OCEANSIDE: Moratorium approved for medical pot dispensaries

Ban could be extended up to two years


By CRAIG TENBROECK - ctenbroeck@nctimes.com
Wednesday, May 13, 2009 9:50 PM PDT


OCEANSIDE ---- Medical marijuana dispensaries won't be setting up shop in Oceanside, at least not for now.

The City Council adopted a so-called urgency ordinance Wednesday imposing a moratorium on dispensaries. The ban will expire in 45 days, but the council can extend it for nearly two years.

City Attorney John Mullen said someone recently inquired about opening a dispensary in Oceanside.

"He does not have a specific location, but he indicated at our meeting that he wanted to be the first," Mullen said. "That is one of the factors that was adding to the urgency of the adoption of this ordinance."

California voters legalized medical marijuana in 1996. While the drug is illegal under federal statutes, the Obama administration has signaled it won't prosecute dispensaries that operate under state law.

California's cities and counties have approached dispensaries differently. Thirty-two cities have regulations that allow them, while 111 ---- including San Marcos, Murrieta and Temecula ---- have bans, according to Americans for Safe Access, a medical cannabis advocacy group.

Oceanside has no rules governing medical marijuana dispensaries, which may lead to their proliferation, said associate planner Juliana von Hacht. She said they've been linked in some cities to increased crime, traffic and noise.

City staff will use the moratorium to study its regulatory options and meet with interested parties, including patients and law enforcement representatives, she said.

About half of the 17 people who addressed the council were medical marijuana advocates. One wore a shirt that said "Medicating is not a crime."

The rest were drug prevention workers seeking an eventual ban.

The council approved the moratorium 4-0, with Councilwoman Esther Sanchez absent. An urgency ordinance takes effect immediately.

"This is kind of new territory for us," Councilman Jerry Kern said.

In a letter, the American Civil Liberties Union of San Diego urged the city this week to complete its study "as quickly as possible, to avoid infringement of the rights of qualified patients and their caregivers."

City staff said it would probably take longer than 45 days.

Contact staff writer Craig TenBroeck at 760-901-4062.


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