Marijuana News In Ventura County

Marijuana advocates on council agenda

Dispensary in Ventura sought

By Kevin Clerici
Sunday, July 26, 2009

Michael Meyer has watched with unease over the years as city after city
in Ventura County has adopted moratoriums or other obstacles to block
medical marijuana dispensaries.

But the 61-year-old Ventura resident, who has used medicinal cannabis
for years to cope with rheumatoid arthritis, fibromyalgia and other
ailments, has newfound hope.

Recent polling shows more than half of Californians support legalizing
pot and taxing it, the federal government has softened its stance, and
some lawmakers are pushing for legalization to help cash-strapped cities
and a state teetering on bankruptcy.

Three members of the Los Angeles City Council want to tax medical
marijuana to help close the city's budget gap. And last week,
Oakland voters overwhelmingly passed a measure to tax the city's
four medical marijuana dispensaries, which is expected to raise upwards
of $400,000 annually. Proponents say it showed voters were comfortable
with the way Oakland has limited and regulated dispensaries.

"The tide finally seems to be turning in favor of wider medical use
of marijuana," said Meyer, the Ventura County organizer for
Americans for Safe Access, a nationwide advocacy group.

Meyer and other advocates plan to press their case Monday night at
Ventura City Hall, where the Ventura City Council has agreed to discuss
the topic.

Ventura does not currently have a direct ban on dispensaries, although
its zoning law prohibits them.

The advocates want Ventura to be the first in Ventura County to create a
regulated, taxed program for "patient-oriented, " not-for-profit
marijuana collectives under Proposition 215, the Compassionate Use Act
of 1996. The act permits patients with a variety of illnesses to legally
use medicinal marijuana in California.

Meyer points to the four Oakland dispensaries that are operating legally
and with city permits, which he says are acting as good neighbors and
are willing to be taxed at a rate that could really help that
cash-strapped city.

The Oakland marijuana businesses, which generate an estimated $20
million annually in sales, will be taxed $18 per $1,000 in gross
receipts, a 15-fold increase over the current charge.

Meyer estimates there are 10,000 to 15,000 medical marijuana patients in
Ventura County, and they are spending tens of millions of dollars
annually outside the county. Those figures are based on statewide
patient estimates and gross receipts recorded by the state Board of
Equalization, he said.

No city in Ventura County currently allows pot dispensaries. Some,
including Moorpark, Oxnard and Thousand Oaks, have adopted temporary
moratoriums. Camarillo just extended its ban. Simi Valley enacted a
permanent one.

The growing dispensary industry poses a challenge Ventura must face,
even if the city decides to do nothing, City Manager Rick Cole said.

Ventura County could see more unauthorized dispensaries now that Los
Angeles sealed a legal loophole last month that had allowed hundreds of
them to operate there.

Local cities have seen an influx of people interested in opening
dispensaries since March. That is when U.S. Attorney General Eric Holder
announced federal authorities would no longer take action against
medical marijuana dispensaries if they complied with state and local
laws.

Cole has asked the Ventura City Council for direction and offered
choices: keep the status quo, develop rules for nonprofit collectives,
or enact a moratorium while further studying the issue.

State law encourages — but does not require — local governments
to help make distribution of medical marijuana safe and affordable for
seriously ill patients, said Ventura City Attorney Ariel Calonne. He
added that only nonprofit collectives and cooperatives that cater to
closed groups of qualified patients and their primary caregivers have
been found lawful by the courts.

While an increasing number of public officials, including Gov. Arnold
Schwarzenegger, have urged study of legalization, there remains deep
opposition among groups such as Mothers Against Drunk Driving. The
California Police Chiefs Association have complained that marijuana
clubs across the state are little more than fronts for drug dealers.

Meyer agrees there have been abuses. He denounced "rogue"
operations, citing a dispensary that recently opened in Westlake Village
after city officials said it didn't belong. The operation was shut
down by the Los Angeles County city, which since has enacted a
moratorium. The dispensary is seeking a court injunction to reopen.

Meyer contends Ventura can craft regulations to weed out bad apples and
ensure a new model of patient-focused care — "a place where a
75-year-old woman with terminal cancer who has never used marijuana
could receive instruction, counseling and support from other users."

"We have a unique opportunity to both serve the needs of Ventura
County's medical cannabis patients and create a significant tax
generator and revenue stream for the city."

The City Council meets at 6 p.m. Monday at City Hall, 501 Poli St.

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