PROVIDERS OF POT A CONCERN FOR CITIES

Zoning Laws May Limit Dispensaries

The next front in San Diego County's battle over medical marijuana
may be local zoning law as jurisdictions throughout the region begin
to ban dispensaries.

But experts say the prohibitions might face constitutional questions
or other issues.

"If a city would allow a drugstore to operate, but not a medical
marijuana dispensary, someone could challenge that and say, 'What's
the difference?'?" said San Diego land-use attorney Robin Munro.

The county fought a long legal battle over medical pot, which was
allowed under state Proposition 215 in 1996 but banned by federal law.

In May, the U.S. Supreme Court declined to take up the case, and the
county began to issue identification cards for medical use of the
drug. Since then, applications to operate marijuana collectives have
popped up across the county.

But the Board of Supervisors plans to ban dispensaries in
unincorporated areas -- citing concerns about crime -- and several
cities are traveling the same road.

Vista and San Marcos have banned businesses that distribute
marijuana. Escondido and Oceanside implemented a 45-day moratorium,
and National City will consider a moratorium today. Santee will
consider a 45-day moratorium tomorrow.

Distributing medicinal marijuana is banned in El Cajon, La Mesa and
Lemon Grove because it is not allowed under their zoning laws.

In Chula Vista, city officials recently rejected a business license
for a collective without providing a written reason. The City Council
plans to discuss a moratorium today.

Mayor Cheryl Cox said the city needs time to come up with a plan.

"This is certainly something that state law permits, but we don't
have a policy," she said. "Not every city is going to permit the
dispensation of medical marijuana, but it's up to the council to make
that decision."

The issue will likely become a political discussion, Councilman Steve
Castaneda said.

"For me, 10 years ago the voters of California passed an initiative
that allows the dispensing of marijuana for medical purposes," he
said. "I trust the voters."

Daniel Green, 25, and Dustin Vogel, 26, are trying to obtain a
business license to open CV Cooperative, which would distribute
medical marijuana. The city rejected their application verbally last
month. The City Attorney's Office promised a formal rejection letter
within three weeks.

When Green and Vogel applied for a business license, they had
incorporated as a nonprofit, hired an attorney and leased office space.

"If they truly wanted to figure this out, they would have by now,"
Vogel said. "Instead, they tried to stop us. For a city that is
hurting as much as they are to turn away a small business, even
though we're a nonprofit, doesn't make sense. They will still get sales tax."

Dispensaries are allowed and abound in Los Angeles, Oakland and San Francisco.

"In state law, it's legal to open a medical marijuana dispensary,"
said Alex Kreit, a professor at the Thomas Jefferson School of Law.
"But local cities have the right to say what types of businesses
operate within their confines."

Cities would be better off allowing the dispensaries and regulating
them, Kreit said.

"In some ways, this could be a legal issue that bubbles up," he said.
"But on the other hand, cities may see the best way to deal with this
is through regulation."

Kris Hermes, spokesman for the Americans for Safe Access in Oakland, agreed.

"It's up to local officials to debate and adopt regulations," she said.

Many cities have banned dispensaries.

The League of California Cities has not issued guidelines for its
members nor has it been approached for advice, spokeswoman Eva
Spiegel said. State law is vague about how patients may access or
transport the drug.

The only guidelines available were issued by the state Attorney
General's Office last year. San Diego County has not adopted those rules.

There are about 20 dispensaries operating in San Diego, according to
Web sites that list collectives. At least two other South County
cooperatives are in the process of forming -- one in Eastlake and
South Bay Organic Co-Op in Imperial Beach.

In Chula Vista, Green and Vogel say their cooperative is ready to
open once it gets approval.

"We're trying to make this place very Zen," Green said. "We're going
to have one-on-one consultations. Our top priority is to be as
legally legitimate as possible."

Two months ago, they leased an office across from Sharp Chula Vista
Hospital. Since they are not operating their cooperative, they are
losing money on the lease, Vogel said.

Both partners are medical marijuana patients. Vogel, a former
Eastlake High School English teacher, said he suffers from insomnia.
Green uses medical marijuana for migraines.

"We're not trying to be 'Scarface,'?" Green said. "We're going to be
making teachers' salaries. Any excess (money) will go to charity."

[sidebar]

OVERVIEW

Background: Voters approved the use and sale of marijuana for
legitimate medicinal purposes under Proposition 215 in 1996. San
Diego County challenged a state law requiring issuance of
identification cards to patients.

What's changing: The U.S. Supreme Court has declined to hear the
county's case, and medical marijuana dispensaries are seeking
approval to set up shop across the county.

The future: Some cities -- and the county -- are trying to ban
dispensaries because of concerns about crime and safety. They might
run into constitutional issues.

[sidebar]

"It's up to local officials to debate and adopt regulations."

KRIS HERMES, spokesman for the Americans for Safe Access in Oakland