states an August 2008 news release from the attorney general's office. Swerdlow said dispensaries that have operated in Palm Springs have not caused problems in the city. Beaumont Mayor Jeff Fox said the ordinance banning dispensaries wouldn't mean the city can't look at allowing medical marijuana cooperatives in the future. - --- MAP posted-by: Richard Lake