Pubdate: Wed, 02 Sep 2009
Source: New Times (San Luis Obispo, CA)
Copyright: 2009 New Times
Contact:  http://www.newtimesslo.com/
Details: http://www.mapinc.org/media/1277
Author: Colin Rigley, Staff Writer

ATASCADERO LEADERS ARE SUDDENLY CONCERNED ABOUT MEDICAL POT

Without any obvious impetus, Atascadero officials will soon decide
whether they'll disallow medical marijuana dispensaries in the city.

On Sept. 8, city council members will vote on whether to place a
temporary moratorium on medical marijuana facilities. It's on the
agenda as an "urgency ordinance," but at a cursory glance there's no
apparent source of the urgency.

The item comes from City Attorney Brian Pierik, who said he's
recommending the city ban medical marijuana dispensaries from being
established for a 45-day window so city officials can examine the
conflict between state and federal law on the subject.

Pierik said he wasn't aware of any dispensaries being proposed in
Atascadero. He also couldn't say for certain whether the city could be
held liable if it approved a dispensary, adding that he hadn't
analyzed the liability issue.

The purpose of the moratorium is to allow some further review with
respect to this issue of medical marijuana facilities," Pierik said.

The most recent medical marijuana law in California (SB 420) was
passed in January 2004. California voters had passed Proposition 215
eight years earlier, which established the first legal uses of medical
marijuana.

There's a number of cities that are considering what to do on medical
marijuana facilities," Pierik said.

The city of Morro Bay—where convicted dispensary owner Charles Lynch
operated his former establishment—now has a moratorium on
dispensaries. Lynch was convicted on various felony charges, but given
a minimal prison sentence because federal officials have recently
shown more leniency toward medical marijuana growers and sellers.
Lynch is appealing his case. Pierik said Lynch's case wasn't factored
into his recommendation to the Atascadero City Council.

Other city officials did not return calls for comment as of press
time.

According to a city staff report, the presence of pot dispensaries
increases "illegal drug activity, illegal drug sales, robbery of
persons leaving dispensaries, loitering around dispensaries," and
other problems. Four of the five council members must approve the
moratorium before it can go into effect. 
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MAP posted-by: Richard R Smith Jr