Pubdate: Tue, 08 Apr 2014
Source: Manteca Bulletin (CA)
Copyright: 2014 Manteca Bulletin
Contact:  http://www.mantecabulletin.com/
Details: http://www.mapinc.org/media/3670
Author: Jason Campbell

LATHROP JUST SAYS NO TO MEDICAL POT DISPENSARIES

LATHROP - Barber poles let people know where they can get a
trim.

Red crosses on a building or a blue sign with a white H? That means
that you're either at or nearing a hospital.

So how about the green cross? Well, in Lathrop it really doesn't mean
anything since the City Council decided on Monday on a 4-0 vote to
outlaw medical marijuana collectives, cooperatives and dispensaries
that have appropriated the symbol as an identifier after California
allowed "compassionate use" with the passing of Proposition 215 in
1996.

Vice Mayor Omar Ornelas wasn't in the room when the votes were
cast.

The issue and how the city chooses to deal with it has been several
years in the making. That included round-table discussion with
dispensary owners intended to give elected officials a better
understanding of the legal process and California's environment since
making it legal for medical purposes almost two decades ago.

But marijuana is still classified at a Schedule 1 narcotic by the Drug
Enforcement Agency. That places it in the same class as cocaine,
methamphetamine, heroin and LSD. At the same time Lathrop's municipal
code contains a section that outlaws businesses that aren't compliant
with the guidelines at all of the applicable levels of government.

Earlier this year the city opted to place a moratorium on the
dispensary issue. That halted the permitting process of any proposed
medical marijuana outlet through the end of November until the council
got a chance to review current zoning regulations and make a decision
on whether adding an exclusionary segment to the municipal code would
be the prudent way to proceed.

A second marijuana bill was approved by the California Senate and
signed by the governor in 2003 that effectively created the
identification card system utilized by dispensaries today. The issue
has been largely untouched since then until an effort began in 2010 to
legalize marijuana for recreational use. Since then both Washington
and Colorado have followed suit, and experts believe it's only a
matter of time before the Golden State ends up on the list.

Until then, however, patients  marijuana can be prescribed to treat
everything from glaucoma and anxiety to chronic pain and can help
stimulate the appetite in those suffering from cancer and AIDS  will
have to try their luck in a neighboring community or one of the
massive facilities in the Bay Area (there's one in Oakland that
doubles as a university to provide cannabis training in a variety of
areas).

And in a detailed, line-by-line report, the City of Lathrop is very
clear about where it feels that the Compassionate Use Act has either
been misinterpreted or fallen short of its intended goals  two things
that weigh heavily in the decision to allow a business predicated on
that model to locate within the community.

"The Compassionate Use Act is limited in scope, in that it only
provides a defense from criminal prosecution for possession and
cultivation of marijuana to qualified patients and their primary
caregivers," the report states. "The scope of the Medical Marijuana
program is also limited in that it establishes a statewide
identification program and affords qualified patients, persons with
identification cards, and their caregivers, an affirmative defense to
certain enumerated criminal sanctions would otherwise apply to
transporting, processing, administering or distributing marijuana.

"The passage of the Compassionate Use Act and the Medical Marijuana
Program appear not to have facilitated its stated goals. Instead, the
predominant use of marijuana has been for recreational and
non-medicinal purposes. As stated in the report issued by the
California Chief's Association on September 2009 entitled 'California
Police Chief's Association Position Paper on the Decriminalization of
Marijuana' it has become clear despite the claims of use by critically
ill people that only about 2 percent of those using crude marijuana
for medicine are critically ill. The vast majority of those using
crude marijuana as medicine are young and are using the substance to
be under the influence of THC and have no medical condition."

Because of the legal steps required, the council opted to place a
moratorium on the matter while it worked its way through the proper
channels. The matter, because it has to deal with zoning restrictions,
was sent back down to the Planning Commission where the public forum
was opened for input, and it was then brought back for final decision.

The ordinance will need to be reread and approved at a future meeting
before it can go into effect.
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MAP posted-by: Matt