Pot law ignites new debate

By Stephanie Bertholdo bertholdo@theacorn.com


Proposition 215, the Compassionate Use Act of 1996 that decriminalizes medical marijuana, might be the law in California, but dispensaries that are used for selling the weed will be against the law in Agoura Hills if city officials have their way.

According to California law, cities have the right to prohibit the operation of certain businesses under their general plan and specific ordinances.

On July 17, the Agoura Hills Planning Commission recommended that the City Council approve a zoning amendment outlawing the medical marijuana cooperatives.

Agoura Hills enacted a moratorium on the dispensaries in 2006 to review the medical marijuana issue and decide whether the facilities should be allowed to operate within city boundaries. The moratorium was initiated when a dispensary opened on Agoura Road without proper registration, and the owner used false signage to conceal its true identity.

Doug Hooper, Agoura Hills assistant director of community development, said although the state law allows people to use a limited amount of marijuana if prescribed by a doctor, the issue remains "unclear" as to whether the distribution of marijuana on a larger scale is lawful

The law was intended to give seriously ill Californians the right to possess and use marijuana for a variety of chronic medical conditions, but critics say that many doctors will prescribe marijuana to teens who simply complain of stomach aches, anxiety, headaches and other ailments just so they can legally get high.

A report to the planning commissioners included several studies conducted by the California Chiefs of Police Association, the Riverside District Attorney's office, and reports from several news agencies.

"The United States Department of Justice's California Medical Marijuana Information report advised that large-scale drug traffickers have been positioned as caregivers to obtain and sell marijuana," Hooper said.

Assistant City Attorney Candace Lee said Agoura Hills will not issue a business license to anybody for an activity that is prohibited by federal law.

Many of the planning commissioners felt conflicted about the ordinance.

Illece Buckley Weber said while the city would be "remiss" in allowing dispensaries to open in Agoura Hills, she felt "disheartened" by the ordinance since cancer patients and other people with serious medical conditions can benefit from the drug.

Commissioner Cyrena Nouzille agreed that while there are some legitimate uses for marijuana, there wasn't a need for a dispensary in Agoura Hills. She said qualified individuals still have the right to cultivate up to six mature plants at their homes.

"At least individual rights are not conflicting," Nouzille said.


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