LOMA LINDA TO CONSIDER TEMPORARY POT BAN

LOMA LINDA - The city is considering adopting a temporary ban on
medical marijuana dispensaries.

No such establishments now exist in Loma Linda, but officials have
received several inquiries from prospective marijuana dispensary
operators. At least one person has told city staff members that he
intends to open a dispensary whether or not the city allows it.

In response, City Attorney Richard Holdaway recommends that the City
Council pass an urgency measure prohibiting medical marijuana
dispensaries for 45 days.

The measure, which would take effect immediately if approved, requires
a four-fifths vote of the council.

The council is expected to discuss the issue at 7 p.m. tonight.

The ordinance can be extended by the council for up to 10 months and
15 days, and a second time for up to one additional year.

A temporary ban would give staffers time to study the issue and come
up with recommendations whether to permit dispensaries or ban them
outright.

In 1996, California voters passed Prop. 215, which allows the use of
marijuana for medical purposes.

As a result, several cities have adopted provisions allowing
"qualified patients" and "primary caregivers" to obtain marijuana for
medical use from permitted dispensaries.

Councilman Floyd Petersen said the city may be powerless from
prohibiting marijuana dispensaries if they're legal in the state.

"I still have to hear what our attorney has to say about it," Petersen
said, "but I'm certain we're going to have to have at least zoning for
it somewhere at some point. It's just like adult entertainment or
anything else. You can zone it, but you can't exclude it."

In a report to the council, Holdaway said the city's Municipal Code is
silent on marijuana dispensaries. Since its zoning ordinance does not
expressly permit them, the city has taken the position that they are
not allowed because they are not classified as a defined use.
Dispensaries are also illegal under federal law, he noted.

Cities that have allowed dispensaries have reported increases in
loitering, illegal drug activity, burglaries, robberies and other
criminal activity, according to an April report by the California
Police Chiefs Association.

If allowed to operate in Loma linda without appropriate staff review,
dispensaries could "result in irreversible incompatibility and adverse
impacts on residents, businesses and neighborhoods," according to Holdaway.