POT BAN URGED IN UNINCORPORATED AREAS

Medical marijuana dispensaries and marijuana delivery services should
be banned along with the sale and distribution of marijuana within
unincorporated Orange County, according to a county staff
recommendation to the Board of Supervisors.

The recommendation, which would impose a $1,000 fine per day for
violations, is up for consideration at today's board meeting.

Orange County does not have any laws regulating the permitting or
establishment of medical marijuana collectives. The California
attorney general set up guidelines that require dispensaries to
register as nonprofits, obtain a seller's permit and supply security,
among other conditions.

The county's lack of action to regulate medical marijuana dispensaries
has created an opportunity in unincorporated Orange County where
cooperatives are setting up shop without strict rules and regulations,
county CEO Tom Mauk told supervisors in September.

"OC Public Works believes any land use permitting of medical marijuana
stores, collectives or cooperatives would be a public health, safety
and welfare concern and most likely lead to unequitable concentration
(operations in ) unincorporated areas," OC Public Works Director Jess
Carbajal wrote in his recommendation.

The OC Public Works recommendation to ban medical marijuana
collectives is echoed by the Sheriff's Department position that the
bulk of collectives are selling to the general public, and therefore
breaking California law.

Federal law bans the use, possession and sale of marijuana.

A proposed 45-day moratorium on medical marijuana dispensaries in
unincorporated Orange County failed by one vote in September as the
county prepared for the possibility of more marijuana distribution if
the drug was legalized by voters in November's statewide election.

However, Proposition 19 failed; it would have legalized the use and
possession of up to an ounce of marijuana for personal use for people
over the age of 21 and allow local governments to regulate and tax
businesses that sold marijuana.