FULLERTON BLOWS DOWN POT DISPENSARY BAN

The Panel Instead Indicates It Will Likely Take Steps to Regulate the
Outlets, Becoming the Only Orange County City With Such
Regulations.

FULLERTON -- A proposed ban on medical-marijuana dispensaries in the
city was defeated by the City Council on Tuesday night, with the panel
indicating it will instead establish regulations for the outlets.

If the City Council does indeed vote to regulate the dispensaries,
Fullerton would apparently become the only Orange County muncipality
with such regulations.

The council voted 3-2, with councilmen Don Bankhead and Dick Jones
supporting a ban.

On Feb. 19, the council is scheduled to consider how to regulate the
retail outlets; staffers were told to analyze the current requirements
and update zoning maps for possible dispensary locations.

"There is no need to have these businesses in Fullerton, but this is a
zoning issue," said Councilman Shawn Nelson, who with Mayor Sharon
Quirk and Councilwoman Pam Keller agreed California voters supported
the dispensaries by a large margin when they adopted Proposition 215
in 1996.

Federal laws prohibit medical-marijuana dispensaries.

The council majority for the vote emphasized they were not in favor of
marijuana.

"But we need to stay out of the crossfire (between the state and
federal governments)," Nelson said.

Jones argued it was the council's job to protect citizens, "but we're
protecting druggies. Nothing is dispensed by people who are
knowledgeable."

"We're inviting an enforcement problem," Bankhead said. "Our Police
Department is bound to enforce federal regulations."

Fullerton Police Capt. Greg Mayes said his force has never seen a
community dispensary acting in the spirit of state law. "They take
advantage for financial gain," he added.

A staff report indicated that 21 Orange County cities have banned
dispensaries. More recently, Huntington Beach and Anaheim reversed
their approvals.

In an unrelated item, the council gave dancehall operator James Barnum
a reprieve from revocation of his conditional use permit.

Citing citizen complaints and municipal code violations, the council
imposed 20 conditions for Barnum to keep operating The Alley at 140 W.
Wilshire Ave.

Nelson, the sole opponent to allowing the modifications, said the
operation is inappropriate for the location. His request for a
revocation hearing was denied.