SLO Stalls on Medical Pot Sites

City Council Compromises Between Proponents, Who Plead for Approval,
and Opponents, Who Worry About Increased Crime

SAN LUIS OBISPO - After nearly two hours of emotional testimony from
supporters of medical marijuana dispensaries, the San Luis Obispo City
Council decided not to allow them in the city -- for now.

Under Tuesday's ruling, city officials will look into ways to regulate
medical marijuana distribution centers, but facilities are forbidden
from opening in the city until the U.S. Supreme Court rules on the
legality of the drug.

The decision was a compromise involving council members John Ewan and
Christine Mulholland -- who supported allowing the centers -- and Ken
Schwartz, who was unsure. Mayor David Romero and Allen Settle opposed
the measure.

The legality of medical marijuana isn't clear. Californians voted to
allow it in 1996, but the federal government says the drug is illegal
and dangerous.

Despite supporters' emotional testimony, Police Chief Deborah Linden
urged the council to wait until a U.S. Supreme Court ruling on the
issue, expected to be handed down next summer at the latest.

"The conflict between federal and state law has been a nightmare for
law enforcement to deal with," Linden said. "The case before the
Supreme Court will give us the answer" to questions surrounding
medical marijuana.

To supporters of the dispensaries, wait-and-see isn't good
enough.

"If you guys believe in this issue, you should show the federal
government you believe in this issue" by allowing the facility, said
Cal Poly student Eran Tal.

Mulholland was willing to go for the compromise, saying, "Let's hit
the road running when and if the Supreme Court gets it right."

Like 10 other residents -- some of them in tears -- Robert Cox urged
the council to allow the centers.

Cox, a caretaker for two people with severe epilepsy who used medical
marijuana, tried to ease concerns that such dispensaries might incite
crime in the city, saying further action can be taken to address any
problems.

"I ask you to look to your compassionate sides," Cox told the
council.

Cox and others speaking in favor outweighed the three people who spoke
against the dispensaries Tuesday during the City Council's
consideration of the matter.

"The council is simply being asked to implement a mechanism that
provides safe access for patients in the city," said attorney Louis
Koory, who represents clients interested in opening a center.

This was the city's chance to comply with state law, which calls for
legal access for the drug, Koory said.

If the council had voted to allow dispensaries, San Luis Obispo would
have joined Santa Barbara County and cities such as Placerville,
Hayward and Oakland in regulating medical marijuana.

Placerville Police Chief George Nielsen agrees that, legally,
distribution centers fall into a "pretty gray area."

He tells people interested in opening a center that the federal
government could close them down, even though the city allows them to
operate.

He shares some of Linden's worries with the program -- including that
the centers lead to increased crime in other cities.

"I think dispensaries are often abused," Nielsen said.

Linden said the potential for increased crime has her department
concerned.

"We are worried about the impact of this ... on crime in our
community, as well as our staff resources to deal with any problems
that may come from this facility," she said.

But Cox, the caretaker, told the council those worries shouldn't stop
an approval right now.

"It is our responsibility to put in regulations that stop the things
the chief is concerned about," Cox said. "We can do that."

In Santa Barbara, about 60 cancer, AIDS and glaucoma patients have
registered to get a medicinal cannabis card since the county's program
went into effect in July.

"We felt this was important for us to do for the people who really
need medical marijuana," said Susan Frokusch, the director of health
education in Santa Barbara County.

Although their program is working well, Frokusch offers advice to
communities considering regulating medical marijuana.

"It is important ... for the public health department to work closely
with the police department," she said.