SUPERVISORS SEEK ZONING BAN OF MEDICAL MARIJUANA DISPENSARIES

The San Diego County Board of Supervisors has directed the county's
Chief Administrative Officer to work with County Counsel on the
drafting of an amendment to the county's Zoning Ordinance which would
prohibit illegal medical marijuana dispensaries from operating in the
unincorporated portion of the county.

The supervisors' 4-1 vote June 23, with Ron Roberts in opposition,
would not prohibit collectives and cooperatives protected under state
medical marijuana laws but would ban for-profit sale of medical marijuana.

"Dispensaries are illegal under both state and Federal law, but we are
here to clarify our Zoning Ordinance," said Supervisor Dianne Jacob.

"Our concerns have to do with not wanting to increase criminal
activity in the unincorporated area," said Supervisor Pam
Slater-Price. "We have concerns about youth. We have concerns about
crime in the community."

In November 1996 the state's voters passed Proposition 215, which
allows the cultivation and use of marijuana for medicinal purposes.

A separate June 23 Board of Supervisors action approved the process
for the issuance of medical marijuana identification cards which allow
qualified patients to apply for and receive such cards.

The medical marijuana identification cards are intended to protect
medical marijuana users against prosecution for cultivation,
possession, or use of an otherwise-illegal substance.

Under Federal law, the sale and use of marijuana for any purpose is
illegal. "This would provide an added civil tool," said County Counsel
John Sansone.

Sansone said that County Counsel would review Proposition 215, the
state legislation which provided for medical marijuana identification
cards, and an Attorney General's opinion on the matter while drafting
the ordinance.

"That prohibition will say nothing about lawful cooperatives and
collaboratives," Sansone said.

"I think this is an important step," said Supervisor Bill Horn. "I
think we need to put a stop to this."

Roberts noted that the county's targeting of "illegal medical
marijuana dispensaries" would be unique since the county doesn't have
specific zoning ordinances banning illegal alcohol sales, illegal
gambling, illegal prostitution, or any other illegal activity.

"Laws, if they're going to be effective, ought to be clear," he said.
"I think we are adding to the confusion surrounding this issue."

Rudy Reyes, who was badly burned in the October 2003 Cedar Fire, spoke
in opposition to the proposed ordinance. "We need access to our
medication," he said. "A patient either needs to grow it or needs to
be able to acquire it."

Chemotherapy veteran Donna Lambert hopes for more thought in an
approach which would ensure legal medical marijuana use but protect
communities against abuses. "Define what is legal. Let us work with
you," she said.

"I can't grow cannabis because I'm a mother," said Lakeside resident
Wendy Christakes, who broke her back in 2002.

Supervisor Greg Cox voted to move forward on the drafting of the
ordinance but didn't guarantee that he'd vote for the final ordinance.

"I don't know that this really accomplishes anything that's going to
be significant one way or another," he said.

Because the proposed ordinance would involve a zoning change, it would
likely be heard by the county's Planning Commission before returning
to the Board of Supervisors.