MEDICAL MARIJUANA ISSUE MAKES ITS WAY TO FIVE CITIES

Medical marijuana has become a hot topic in many California cities
recently, and the issue is making its way into the Five Cities area.

Originally scheduled for the Arroyo Grande Planning Commission meeting
earlier this week, the question of whether to regulate medical
cannabis dispensaries was put on hold while the city considers further
options.

It will likely go to the City Council for direction on Nov.
7.

Since the state enacted the law allowing medical marijuana, which was
approved by voters as Proposition 215 in 1996, many localities have
scrambled to regulate dispensaries or ban them entirely from their
jurisdictions.

"Cities have been either saying, 'We're not going to allow
distribution centers,' (or) others have looked at zoning issues,"
explained Arroyo Grande Police Chief Rick TerBorch. "The law says
medical marijuana is legal, so it's a question of distribution. They
would zone parts of the city where distribution could be located or
not located, like residential areas."

The confusing part for cities is the lack of clear direction about
which law to follow, state or federal. Medical marijuana is not legal
on the federal level, so local jurisdictions must decide how to handle
that contradiction.

"We're stuck between a rock and a hard place. The people of California
voted in good faith to allow this, and the feds said no," TerBorch
said. "In local government, we acknowledge that we are here to enforce
state and federal law.

"We find ourselves in a very interesting predicament because it's
unsettled law," he continued. "We have gotten very little guidance in
terms of our liabilities or immunities in ignoring federal law and
allowing this initiative to go forward."

The U.S. Supreme Court is scheduled to hear arguments on the issue
Nov. 29 in the case of Ashcroft v. Raich. It may be several months
before a ruling is made. TerBorch said he's eager for the court to
make a decision to at least give the city some direction.

"I hope the Supreme Court decides one way or another to take us out of
the quagmire we're in," TerBorch said. "Cities have not been given the
defined immunities by the feds. Hopefully, the court will make that
clear."

Arroyo Grande has four options to consider, he said. One would be to
put a moratorium on dispensaries until the Supreme Court hands down a
decision. That would be the safest way to go, he said. Another would
be to do nothing and see what happens. A third would be to establish
zoning regulations that would determine where dispensaries could be
located and possibly how many could be open in the city at a time.

The fourth option would be to ban dispensaries entirely within the
city.

"That, obviously, could end up in court, but any of this could end up
in court," TerBorch said.

Grover Beach also plans to take action on the matter sometime
soon.

"That item is going before (the City Council), but it won't be for a
month or so," said City Attorney Martin Koczanowicz. He said he is not
sure yet what the recommended action will be.

Pismo Beach City Manager Kevin Rice said the issue has not yet come up
there.

On Tuesday, the San Luis Obispo City Council voted to put a moratorium
on cannabis dispensaries until the Supreme Court makes its decision.