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US: Council says no to medical marijuana dispensaries in Temecula

Elaine Nelson

Valley News Network

Friday 28 Apr 2006

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The Temecula City Council sidestepped California Proposition 215, also
known as the Compassionate Use Act, at last Tuesday’s meeting and voted
unanimously to amend the city’s municipal code and prohibit the
establishment of medical marijuana dispensaries within city limits.

Despite an impassioned plea to council members by Martin Victor, Sr., an
advocate for the dispensaries, the council opted to follow City Attorney
Peter Thorson’s advice to implement the ban.

Citing a “very substantial conflict between the [California] initiative
measure and federal law,” Thorson’s argument centered around the “land
use ordinance” prohibiting the establishment of such dispensaries. The
ordinance “in no way deals with an individual’s rights to use medical
marijuana,” Thorson said.

California voters in 1996 approved Prop 215, which allows small amounts
of marijuana to be used for medicinal purposes.

Victor had petitioned the council to leave open the door for
establishment of medical marijuana dispensaries so medical marijuana
patients are not forced to travel long distances to obtain their
medications. “Right now in our little town,” Victor advised, “we have
six patients… who have to go 80 miles to get their medicine. Do you go
80 miles… or do you go right down to Rite Aid?” Victor asked the council.

“Why should any sick cancer patient — AIDS patient — multiple sclerosis
patient have to go 80 miles to get their medicine? Right now, as a
cultivator — as a co-op — I take care of 63 patients who live in our
neighborhoods. They can’t go [anywhere] to get their medicine. I want
you to help them,” Victor continued.

Victor knows firsthand the frustration and expense involved in traveling
an intolerable distance to obtain medication. Afflicted personally with
Fibromyalgia, a complex disease with symptoms that include “widespread
chronic body pain,” Victor’s wife suffers from multiple sclerosis and
liver disease and is confined to a wheelchair. “Instead of fighting us,
help us. Don’t do this,” Victor implored.

“When we make a decision, we have to deal with how it affects the city
as a whole,” Council Member Mike Naggar responded in defending the
council’s decision. “You have to… make a decision that serves the
greater good. Right now, there’s a conflict in the law. And until that
conflict can get resolved, I have to go with the higher law. And that’s
the federal law.” The other council members iterated Naggar’s position
with minor variations.



 

 

 

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