Pubdate: Sun, 26 Jul 2009
Source: Ventura County Star (CA)
Copyright: 2009 The E.W. Scripps Co.
Contact:  http://www.venturacountystar.com/
Details: http://www.mapinc.org/media/479
Author: Kevin Clerici
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://mapinc.org/topic/dispensaries

MARIJUANA ADVOCATES ON COUNCIL AGENDA

Dispensary In Ventura Sought

  Michael Meyer has watched with unease over the years as city after 
city in Ventura County has adopted moratoriums or other obstacles to 
block medical marijuana dispensaries.

But the 61-year-old Ventura resident, who has used medicinal cannabis 
for years to cope with rheumatoid arthritis, fibromyalgia and other 
ailments, has newfound hope.

Recent polling shows more than half of Californians support 
legalizing pot and taxing it, the federal government has softened its 
stance, and some lawmakers are pushing for legalization to help 
cash-strapped cities and a state teetering on bankruptcy.

Three members of the Los Angeles City Council want to tax medical 
marijuana to help close the city's budget gap. And last week, Oakland 
voters overwhelmingly passed a measure to tax the city's four medical 
marijuana dispensaries, which is expected to raise upwards of 
$400,000 annually. Proponents say it showed voters were comfortable 
with the way Oakland has limited and regulated dispensaries.

"The tide finally seems to be turning in favor of wider medical use 
of marijuana," said Meyer, the Ventura County organizer for Americans 
for Safe Access, a nationwide advocacy group.

Meyer and other advocates plan to press their case Monday night at 
Ventura City Hall, where the Ventura City Council has agreed to 
discuss the topic.

Ventura does not currently have a direct ban on dispensaries, 
although its zoning law prohibits them.

The advocates want Ventura to be the first in Ventura County to 
create a regulated, taxed program for "patient-oriented," 
not-for-profit marijuana collectives under Proposition 215, the 
Compassionate Use Act of 1996. The act permits patients with a 
variety of illnesses to legally use medicinal marijuana in California.

Meyer points to the four Oakland dispensaries that are operating 
legally and with city permits, which he says are acting as good 
neighbors and are willing to be taxed at a rate that could really 
help that cash-strapped city.

The Oakland marijuana businesses, which generate an estimated $20 
million annually in sales, will be taxed $18 per $1,000 in gross 
receipts, a 15-fold increase over the current charge.

Meyer estimates there are 10,000 to 15,000 medical marijuana patients 
in Ventura County, and they are spending tens of millions of dollars 
annually outside the county. Those figures are based on statewide 
patient estimates and gross receipts recorded by the state Board of 
Equalization, he said.

No city in Ventura County currently allows pot dispensaries. Some, 
including Moorpark, Oxnard and Thousand Oaks, have adopted temporary 
moratoriums. Camarillo just extended its ban. Simi Valley enacted a 
permanent one.

The growing dispensary industry poses a challenge Ventura must face, 
even if the city decides to do nothing, City Manager Rick Cole said.

Ventura County could see more unauthorized dispensaries now that Los 
Angeles sealed a legal loophole last month that had allowed hundreds 
of them to operate there.

Local cities have seen an influx of people interested in opening 
dispensaries since March. That is when U.S. Attorney General Eric 
Holder announced federal authorities would no longer take action 
against medical marijuana dispensaries if they complied with state 
and local laws.

Cole has asked the Ventura City Council for direction and offered 
choices: keep the status quo, develop rules for nonprofit 
collectives, or enact a moratorium while further studying the issue.

State law encourages -- but does not require -- local governments to 
help make distribution of medical marijuana safe and affordable for 
seriously ill patients, said Ventura City Attorney Ariel Calonne. He 
added that only nonprofit collectives and cooperatives that cater to 
closed groups of qualified patients and their primary caregivers have 
been found lawful by the courts.

While an increasing number of public officials, including Gov. Arnold 
Schwarzenegger, have urged study of legalization, there remains deep 
opposition among groups such as Mothers Against Drunk Driving. The 
California Police Chiefs Association have complained that marijuana 
clubs across the state are little more than fronts for drug dealers.

Meyer agrees there have been abuses. He denounced "rogue" operations, 
citing a dispensary that recently opened in Westlake Village after 
city officials said it didn't belong. The operation was shut down by 
the Los Angeles County city, which since has enacted a moratorium. 
The dispensary is seeking a court injunction to reopen.

Meyer contends Ventura can craft regulations to weed out bad apples 
and ensure a new model of patient-focused care -- "a place where a 
75-year-old woman with terminal cancer who has never used marijuana 
could receive instruction, counseling and support from other users."

"We have a unique opportunity to both serve the needs of Ventura 
County's medical cannabis patients and create a significant tax 
generator and revenue stream for the city."

The City Council meets at 6 p.m. Monday at City Hall, 501 Poli St.
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MAP posted-by: Jay Bergstrom