Pubdate: Wed, 10 Oct 2012
Source: Tribune, The (San Luis Obispo, CA)
Copyright: 2012 The Tribune
Contact:  http://www.sanluisobispo.com/
Details: http://www.mapinc.org/media/391
Author: Cynthia Lambert

MOBILE MEDICAL MARIJUANA DISPENSARIES CAN'T OPERATE IN ARROYO GRANDE, 
OFFICIALS DECIDE

About 10 people urged the Arroyo Grande City Council on Tuesday 
evening to allow mobile medical marijuana dispensaries to operate in 
the city, saying the cannabis eases ill people's pain and gives them 
a safer alternative to prescription medications.

The council, though, voted unanimously to prohibit such dispensaries 
from operating within the city.

Arroyo Grande has had rules in place since 2008 prohibiting the 
establishment of storefront medical marijuana dispensaries. But its 
ordinance did not explicitly refer to mobile dispensaries, such as a 
delivery service.

The council remedied that discrepancy Tuesday with little discussion. 
Council members had given initial approval to the new rules on Sept. 
25 in a 4-1 vote, with council member Caren Ray dissenting, but had 
to bring the ordinance back for final approval. The updated ordinance 
will go into effect in 30 days.

"I don't dispute for a moment that there are people with legitimate 
needs for medical marijuana," Councilman Joe Costello said. "The 
question for council is, where does this stand between state and federal law?"

City attorney Tim Carmel noted there have been conflicting opinions 
and judgments on the issue, but that federal law takes precedence 
over inconsistent state law.

Proposition 215, approved by California voters in 1996, allows the 
growing and distribution of marijuana for medical use that has been 
approved by a physician. However, that law conflicts with federal 
law, which bars marijuana use.

In June, the San Luis Obispo County civil grand jury released a 
report stating the county had effectively stopped "brick and mortar" 
medical marijuana dispensaries from operating locally, but it has 
done little to regulate the mobile services that sprang up to deliver 
the medication to patients.

The grand jury recommended cities develop ordinances regulating 
mobile medical marijuana collective delivery services, require such 
operations to possess a business license and seller's permit, and 
compile lists of all such businesses within their respective boundaries.

On Tuesday, the council heard from numerous speakers who said that 
without safe access to medical marijuana, some patients are forced to 
buy it illegally or drive far distances to obtain it.

"There are a lot of people who have a disability who rely on this for 
their pain medication," said Richard Donald, chairman of the San Luis 
Obispo chapter of Americans for Safe Access. "We don't want 
law-abiding people taking care of their medical needs being sent to 
prison for doing what they had to do."
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MAP posted-by: Jay Bergstrom