MEDICAL MARIJUANA ADVOCATES PROPOSE SAN BERNARDINO COUNTY ORDINANCE

Medical marijuana advocates met with San Bernardino County officials
on Thursday to present a proposed ordinance they say would keep pot
out of inappropriate hands and honor Californians' vote to allow
access to medical marijuana.

The proposal, based on the county's regulations for adult businesses,
comes as the Planning Commission studies another proposed ordinance
that medical marijuana advocates said would essentially eliminate
access to medical marijuana in the county because of bans by cities.

Opponents say the stricter ordinance, which would limit marijuana
distribution in unincorporated areas to a small number of providers
such as hospices, violates the California Constitution's guarantee
that patients with a doctor's permission can use medical marijuana.

"I really don't believe they were passing sensible resolutions," said
Lawrence Bynum, the attorney who drafted the alternative ordinance.
"I challenged them to come up with even one (location) that fits
their exceptions and has marijuana available. They couldn't."

James Squire, who heads the county's advance planning division, met
with owners of medical marijuana dispensaries and their attorneys to
go over the proposed ordinance.

He did not return calls for comment on Thursday.

But anti-drug activists ridiculed the proposal.

"We're not surprised that they would try to align themselves with
adult businesses because much like adult businesses these marijuana
shops destroy community values and children's potential for living a
healthy life," said Paul Chabot, founder of the Coalition for a Drug
Free California, based in Rancho Cucamonga.

Selling or using marijuana remains a violation of federal law, he
said, giving cities and counties the right and the duty to outlaw it.

"Our Board of Supervisors understands public safety, and they
understand how important our children are to our future," he said.
"There is no way they are going to allow anything of this kind."

Courts have split on the legality of local bans, given the
contradiction between state and federal law.

But Bynum said the county should stay away from a total ban to avoid
expensive lawsuits - and to provide treatment he said can help tens
of thousands of county residents.

"A tax, license and regulate ordinance will actually prevent the type
of exposure kids would get under a ban, which doesn't encourage good
corporate citizens," he said.

Bynum's proposal, which county employees say they're reviewing, would
tax marijuana an additional 1.8percent and limit marijuana
dispensaries to general commercial zones within 750 feet of
"sensitive uses" such as residences, schools or areas where minors
congregate. Other restrictions include a requirement that only
authorized patients may enter the buildings.

It does not address commercial growing, which he said will take more
time to study.