Beaumont Council Takes Step Toward Prohibiting Medical Marijuana Dispensaries

Beaumont officials are taking steps to prohibit medical marijuana
dispensaries in the city.

The Beaumont City Council on Tuesday night approved the first reading
of an ordinance that bans the establishment of dispensaries in the
city. The ordinance will return to the council May 5 for a second
reading. If approved again, it will become law 30 days later.

The vote was 4-1. Councilwoman Nancy Gall cast the dissenting
vote.

"I have a problem prohibiting something that I know some of our
residents need," she said.

She added that she voted for Prop. 215, which legalized medical
marijuana. Voters approved the state initiative in 1996.

A staff report to the City Council notes the proposition but also
asserts: "Neither State or Federal Law addresses the licensing or
operation of a medical marijuana dispensary. In fact, the distribution
and use of marijuana is prohibited by Federal Law."

"I'm not in favor of violating federal law," Councilman Roger Berg
said, adding: "Federal law trumps state law."

Councilman Larry Dressel said, "I don't think a dispensary that
operates for profit is the way to go."

The staff report states that the city has received a number of
inquires about establishing medical marijuana dispensaries in
Beaumont. Staff recommended the council approve an ordinance that
prohibits such clinics in Beaumont and thus, complies with federal
law.

Beaumont resident Jason Nutter told the council that medical marijuana
dispensaries do exist in Beaumont, but are under the radar. He said he
is in favor of dispensaries, and that he has friends who are sick and
need marijuana for treatment.

Nutter said dispensaries look and operate like a doctor's office or
pharmacy.

Lanny Swerdlow, of Whitewater, an advocate for medical marijuana,
urged the council to follow in the footsteps of the Palm Springs City
Council, which voted in February to allow two not-for-profit medical
marijuana collectives to operate in that city. He said the Palm
Springs ordinance follows guidelines set by California Attorney
General Jerry Brown.

The guidelines "affirm the legality of medical marijuana collectives
and cooperatives, but make clear that such entities cannot be used for
profit," states an August 2008 news release from the attorney
general's office.

Swerdlow said dispensaries that have operated in Palm Springs have not
caused problems in the city.

Beaumont Mayor Jeff Fox said the ordinance banning dispensaries
wouldn't mean the city can't look at allowing medical marijuana
cooperatives in the future.