Ventura County Marijuana Dispensaries

Ventura to consider nonprofit medical pot outlets

By Kevin Clerici

Originally published 06:34 a.m., July 28, 2009
Updated 06:34 a.m., July 28, 2009

Ventura on Monday became first city in Ventura County willing to take a
serious look at allowing medical marijuana collectives to operate
legally in the city.

After lengthy discussion and impassioned public input, the City Council
unanimously approved a motion by Councilman Ed Summers that called for a
yearlong moratorium on medical pot operations to buy time to craft
language for not-for-profit pot collectives, which typically are
operated by medical pot patients and focused on patient care.

Pot dispensaries, which typically are run more like for-profit retail
stores, are illegal under state and federal law and should not be
considered, Summers said.

"I really believe there are valid medical uses," said Summers,
who favored a yearlong ban for further study and refinement despite
public opposition. Los Angeles, he explained, has been overwhelmed with
dispensaries who took advantage of loopholes because the city
"didn't do it right" when it drafted its rules.
Ventura's temporary ban, he countered, would "start the clock
ticking while the city develops the right rules."

No city in Ventura County currently allows medical pot businesses. Some,
including Moorpark, Oxnard and Thousand Oaks, have adopted temporary
moratoriums with no expressed desire to find a way to allow them in.
Camarillo just extended its ban. Simi Valley enacted a permanent one.

Dozens of medicinal marijuana patients and supporters filled the City
Hall Chamber.

Though limited to speak for no more than two minutes, patients shared
personal stories of how medical pot has helped them cope with agonizing
pain and lead productive lives. They complained how they have to drive
to Santa Barbara, Malibu or the San Fernando Valley to buy their
medicine.

Backers, stressing the medical benefits and how legal outlets could
provide a potential financial windfall for the city, urged the council
to show compassion and create a regulated, taxed program for
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. Attorneys
who specialize in medical marijuana even volunteered to help.

"It can be done, it should be done, it needs to be done," said
Duke Smith, a longtime patient and former outlet operator and founder of
Citizens for Safe Access, an advocacy group.

Though Mayor Christy Weir and Councilman Jim Monahan told a large
audience they preferred a permanent ban on any form of pot outlet, both
ultimately supported the moratorium and potential legalization process.
Councilmen Brian Brennan, Carl Morehouse and Neal Andrews voiced support
for carefully crafting new regulations. It was time the city "treat
the issue with the dignity and respect it deserves," said Brennan,
whose sister is a doctor and has recommended pot to patients.

Recent polling shows more than half of Californians support legalizing
pot and taxing it and the federal authorities pledged in March to no
longer take action against medical marijuana dispensaries if they
complied with state and local laws.

City Manager Rick Cole expressed concerns about how the city would
enforce any new rules and warned outlets could cause complaints from
neighbors and increased crime. Ventura Police Chief Pat Miller told the
council he didn't have the resources to regulate or monitor a new
program. The California Police Chiefs Association have complained that
marijuana clubs across the state are little more than fronts for drug
dealers. An official from the Ventura County District Attorney's
Office urged the city to develop rules to block dispensaries, which he
said were illegal.

Proponents agreed, saying they didn't want dispensaries, either.
Instead, they pointed to the four Oakland collectives that are operating
legally and with city permits, and a new tax supported overwhelmingly
last week by Oakland voters to help the cash-strapped city. They also
argued the city could charge higher licensing fees to pay for increased
city and police oversight and require on-site security.

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. They are projected
to raise nearly $400,000 annually in additional tax revenues.

Afterward, some patients said they were so used to rejection that they
were unsure whether or not to believe the council was serious about
creating a legal path, particularly after the mayor's staunch
opposition. Others were encouraged, giving each other high fives and
hugs and one guy saying it was time to get high.

Councilman Neal Andrews, who worked in the healthcare industry for 35
years, said state law encourages local governments to help make
distribution of medical marijuana safe and affordable for seriously ill
patients.

"It's time we take that direction, embrace it and find the right
solution for our community," he said.

http://www.venturac ountystar. com/news/ 2009/jul/ 28/ventura- to-consider- no\
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