CITY BANS POT SHOPS

Restrictions to Be Considered

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.