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After discussing the issue with Corona -- which is battling one such business in court -- and learning of the county Board of Supervisors' Sept. 26 ban of such establishments in unincorporated areas, Norco decided it was time to take a stand on medical marijuana.
"Our senior planner had a recent discussion with the planner in Corona, and they said `You guys would be smart to do a moratorium until the legal issues are settled,' " said Jim Daniels, Norco community development director.
"We thought it was the prudent thing to do. It seems really simple, but it can get really complicated."
While state voters passed Compassionate Use Act of 1996, which allows marijuana use for medical purposes, and the Legislature passed the Medical Marijuana Program Act of 2004, which sketched guidelines for patients and caregivers, the federal government still says marijuana is illegal.
Second District Supervisor John Tavaglione said the dispensaries and cooperatives that began cropping up around Riverside County presented a few dilemmas for county officials.
"Our big concern is that these dispensaries are likely to cause illegal activities. That's been found in other jurisdictions in the state,"
Tavaglione said. "Then there's the conflict between state and federal law. So we opted to take the side of the federal government."
Riverside County joined San Bernardino and San Diego counties in a lawsuit against the state for creating the quagmire in the first place.
Norco is using the 45 days, which can be extended up to 2 years, to study the issue, watch the courts, and determine how such establishments would be zoned and what conditions they would be subject to, if allowed at all, said City Attorney John Harper.
"It's not an issue addressed in the city Municipal Code. No city's really developed standards to hold these places to," Harper said. "One of the difficulties is -- under federal law, they are unlawful, and if the city allows them, it puts federal funds at risk."
As the federal and state governments battle it out, many municipalities are finding themselves forced to navigate the legal gray area alone.
Pomona adopted a 45-day moratorium on such establishments in April, only to learn one already existed in town -- Farm Assist Caregivers.
"We're still researching the issue," said Pomona Planning Manager Matt Bassi. "We're waiting to see what the outcome is of court litigation going on now. We're researching other cities out there that allow for them and the operational standards they have in place to see if it's good enough to use here."
Bassi said Farm Assist Caregivers has applied for an exception to the moratorium, which is scheduled to be heard Nov. 20.
In Corona, a somewhat similar instance occurred. The city, which adopted a moratorium on Aug. 2, is trying to get a restraining order on a dispensary called Healing Nations that applied for its business license without disclosing it was a medical marijuana center, said City Manager Beth Grove.
Claremont enacted a moratorium at its Sept. 26 council meeting, only to learn from an audience member that he had already opened and was operating an medical marijuana establishment in town.
So Norco is taking precautions.
"I'm sure Norco wanted to get ahead of the curve," Tavaglione said of the city's Oct. 4 moratorium on such businesses. "They probably realized certain jurisdictions around them prohibit this, and that provides the potential for those dispensaries to start opening in their jurisdiction."
Though city officials say no dispensaries have applied for operation in Norco, the moratorium gives city staff time to analyze the issue and draw up some rules and conditions before their time is up.
"Now there's not enough information to know where to zone it," said Councilman Herb Higgins. "Does it fall into the same area as Jessica's Law? Does it belong in a clinic or hospital? It's not that I'm against the idea, but I want to be fair in where I put it."
While it's too late for cities like Pomona, Corona, and Claremont, cities like Norco are trying to create safeguards before they end up in a legal battle with medical marijuana dispensaries and advocates.
And, as they each step out into this uncharted territory, every city is keeping a close eye on the higher government bodies in court.
"We're waiting to see what happens with the federal-state battle," Harper said. "There are a lot of unanswered questions, so everyone is looking at everyone else."
Newshawk: Spliff Twister - www.420Times.com
Source: Daily Bulletin
Pubdate: October 11, 2006
Author: Andrea Bennett
Copyright: Copyright © 2006 Los Angeles Newspaper Group
Website: Inland Valley Daily Bulletin: Local News, Sports and Things to Do
"Our senior planner had a recent discussion with the planner in Corona, and they said `You guys would be smart to do a moratorium until the legal issues are settled,' " said Jim Daniels, Norco community development director.
"We thought it was the prudent thing to do. It seems really simple, but it can get really complicated."
While state voters passed Compassionate Use Act of 1996, which allows marijuana use for medical purposes, and the Legislature passed the Medical Marijuana Program Act of 2004, which sketched guidelines for patients and caregivers, the federal government still says marijuana is illegal.
Second District Supervisor John Tavaglione said the dispensaries and cooperatives that began cropping up around Riverside County presented a few dilemmas for county officials.
"Our big concern is that these dispensaries are likely to cause illegal activities. That's been found in other jurisdictions in the state,"
Tavaglione said. "Then there's the conflict between state and federal law. So we opted to take the side of the federal government."
Riverside County joined San Bernardino and San Diego counties in a lawsuit against the state for creating the quagmire in the first place.
Norco is using the 45 days, which can be extended up to 2 years, to study the issue, watch the courts, and determine how such establishments would be zoned and what conditions they would be subject to, if allowed at all, said City Attorney John Harper.
"It's not an issue addressed in the city Municipal Code. No city's really developed standards to hold these places to," Harper said. "One of the difficulties is -- under federal law, they are unlawful, and if the city allows them, it puts federal funds at risk."
As the federal and state governments battle it out, many municipalities are finding themselves forced to navigate the legal gray area alone.
Pomona adopted a 45-day moratorium on such establishments in April, only to learn one already existed in town -- Farm Assist Caregivers.
"We're still researching the issue," said Pomona Planning Manager Matt Bassi. "We're waiting to see what the outcome is of court litigation going on now. We're researching other cities out there that allow for them and the operational standards they have in place to see if it's good enough to use here."
Bassi said Farm Assist Caregivers has applied for an exception to the moratorium, which is scheduled to be heard Nov. 20.
In Corona, a somewhat similar instance occurred. The city, which adopted a moratorium on Aug. 2, is trying to get a restraining order on a dispensary called Healing Nations that applied for its business license without disclosing it was a medical marijuana center, said City Manager Beth Grove.
Claremont enacted a moratorium at its Sept. 26 council meeting, only to learn from an audience member that he had already opened and was operating an medical marijuana establishment in town.
So Norco is taking precautions.
"I'm sure Norco wanted to get ahead of the curve," Tavaglione said of the city's Oct. 4 moratorium on such businesses. "They probably realized certain jurisdictions around them prohibit this, and that provides the potential for those dispensaries to start opening in their jurisdiction."
Though city officials say no dispensaries have applied for operation in Norco, the moratorium gives city staff time to analyze the issue and draw up some rules and conditions before their time is up.
"Now there's not enough information to know where to zone it," said Councilman Herb Higgins. "Does it fall into the same area as Jessica's Law? Does it belong in a clinic or hospital? It's not that I'm against the idea, but I want to be fair in where I put it."
While it's too late for cities like Pomona, Corona, and Claremont, cities like Norco are trying to create safeguards before they end up in a legal battle with medical marijuana dispensaries and advocates.
And, as they each step out into this uncharted territory, every city is keeping a close eye on the higher government bodies in court.
"We're waiting to see what happens with the federal-state battle," Harper said. "There are a lot of unanswered questions, so everyone is looking at everyone else."
Newshawk: Spliff Twister - www.420Times.com
Source: Daily Bulletin
Pubdate: October 11, 2006
Author: Andrea Bennett
Copyright: Copyright © 2006 Los Angeles Newspaper Group
Website: Inland Valley Daily Bulletin: Local News, Sports and Things to Do
