Pubdate: Thu, 06 Jun 2013
Source: Bakersfield Californian, The (CA)
Copyright: 2013 The Bakersfield Californian
Contact:  http://www.bakersfield.com/
Details: http://www.mapinc.org/media/36
Author: Theo Douglas

PROPOSED BAN ON MARIJUANA DISPENSARIES DRAWS PASSIONATE CROWD

The Bakersfield City Council heard heartfelt testimony from 
proponents of medical marijuana following the first reading at its 
Wednesday meeting of a proposed ordinance banning medical marijuana 
dispensaries.

"This is really a continuation of some historic direction by the 
council," said Bakersfield City Attorney Ginny Gennaro. "In the 
clearest and simplest form, you are simply taking your resolution 
from 2004 and codifying it into an ordinance. It will give you, it 
will give us, the city attorney, your police department, an 
additional enforcement tool that has been endorsed by the California 
Supreme Court.

"It will not, and I repeat, it will not, as I have repeatedly said, 
allow the police department to knock down doors, close businesses and 
arrest people in a unilateral fashion," Gennaro continued, noting 
that the city's proposed ordinance is legally supported by a recent 
California Supreme Court decision upholding a similar ordinance in 
Riverside. "We will continue to respond to complaints, and will 
continue to conduct investigations in a logical, orderly fashion."

Proponents of medical marijuana pleaded fervently for the council not 
to proceed with the proposed ordinance. Twenty-four people submitted 
cards to the City Clerk to speak against the ordinance. The issue 
returns for a final vote at the June 26 meeting, and if approved 
could become law within 30 days, Gennaro said.

"We should be fiscally responsible," said Douglas McAfee, president 
of Bakersfield NORML. "If it's not broke, don't fix it." Others agreed.

"I have patients with cancer, I have patients with AIDS, multiple 
sclerosis. I have a lady born in 1930 who is in Stage 4 pancreatic 
cancer," said Mary Becrafte of Creating Alternative Safe Access, a 
medical marijuana dispensary. "I just pray you regulate and you don't 
eliminate."

Bakersfield resident Nora Weber submitted the lone card to the City 
Clerk to speak in favor of the ordinance.

"I don't think most people who run businesses want to be located in a 
drug-ridden city that relies on tax money from drug users to support 
that city," Weber said. "I don't believe we should put our police 
force and residents in any additional danger by having to deal with 
people who flash their marijuana card as if it is a 
get-out-of-jail-free card ..."

The council voted 6 to 0 to move forward with the ordinance, but 
council members lamented the difficulty of the issue before them.

" 'Regulate, don't eliminate.' It's hard to do that. We're hamstrung 
by the fact that we can't do much more than what was done in 
Riverside," said Ward 2 Councilman Terry Maxwell. "This is in no way 
going to close medical marijuana shops overnight. What we're trying 
to do here is be consistent."

If Bakersfield City Council approves the ban this summer, it will 
join dozens of cities across the state that either have banned or 
have placed moratoriums on medical marijuana dispensaries.
- ---
MAP posted-by: Jay Bergstrom