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US: Planning Commission Vetoes Ban on Cannabis Dispensaries in City Bill Koeneker Malibu Surfside News Thursday 12 Jun 2008 • Recommends Limit of Three Outlets and Other Curbs New members of the Malibu Planning Commission took their seats last Tuesday night, and the panelists quickly got down to business. On a 3-2 vote with Commissioners Ed Gillespie and Regan Schaar dissenting, the commission recommended allowing three medical marijuana dispensaries in Malibu, but with tight restrictions and regulations. The panel heard from numerous individuals who described their medical problems and how marijuana provided relief. Newly appointed Commissioner Jeff Jennings said he would support a regulatory approach, but with provisions that there be no onsite consumption of the drug. “I would not support only one dispensary. We do not want to create a monopoly,” he said. The new chair of the panel, Joan House, said she questioned eight doctors in her family about the legitimacy of medical marijuana. “Every one of them supported it. It is too bad the federal government has not come into line. If I had my preference, you would go to a pharmacy,” said House, who was adamant that no more than three dispensaries be allowed in the city. Newly installed Commissioner John Mazza said he believes that since the drug is taxed, it can be regulated. “The taxes are important. I am for regulation rather than a ban. We can ban smoking on the premises,” he said. Mazza was referring to earlier testimony that the state Board of Equalization taxes the sale of marijuana since it is not a prescription drug. Panelists were also told patients obtain their medicine through a physician. However, Schaar said earlier in the day she inadvertently checked out the operations of one of Malibu’s pot pharmacies where she allegedly witnessed children entering the premises, saw that nearby offices were smoky, and there seemed to be no oversight. “I took my children to play a new video game. The moms went into another room. It filled up with smoke from the medical marijuana dispensary. This room was filled with children. It made me sick to my stomach. The kids came into the dispensary. There was blatant abuse. One of the tenants said they called the sheriff, but was told there was nothing they could do,” she said. “It has made me feel completely differently than I did this morning.” Newly appointed Commissioner Ed Gillespie said while his “heart goes out to people who need this medication,” he does not believe Malibu is the place for dispensaries. “We are way over our heads on this one. It bothers me. No matter how you slice it, it is against federal law,” he said. Commissioners consulted with a deputy sheriff and an advocate on the legal status of the drug that was nevertheless legalized by the voters of the state for medical purposes. Evidence appears to be growing for the widespread use of marijuana for medical purposes. An attorney representing one of the dispensaries told the commission that the establishment has 1000 customers with a 90265 address. Mazza first proposed a motion that the commission recommend to the city council that it approve a zone text amendment to the city’s zoning codes to conditionally permit medical marijuana dispensaries in specific commercial zones. Jennings proposed several amendments to the motion that were accepted by Mazza, but the motion went down on a 2-3 vote. House, who had said she would only support three dispensaries, made her own motion, including Mazza’s wording, but with the limit of three dispensaries within the city, that was approved 3-2. The new law, if approved by the city council, precludes the location of pot pharmacies within a 500-foot radius around a church, temple, playground, park, day care or school. Other restrictions include regulations on security and lighting, hours of operation, limits on how much cash can be kept on the premises, curbs on purchasers under 18, and operators having to undergo a complete criminal background check before they can set up a business. http://malibusurfsidenews.com/stories/200806/20080612004.html
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