DA: MEDICAL MARIJUANA DISPENSARIES SHOULD BE BANNED

Kern County District Attorney Ed Jagels offered two suggestions to
Kern County supervisors on the medical marijuana controversy Tuesday morning.

Repeal the county's marijuana dispensary ordinance, he suggested.

Or as a preferred alternative, he said, ban dispensaries,
cooperatives and collectives.

State law allows marijuana collectives and cooperatives under strict
conditions.

But Jagels argued it is prohibitively difficult to operate a
marijuana cooperative or collective that is actually legal under state law.

"It's almost impossible to operate one of these things that is legal," he said.

And dispensaries, like those that closed down recently in
Bakersfield, are illegal under federal law, Jagels said.

"I agree with Mr. Jagels. It's nearly impossible to have legal
operation," County Counsel Bernard Barmann said.

Supervisors struggled with the consequences of following Jagels' advice.

If they repeal the ordinance, supervisors said, they risk allowing
dispensaries to proliferate without government regulation.

Jagels said the county ordinance puts the sheriff, and his office, in
a bind when prosecuting violations of the law.

"If I'm in court prosecuting these individuals for distributing
marijuana in violation of federal law, one of the things they're
going to bring up is, 'I got a permit from the sheriff to do exactly
that,'" Jagels said.

He suggested supervisors get rid of the law that permits local dispensaries.

"I do not think we benefit from the cooperative/collective licensing
ordinance," Jagels said.

Supervisors asked him if his second recommendation -- banning all
collectives and cooperatives -- didn't violate provisions in state law.

The county could "arguably be required to allow a valid cooperative
or collective that distributes this stuff," Jagels said.

But other counties have banned those organizations and have not been
sued because operating one that is legal under state law is so difficult.

Supervisors took no action on Jagels' recommendations Tuesday.

Barmann said his office will soon come back with another report and
ask the supervisors to take an official stance on the issue.