GUADALUPE TO MAKE STAND ON MEDICAL MARIJUANA

Medical marijuana dispensaries could be temporarily prohibited from
setting up shop in Guadalupe under an urgency ordinance scheduled for
approval at Tuesday's City Council meeting.

The council is also set to mull a move to adopt a permanent ban on
the dispensaries when it meets at 6 p.m. in Council Chambers, 918 Obispo St.

At the moment, the city has no regulations against a medical
marijuana dispensary within city limits, according to the agenda
report from City Attorney David Fleishman.

An urgency ordinance -- good for 45 days and effective immediately --
would prohibit medical marijuana dispensaries from opening in the city.

The text of the urgency ordinance states "It is necessary for the
preservation of the public peace, health and safety to enact as an
urgency ordinance prohibiting the establishment and operation of
medical marijuana dispensaries in any zone of the City of Guadalupe."
Additionally, "The city can expect to suffer the adverse secondary
effects of such businesses and enforcement problems if such
businesses are allowed in the absence of new and revised regulations."

The temporary ban would be a stop gap until a formal permanent
ordinance is adopted, Fleishman said.

Mayor Lupe Alvarez said the move is a "proactive" and the city has
had no applications for a pot clinic nor has one opened that the city
is aware of.

According to Alvarez, an individual seeking to open a dispensary said
he would seek a ballot initiative to allow one if the council didn't
support the idea.

At a recent meeting, the council agreed they don't want a medical
marijuana facility in the community and directed the City Attorney to
draw up an ordinance.

If the council moves forward to adopt an ordinance, it will go
through the city Planning Commission for a recommendation before
reaching the council.

It is a crime under federal and state law to manufacture, distribute,
dispense or possess marijuana, but the state makes an exception for
the use of pot for medical purposes with a doctor's prescription.

In the time since California legalized medical marijuana
dispensaries, several that were established on the Central Coast have
shut down after their operations were disrupted by raids by federal agents.

In March, however, there was a significant shift in federal policy
toward medical use of marijuana. It was announced that the Justice
Department will no longer prosecute pot dispensaries that operate
legally under state law, an about-face from the policies of the Bush
administration.

However, several Central Coast cities, including Santa Maria,
Buellton, Arroyo Grande and Pismo Beach, have passed ordinances
banning medical marijuana dispensaries within city limits.

Last month, a dispensary opened in Orcutt's Evergreen Shopping Center
to no fanfare. Within weeks, the Wishing You Wellness clinic closed
just as quietly after the shopping center owners decided to terminate
its month-to-month tenancy.

It was the only known North County medical marijuana dispensary,
although Santa Barbara County has no prohibitions against them.