WILL MARIJUANA ADVOCATES' PLAN GO UP IN SMOKE?

Staff Recommends Commission Deny Medical Marijuana Dispensaries'
Proposal

If Hesperia Planning Commissioners vote as staff recommends on
Thursday, the medical marijuana dispensaries proposal by the West
Coast Patients Group could become a distant pipe dream.

But at previous meetings, several of the five-member commission
expressed mixed feelings about the issue. They noted that they knew
people with serious health conditions who were helped by smoking
medicinal marijuana. Only vice-chair Bill Muller's comments appeared
to lean against allowing the dispensaries.

"There's much more at stake," Muller said. "We have to look at the
community at large."

The group contends that the Compassionate Use Act of 1996 and Senate
Bill 420 mandate the city allow dispensaries. But, the staff report
states, "The laws do not prohibit a jurisdiction from regulating or
restricting the establishment of these facilities."

While the proposed ordinance provides safeguards such as limiting the
number of dispensaries and their proximity to schools and day care
facilities, city staff contend the proposal "does not provide
regulations on how to address facilities that have been established
illegally. ..."

Although Hesperia has received "a large number of requests" to
establish dispensaries, some of the requests have not included
complete information, including a lack of business addresses.
"Therefore, it is suspected that many more operate from residential
properties," according to the report.

Of the 24 incorporated cities and towns within San Bernardino County,
four - Barstow, Big Bear, Loma Linda and Needles - have moratoria on
allowing medical marijuana dispensaries. Twenty town and city councils
have voted to permanently prohibit dispensaries. They include
Victorville, Adelanto and Apple Valley, according to the report.

A total of 27 dispensaries are operating illegally in the Victor
Valley with 11 in Hesperia, nine in Victorville and six in Apple
Valley. Three have popped up in Hesperia since March, the report stated.

Medical marijuana advocates have made emotional pleas at earlier
Planning Commission meetings.

"All I want is safe access," Hesperia resident Tim McNamara said in
April.

"Now I'm down to one pill a day since I've been on medicinal
marijuana," said a man in a wheelchair. "We need this in our town."

Kevin Sutman, a Hesperia resident who has acted as group spokesman,
urged commissioners to look at all of the facts before making their
decision.

"I just want to make sure you guys keep an open mind," Sutman
said.

Vice-chair Bill Muller said he preferred the state authorize medical
marijuana dispensation via contentional doctor prescriptions.

Commissioner Julie Jensen spoke about how cancer, whose symptoms can
be relieved with marijuana, has affected her family.

Commissioner Paul Russ said he was sympathetic to those with health
problems seeking marijuana as a solution.

Chairman Chris Elvert, a sheriff's deputy, said the Sheriff's
Department currently is not pursuing out-of-compliance medical
marijuana dispensaries.

Commissioner Bill Jensen requested city staff provide additional
information.

"This is a real touchy situation, you guys," Jensen
said.

The Hesperia Planning Commission will meet at 6:30 p.m. on Thursday,
July 14 at City Council Chambers, 9700 Seventh Ave., Hesperia.