POT SHOPS BANNED

San Bernardino County residents who live in the unincorporated areas
of the county and are licensed to grow their own medical marijuana
will have to do it indoors now. And medical marijuana dispensaries are
on the block now that the board of supervisors approved changes to the
county's land use code during a hearing on April 5.

After two divisive planning commission hearings where over 100 people
testified either for or against "banning" medical marijuana use in San
Bernardino County, the board of supervisors unanimously approved the
changes.

The newly adopted ordinance bans medical marijuana dispensaries and
relegates the cultivation of medical marijuana to indoor locations.
Licensed medical marijuana users will only be permitted to grow their
own if it is grown in a secure, locked and fully enclosed structure
with solid walls, a ceiling, a roof or top.

Medical marijuana can continue to be used at state licensed hospitals
and other facilities, such as rehabilitation centers that provide
diagnostic services and extensive medical treatment and have an
organized medical staff. The facilities must have inpatient beds and
equipment and facilities to provide complete healthcare in order to
qualify. Rehabilitation centers may also have access to medical
marijuana and licensed caregivers may be allowed to provide it to
their at-home patients.

Jan Werner, the vice president of the company that owns and operates
Budmart, the medical marijuana dispensary that opened this year in
Skyforest, reacted with dismay to the supervisors' vote, and predicted
a drawn-out court battle against it.

"It's unfortunate they're trying to prevent patients' safe access to
cannabis," Werner said. He said his firm's attorney has informed him
that the county's Code Enforcement Division has already issued
cease-and-desist orders to at least 12 marijuana dispensaries, and
that appeals have been filed against them in court.

"He feels like we do that the county is acting illegally and against
our state constitutional rights," Werner said of the lawyer. "It looks
like it's going to be drawn out in court. I hate to say it."

Throughout two planning commission hearings, medical marijuana users
pleaded with county officials to allow them access to their medicine
and bemoaned the fact that having to grow their crop inside is
extremely expensive due to the amount of electricity it takes to
cultivate the crop.

Although the State of California allows medical marijuana
dispensaries, David Wert, the county's public information officer,
said medical marijuana dispensaries have never been allowed under the
county's code.

"All dispensaries are subject to enforcement action regardless of when
they opened," he told this newspaper.

According to San Bernardino County law, a marijuana dispensary is
described as any facility or location, whether fixed or mobile, where
marijuana is cultivated, made available, and/or distributed by or to
three or more people including a primary caregiver, a qualified
patient or a patient with an identification card.

The new ordinance becomes effective 30 days from the date it was
adopted, which in this case would be May 5, 2011.