SANTA BARBARA MEDICINAL MARIJUANA DEBATE HEATS UP

The debate over medical marijuana in Santa Barbara continues to
buzz.

The Santa Barbara City Council on Tuesday will decide the fate of
Patrick Fourmy's Compassion Center, after the city denied Fourmy's
application for a dispensary permit.

Fourmy appealed the original decision by the city's staff hearing
officer on Feb. 3, but his permit request was again denied by the
Planning Commission.

Now, as his last recourse before he can file a lawsuit, Fourmy is
taking his case to the City Council, which can either uphold or
overturn the Planning Commission's decision.

"Compassion Center is a model operation in many respects," said
Gilbert Gaynor, Fourmy's attorney. "It has a stellar reputation in the
medical community."

Compassion Center, which has been at 2915 De la Vina since 2006, is
mainly under fire for violating municipal code by allegedly failing to
operate the dispensary for a period greater than 30 days between
November 1, 2007 and April 2009, according to a city staff report.

According to Fourmy's appeal letter, however, Compassion Center has
"continuously operated" since April 0f 2006.

Fourmy provided the Planning Commission, according to the report,
letters from Total Pharmacy Supply, Pacific Paper Products and Westcom
Credit Union - all to verify that Compassion Center was indeed
operating at the time the Commission alleges it wasn't - yet the
letters were deemed inconclusive in proving continuous operation of
the dispensary.

The Planning Commission also took issue with Fourmy's opening of
another dispensary at 3532 State Street, saying in the report that it
was opened without a permit.

The fact that about 50 pounds - valued at approximately $400,000 - of
marijuana was stolen from the downtown storage facility where Fourmy
stored it, didn't sit well either, leading the Planning Commission to
believe that the drug would go on to be used illegally.

Overall, according to the report, Compassion Center's permit was
denied after the Planning Commission deemed that five out of the
twelve criteria set forth by the Medical Marijuana Dispensary
Ordinance were not adequately met.

If the City Council decides to overturn the permit denial, the
Planning Commission has some suggested stipulations, including
requirements for marijuana storage and an alarm systems permit.

According to Fourmy's appeal letter the city has many reasons to
support Compassion Center.

Open since 2000, Compassion Center, which has remained legally open
during its appeals process, is the only dispensary in California to
employ registered nurses, according to the appeal letter.

The Center's patients, more than 1,000 of which are over the age of
50, rely on the dispensary to treat their conditions, which range from
AIDS, cancer and post-traumatic stress disorder to anorexia,
Alzheimer's and epilepsy.

Calling the dispensary "the very opposite of a nuisance," the appeal
letter also makes note of the Center's support from medical doctors.

"[Compassion Center] has proven to be an excellent resource for mature
patients," said Dr. David Bearman in the appeal letter. "The
environment at [Compassion Center] is as professional as any
physician's office."

Dr. Stephen W. Hosea, the director of Clinical Care at Cottage
Hospital and a specialist in infectious diseases, deemed the
dispensary an "indispensable resource," according to the appeal letter.

Both Drs. Bearman and Hosea appeared in support of Compassion Center
at each of the prior two hearings.

According to the appeal letter, neighbors Smart Marketing, Plaza
Liquors and Happy Little Hippo, a children's clothing store, also
support the Center. The Iyengar Yoga Studio of Santa Barbara, a fellow
neighbor, called the Center "a great neighbor" and a "civilized
establishment," according to the appeal letter.

Customers, too, have leant their support for Compassion Center via
declarations to be read for the City Council meeting on Tuesday.

"If the Center had to close because permit was denied, it would be an
incredible loss to myself and others in pain and discomfort," reads
the declaration of a 63-year-old female customer. "Their medicine is a
lifesaver."

Mayor Helene Schneider said she's looking forward to Tuesday's
meeting.

"Mr. Fourmy has been in business for a long time, and, as far as I'm
concerned, has not been a problem to the immediate neighborhood," she
said. "The question is did this person meet or violate the terms of
the ordinance. That is what we have to look at on Tuesday."