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Cannabis Campaigners' Guide News Database result:
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US: City bans outlets for medical marijuana
Fred Ortega, fred.ortega@sgvn.com San Gabriel Tribune
Thursday 17 Aug 2006 MONTEREY PARK - Ailing residents hoping to walk to their neighborhood medical marijuana store for their pot won't be able to do so any time soon. The Monterey Park City Council voted unanimously Wednesday to impose a moratorium on the establishment of so-called cannabis dispensaries within the city. The ban takes effect immediately and will last for 45days, with an option for the council to renew the moratorium for up to two years, said Development Services Director Adolfo Reta. There are no medical marijuana dispensaries operating in Monterey Park, but the city has received inquiries on licensing and regulation of such establishments, City Manager Chris Jeffers said. The city's Development Services and Police departments had requested the moratorium so that officials could examine the regulation - or perhaps the outright prohibition - of cannabis dispensaries in the city. "Without an immediate moratorium being in place, the city could either receive an application for such a facility or a facility could open on its own, and the city would not have any regulations to enforce and protect the public health, safety and welfare," Reta said in his report to the council. Among the potential negative effects of pot dispensaries that officials want to study, according to a staff report on the subject, are increased crime due to the large amounts of cash and marijuana typically held at such establishments, loitering and disturbing the peace. Officials also want to examine how conflicting state and federal laws governing medical marijuana are reconciled, Police Chief James Moy said. While the U.S. Controlled Substances Act classifies marijuana as a Schedule 1 drug with no accepted medical use, California Proposition 215 and Senate Bill 420 allow medical use of marijuana and provides for the formation of pot cultivation "cooperatives" on a nonprofit basis. The U.S. Supreme Court ruled last year in Raich v. Gonzalez that the federal government's interpretation that all marijuana is illegal supersedes any state law. But there are still legal challenges pending against the federal Controlled Substances Act. Other local cities, such as El Monte, Pasadena, Lakewood and Pomona, have placed similar moratoriums on medical marijuana dispensaries. West Hollywood,which initially allowed dispensaries to flourish in its city limits, passed a moratorium on new dispensaries until March 2007. The temporary ban was prompted by incidents of armed burglary at some of the city's eight existing pot stores and complaints from neighbors about increased pedestrian and vehicle traffic and noise, said Eric Matikosh of the West Hollywood City Clerk's office. Rules for existing dispensaries in West Hollywood include a prohibition against keeping more than $200 in cash overnight on the premises, mandatory security guards, and a ban on on-site consumption of marijuana, alcohol, tobacco or food. But such businesses are now allowed in unincorporated county areas such as Hacienda Heights, which already has one dispensary in operation, said David Sommers, spokesman for county Supervisor Don Knabe. "There was a temporary moratorium that was put in place last year because the county did not have any rules or regulations of dispensaries," Sommers said, adding that a new ordinance passed by the Board of Supervisors in May established such rules. "Any dispensary wishing to open within unincorporated parts of the county would have to operate in accordance with those rules, and dispensaries existing prior to the ordinance taking effect have to come into compliance within a year." The rules set by the board include prohibitions against dispensaries being located within 1,000 feet of each other or from schools, nurseries, day-care centers, parks and libraries; mandatory security guards; and 24-hour surveillance and alarm systems. http://www.sgvtribune.com/news/ci_4194107
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