Pubdate: Thu, 11 Feb 2010
Source: New Times (San Luis Obispo, CA)
Copyright: 2010 New Times
Contact:  http://www.newtimesslo.com/
Details: http://www.mapinc.org/media/1277
Author: Colin Rigley
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

OFFICIALS SQUEAMISH OVER MEDICAL MARIJUANA

New medical marijuana operations proposed in the Nipomo  area have SLO
county officials scrambling to their  legal books in a move that could
kill the prospect of a  local dispensary once and for all.

Every incorporated city within the county boasts either  a temporary
or permanent ban on dispensaries, leaving  only the unincorporated
areas open to applicants. An  existing county ordinance allows
dispensaries in  commercial areas, provided they're not near schools,
youth centers, and the like.

Following an application for a new dispensary proposed  by Los Angeles
resident Robert D. Brody, Supervisor  Katcho Achadjian and other
county officials asked legal  representatives to tweak the current
ordinance to bring  it in line with the ever-evolving guidelines on
medical  marijuana. Specifically, county officials want to make  sure
they're OK under the guidelines provided in August  2008 by California
Attorney General Jerry Brown, Deputy  County Counsel Tim McNulty said.
According to McNulty,  the county needs to analyze its definition of
what a  dispensary is against Brown's definition.

Though there's been a lot of movement on medical  marijuana since
Brown weighed in nearly two years ago  (U.S. Attorney General Eric
Holder told federal drug  officials to cease raids on legally
operating  dispensaries, new California legislation could make
marijuana completely legal, and the state Supreme Court  removed
limits on how much marijuana a patient can  possess), Brown's
guidelines say medical marijuana is  illegal when sold from a
dispensary for profit. By that  same definition, medical marijuana is
legal only when  distributed through a collective or
cooperative.

McNulty said SLO County's ordinance basically defines a  dispensary as
a storefront, but noted there may be some  revisions to close up any
loopholes that would allow  illegal medical marijuana operations as
defined by  Brown.

For now the bit of legalese is merely an administrative  memo. But
based on what county staffers find, county  supervisors could ask for
an official ordinance  amendment. Because the Nipomo medical marijuana
  operations fall under conditional use permit  procedures, if the
county changes its ordinance, it  could retroactively affect pending
applications,  McNulty said. 
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