DISPENSARIES KEEP LICENSES

Extension Could Prevent New Shops From Opening

Licenses for Kern County's six medical marijuana dispensaries were
extended one year by Kern County supervisors Tuesday.

Supervisors weren't trying to help the medical marijuana movement.

They made the move, proposed by Supervisor Michael Rubio, with the
full knowledge that the people who hold those licenses probably won't use them.

The dispensaries closed after federal drug agents raided Nature's
Medicinal Cooperative in Oildale and arrested its owners in July.

Medical marijuana is illegal under federal law.

All six county licenses were due to expire on Dec. 13, potentially
allowing a new crop of dispensaries to apply to open in Bakersfield.

Extending the licenses could prevent new dispensaries from opening.

Rubio said his goal was to continue the de facto ban on medical
marijuana dispensaries without creating an actual ban that would
violate state laws that allow dispensaries.

But medical marijuana advocates said a ban is exactly what the board
created Tuesday.

"I think the Board of Supervisors is afraid," said Doug McAfee,
president of the local chapter of NORML, a pro-legalization group.
"They established a de facto ban -- which is illegal."

County attorney John Irby said, despite supervisors' obvious
intention to ban dispensaries, their action on Tuesday does not
legally create a ban.

"Four of them (dispensaries) could open tomorrow," Irby said.

But County Counsel Bernard Barmann said that if the people who hold
the extended licenses give them up, then Sheriff Donny Youngblood
could be faced with an application for a new licenses.

Youngblood has stated he will not issue any dispensary licenses under
the county ordinance.

He said he believes it's wrong to issue a license that could land the
person who gets it in federal prison.

If marijuana dispensaries do open under the extended licenses, they
will have to meet more stringent rules, supervisors also decided Tuesday.

They said the ordinance must require dispensaries to grow their own
product -- a requirement of state law -- and keep patient-by-patient
records of every sale they make.

Irby said those provisions are needed to avoid problems that cropped
up with dispensaries before federal raids.

"We weren't pleased with the keeping of the records and there were
problems when the sheriffs went to inspect," he said.

Jim McGowen, who operated the American Caregivers Collective
dispensary, would not say whether he planned to reopen under his
extended license.

Legalization advocates and patients were incensed with the board's decision.

"I think we live in a police state," said McAfee, defiantly wearing a
marijuana bud on a necklace. "The patients have been let down. Today
we feel like criminals again."

A sheriff's deputy, who checked McAfee's pot patient card, warned the
man not to bring marijuana to any future board meetings.