LEGAL TANGLE STALLS MEDICAL MARIJUANA

A proposal to allow medicinal marijuana dispensaries in Oxnard has
been put on hold because City Council members want to wait until the
courts sort out conflicting state and federal laws.

During a study session Tuesday, council members Dean Maulhardt and
Andres Herrera said they sympathized with the need for dispensaries
and patients who could benefit from medicinal marijuana. But the
entire council expressed concern over the unresolved legal conflicts
and the potential for crime.

California voters approved the Compassionate Use Act in 1996. The law
allows patients suffering from a host of diseases, such as cancer or
AIDS, to use marijuana with a physician's authorization. State
lawmakers also approved a bill in 2003 establishing an identification
card system for medicinal marijuana users.

The U.S. Supreme Court has ruled, however, that federal laws against
all marijuana use take precedence over the state initiative. A San
Diego judge in December ruled that the state law is legal, but San
Diego County, which sued the state over the initiative, has appealed.

That legal standoff, coupled with several negative findings in an
Oxnard city staff report, was enough to deter the council from moving
ahead with an ordinance to allow dispensaries. Council members also
cited the fact that Ventura County has not implemented the ID card
program. County officials are waiting for a legal resolution before
establishing such a system.

The Oxnard staff report found that the city could adequately regulate
dispensaries, but it cited increased crime in cities with them.

"At this juncture, there are too many negative impacts" in allowing
dispensaries, Assistant Police Chief Jason Benites told the council.

Operators of dispensaries often distrust local authorities, Chief
Deputy District Attorney Jeffrey Bennett said during the hearing.
Another problem, Bennett said, is that the marijuana often finds its
way to people who are not legitimate patients. Lisa Schwarz of the
Ventura County Alliance of Medical Marijuana Users disagreed, saying
that less than 5 percent of the state's 400-plus dispensaries are
responsible for crime problems.

The problem is many are run by lifetime pot growers whose only
interest is profit, not patients, said Schwarz, who advocates taxing
marijuana and using the money for increased law enforcement.

"I hope you will look into this further," Schwarz told the council.

Oxnard currently has a two-year interim moratorium on dispensaries.
Maulhardt asked the city's planning and legal staffs to continue
monitoring the issue and report back in November, when the moratorium
is set to expire.