VISALIA CONSIDERS NEW POT ORDINANCE

Guidelines Sought For Medical Users In Light Of Federal Law.

VISALIA -- The smoky issue of marijuana, relegated to a slow burn for
several months, will rise again today when City Council members consider an
ordinance regulating where and how medical cannabis can be grown,
processed, distributed and used within Visalia.

The City Council meeting begins at 7 p.m. at Visalia City Hall, Acequia
Avenue and Johnson Street. A work session will begin at 4p.m.

With one organization already providing marijuana to patients, city leaders
hope to establish guidelines, within its business regulations, land-use
rules and zoning laws, to manage the operations in compliance with state law.

The goal: keeping a lid on illegal pot while still following Proposition
215, the Compassionate Use Act approved by California voters nearly nine
years ago.

"It's a strong ordinance," said Jeff Nunes, founder of Medicinal Marijuana
Awareness and Defense, a nonprofit information and referral center, and
Visalia Compassionate Caregivers, which provides cannabis to about 300
patients with a doctor's recommendation for the substance.

"But it's what we need from our city. ... Coming up with the regulations is
what we wanted from Day 1," Nunes said.

He said the ordinance's strict provisions are needed to keep dispensaries
and cultivation operations from becoming a community nuisance.

Prop. 215, approved by 55.6% of California voters in November 1996,
declared that ill people have the right to use marijuana for medicinal
purposes when deemed appropriate by a doctor and allows possession or
cultivation of marijuana by the patient or by the patient's "primary
caregiver." The law also protects California physicians from punishment for
recommending medical marijuana to patients.

Marijuana contains tetrahydrocannabinol, or THC, the psychoactive
ingredient that provides the high for recreational users but also helps
relieve nausea from cancer treatments or AIDS, chronic pain from injuries
or arthritis and symptoms from other ailments, such as glaucoma or anorexia.

Council members were preparing to implement an ordinance earlier this year.
But in June, the U.S. Supreme Court ruled the federal government could
continue to enforce federal marijuana laws even in states such as
California where the use of marijuana for medical purposes has been
approved either by voters or legislators.

The new ordinance, prepared by the office of City Attorney Dan Dooley, is
mindful of the federal prohibition: "It is the City Council's intention
that nothing in this ordinance shall be deemed to prevent federal
prosecution of violations of the Controlled Substances Act within the City
of Visalia."

Another portion of the ordinance shows just what a fine line the city is
walking: "The City of Visalia neither condones nor condemns the use of
marijuana, but finds it important to ensure that the adverse impacts from
the medical use of marijuana are minimized."

The ordinance, if approved, would require Nunes to obtain a permit,
according to the new law's requirements, within 90 days of taking effect.

Also tonight, the City Council will consider:

A recommendation to adopt the East Downtown Strategic Plan, intended to
help guide the revitalization of a half-mile-square district centered on
East Main Street and bounded by Bridge Street, Goshen Avenue, Ben Maddox
Way and Mineral King Avenue.

Awarding a $1.5million contract to Pinnacle CNG of Texas for the
construction of a compressed-natural gas fueling station for city vehicles.

Approving a contract with Lewis C. Nelson & Son Construction of Selma to
build a new bus operations and maintenance facility for Visalia's city
transit operations.

Increasing dog and cat license fees charged by Valley Oak SPCA, which
provides animal control and licensing services for the city.

SIDEBAR

Ordinance proposal

* Establish a special medical marijuana business permit and require a
background check of the owners, managers and employees before issuing a permit.

* Prohibit smoking, ingesting or consuming marijuana on the premises of the
business.

* Require cultivation to take place in a "secure, locked and fully secured
structure" and limit cultivation or processing to no more than 99 plants.

* Limit medical-marijuana businesses to the city's service-commercial
zoning districts.

* Prohibit such businesses within 500 feet of any residential zone
district; or within 1,000 feet of another dispensary or such "sensitive"
uses as a school, recreation center, library, park, day- care center or
church, or any youth-oriented establishment.