OXNARD TO CONSIDER MARIJUANA DISPENSARY

Staff Report Cites Need For Establishment

A medical marijuana dispensary could fill a need in Ventura County
for suffering patients while legally operating under state law and
strict local regulations, an Oxnard city staff report says.

But the same report also says that crime increases in communities
where dispensaries operate, and the establishments are still illegal
under federal law, leaving many unanswered questions about oversight.

Oxnard's City Council will consider the report at 7 tonight at City
Hall, 305 W. Third St.

No vote is required. But city officials want feedback from the
council on whether to pursue drafting a law to allow a dispensary.

The city began exploring the issue in November 2005 after a Simi
Valley man who uses medical marijuana asked to open a dispensary in
Oxnard.

Council members approved an interim ban on such establishments and
extended it through this November while city officials examined the
pros and cons of an ordinance regulating dispensaries.

Interest in dispensaries is linked to the California Compassionate
Use Act, approved by state voters in 1996. The law allows people to
use marijuana with a doctor's authorization for illnesses such as
cancer, AIDS and anorexia.

More than 200 dispensaries operate statewide, according to the
National Organization for the Reform of Marijuana Laws. Ventura
County has none so far. Simi Valley enacted a permanent ban on them
in December.

In 2003, state lawmakers approved a bill that established guidelines
for growing plants and a voluntary identification card system for
medical marijuana users. As of April, 26 counties have issued a
total of 12,305 cards, according to the state Department of Health.

Neither the 1996 initiative nor the 2003 bill, however, provides
clear or strong regulations, those on both sides of the debate say.
And the U.S. Supreme Court ruled that federal drug laws making all
marijuana illegal take precedence over the state initiative.

A San Diego judge, however, upheld the state law in December. San
Diego County, which sued over the law, has appealed the case.

City officials left to wonder

All this has left Oxnard city officials befuddled, and tonight's
report suggests that they're not settled on the matter.

On one hand, the report says that allowing dispensaries would protect
the city from lawsuits by people who believe that their rights under
the Compassionate Use Act are being denied. Also, the establishments
would fill a need in the city and county.

At least six people have inquired about establishing a dispensary,
the report says. Medical marijuana users have testified about its
benefits at city hearings, Susan Martin, Oxnard's planning manager,
said Monday.

Also, the city could effectively regulate dispensaries, says the
report, which cites the San Francisco Bay area city of Albany as an
example.

On the other hand, crime is up in some cities where dispensaries
operate, according to the Oxnard report.

Legitimacy an issue

Meanwhile, Ventura County has not adopted the ID card program, which
leaves cities in the lurch when it comes to who is a legitimate user,
Martin said. Just what constitutes a doctor's note is also
troublesome, she said.

"It could be a letter or it could be a piece of paper," Martin said.
"How do you determine if that's a legitimate note?"

The report also raises questions about where dispensaries get their
marijuana and the cost of regulatory oversight.

"The real issue here is the conflict between federal law and state
law," Assistant City Attorney Jim Rupp said Monday.

Lisa Schwarz, a former registered nurse who operates the Ventura
County Alliance of Medical Marijuana Users, called the criticisms
minor. Some dispensaries have problems, Schwarz said, blaming greedy
"pot-trepreneurs" who operate them as "speak-easies."

"The only way it's going to happen is if it's regulated," said
Schwarz, of Camarillo. The city could tax medical marijuana and spend
the money on law enforcement and regulatory costs, she said.

"It should be for qualified patients, not college students with
insomnia and stress," she said.