OXNARD BALKS AT DRAFTING MEDICAL MARIJUANA LAW

Oxnard City Council members Tuesday balked at drafting a law to allow
medical marijuana dispensaries to operate.

Council members Dean Maulhardt and Andres Herrera said they were
sympathetic to the idea and needs of patients who could benefit from
medical marijuana. But the entire panel expressed concerns over an
unresolved legal conflict in the use of medical marijuana.

State 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 medical marijuana users.

But the U.S. Supreme Court has ruled that federal law trumps the
state initiative. A San Diego judge in December ruled that the state
law is legal. San Diego County, which sued the state over the
initiative, has appealed.

Still, that legal standoff and lack of resolution by the courts
coupled with several unsavory findings in a staff report was enough
to deter the panel from instructing staff members to draft an
ordinance to allow dispensaries. Another reason was that Ventura
County has not implemented the ID card program yet.

The city's report found that dispensaries could be regulated and fill
a need for patients. But the report also cited increased crime in
cities with dispensaries and many unanswered questions about
regulatory oversight.

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

Several speakers urged the council to allow dispensaries, saying they
could be regulated. Less than 5 percent of the state's 400-plus
dispensaries are responsible for problems, said Lisa Schwarz with the
Ventura County Alliance of Medical Marijuana Users.

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