City Enacts Moratorium On Pot Shops

Smokin Moose

Fallen Cannabis Warrior & Ex Moderator
Zoning Restrictions Mulled

MONTEREY PARK - The City Council voted Wednesday to temporarily ban medical marijuana dispensaries.

In a unanimous vote, the council moved to impose a 45-day moratorium on pot shops. During that time, the city will consider zoning restrictions and other guidelines for dispensaries, officials said.

The move follows two inquiries on the city's dispensary licensing process, officials said. There are no marijuana shops in Monterey Park, and the city has no regulations for the "clubs," which can under state law distribute pot to those with a doctor's prescription.

Council members said the moratorium would give city staff time to determine what is best for the community while following the California statute.

"The issue is how do we comply with the law in a way that is safe and secure for the residents," Councilman David Lau said.

Councilman Frank Venti said he would prefer the state require licensed pharmacies to distribute pot, but said the city has a legal responsibility to allow the dispensaries.

"If the state mandates we have to do this, to avoid lawsuits we will comply," Venti said, adding he was frustrated by the state law. "Why are they putting it onto the cities to be concerned about their local shopping centers? It gives the opportunity for abuse."

Several San Gabriel Valley cities including Baldwin Park, El Monte, Industry and La Puente have adopted moratoriums on dispensaries. Some California cities have enacted limits on the number of dispensaries while other municipalities have established licensing procedures for the shops, a Monterey Park staff report stated.

"This is a controversial issue with practically every city in the state of California," Planning Manager Jim Basham said, adding that many cities are waiting for the resolution of litigation to see what the options are for regulating pot clubs.

A few cities have approved outright bans on dispensaries, but that appears to conflict with state law. Several cities have been sued for such bans.

Medical marijuana distribution under a doctor's guidance was made legal in 1996 when California voters passed Proposition 215. However, the state law conflicts with federal law, under which any use of marijuana is illegal. Federal court rulings have tended to favor the U.S. law.

In the past year, federal agents from the Drug Enforcement Agency have stormed medical marijuana dispensaries in Los Angeles and West Hollywood and in Northern California.

Monterey Park's temporary moratorium can be extended for up to two years if city staffers show they need more time to research the issue, Basham said.

Source: San Gabriel Valley Tribune (CA)
Copyright: 2007 San Gabriel Valley Tribune
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