SAN JUAN EXTENDS TEMPORARY BAN ON MEDICAL MARIJUANA

Some Question Need For New Regulations, But Council Majority Decides
That More Study Is Needed.

San Juan Capistrano - The council on Tuesday voted to extend a ban on
medical marijuana dispensaries, despite concerns from one
councilmember who questioned why the move was necessary.

The council last month approved an interim urgency ordinance banning
marijuana dispensaries, along with a separate ordinance restricting
the issuance of business licenses for activities deemed to be "in
conflict with state or federal law."

The debate was spurred by a request from the Lake Forest based Sharc
Corporation to open a dispensary in San Juan. In a letter to the city,
Sharc officials indicated that they currently serve 1,600 patients in
Orange and San Diego Counties, with locations in Capistrano Beach and
Lake Forest.

California voters have approved the use of medical marijuana, but
possession is still prohibited under federal law. The business license
ordinance effectively prohibits medical marijuana dispensaries since
they violate federal law, but the urgency ordinance was needed to
prevent a dispensary from setting up shop before the permanent
ordinance goes into effect, Planning Director Steve Apple said.

Councilman Lon Uso questioned the need for the ban, asking why medical
marijuana is treated differently than other prescribed medication.

"People abuse drugs," Uso said. "They abuse legal drugs, they abuse
illegal drugs."

Police officials have backed the medical marijuana ban, claiming that
dispensaries are often "thinly veiled sales of marijuana for profit,"
as Chief of Police Services Lt. Mike Betzler described them.

"(Prescriptions) are taken in by a lay person, not someone who is
medically trained," Mayor Sam Allevato said. "If we allow it we are in
effect flying in the face of federal law."

Other councilmember's said the temporary ban allows the city more time
to study the effect of medical marijuana dispensaries.

"We're merely talking about a zoning issue," Councilman Mark Nielsen
said. "There are a number of issues around these dispensaries that we
don't understand."

The use of medical marijuana has sparked a countywide debate over the
past month, with the Orange County Board of Supervisors in July
approving a program to issue photo identification cards to users of
medical marijuana.

Other cities have also joined the fray, with Huntington Beach planners
last week delaying a ban on medical marijuana pending further study.
Fountain Valley, Fullerton, Newport Beach,