2010-03-11 / Front Page

Dispensary ban extended

BY JILL BALLINGER GAZETTE EDITOR

The Mariposa County Board of Supervisors made it impossible for a marijuana dispensary to open here for at the least the next 10 months. The action came as an extension to an earlier emergency ordinance at Tuesday’s regular meeting.

The board unanimously adopted an extensions to the urgency ordinance which was adopted on Jan. 26, that defines medical marijuana dispensaries and prohibits their establishment. The extension is effective March 12 and will expire in 10 months and 15 days.

According to the board item submitted by County Counsel Steve Dahlem, existing County zoning regulations do not provide for location and regulation of medical marijuana dispensaries. Mariposa County has, according to Dahlem, received inquiries from parties seeking to open medical marijuana dispensaries here. “Without sufficient regulations, standards, procedures and thresholds which are enforceable pursuant to an adopted ordinance, there are potentially detrimental effects to the health, safety and welfare of the community,” Dahlem wrote.

During Tuesday’s public hearing, Board Chairman Kevin Cann asked Planning Director Kris Shenk what the board can really expect in the process that begins with the urgency ordinance.

Shenk said it would take about six months to prepare a staff report on how other jurisdictions are handling the issue. “It’s appropriate to have as much information as to how other communities are dealing with it,” he told the board. He expects to bring the matter back to the board in the fall.

Supervisor Lyle Turpin said he wouldn’t want this process to interrupt other business that planning has. Shenk said he doesn’t want the process to “derail” any other issue in his department, and explained that the urgency ordinance could be extended for another year, if necessary.

Supervisor Jim Allen said going through the process is necessary. “I hate to utilize staff time, but I am very concerned in regard to legal challenges,” he said.

Dahlem said no matter the outcome, the process still needs to be followed. “Even if it’s a thumbs-down right out of the gate, it still has to go through the process,” he explained to the board.

Sheriff Brian Muller said extending the ordinance is appropriate, but pending state propositions could “change drastically” the current law. “The board taking action to avoid future litigation is probably the prudent thing to do,” Muller said.

The sheriff said that jurisdictions that previously allowed for dispensaries are now trying to shut them down because they are operating outside the law.

“Law enforcement is finding that dispensaries are being operated not by care givers and for profit,” the sheriff said. California’s Compassionate Use Law allows for medical marijuana to be purchased by persons with a prescription and their care givers.

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This would send the wrong

This would send the wrong message to our children, I am totally against it. Why would anyone open a drug shop anyway, from what I have seen, many people in this town grow this junk themself. We all ready have a body piercing and tattoo business in this town , what are we becoming? Another waste-land unfriendly to families.

We already have "drug shops"

We already have "drug shops" in Mariposa. They are called pharmacies. They dispense thousands of psychoactive, highly addictive, dangerous drugs(morphine, codeine, cocaine etc.) everyday to the residents of this town. Many of these drugs are later found to be damaging. Profits made from the illnesses of our citizens are enormous. I too buy prescription drugs from these businesses and would never think they should be illegal. However, natural remedies are usually superior in effect and less toxic to the body. The idea of the 60's hippie smoking pot has prevailed in many peoples minds and they just can't get past that. But...it's 2010. If people find peace from pain or whatever ails them, let them have it. And many times they can't grow it themselves and that's where the dispensary comes in. Please don't let your antiquated thoughts prevent them from getting the medicine they require and hope that a loved one of yours never needs that medicine.

And I would bet the body

And I would bet the body piercing and tattoo shop are next. How about the liquor stores and wineries? Should we ban them too? That makes more sense. Then we can turn our efforts towards the cigarette shop. You probably partake in the products of these businesses and you are denying others the same privilege. Things in life change but when we deny a lawful enterprise, what have we become? Family friendly?

It is typical for the board

It is typical for the board to see what other counties are doing before they make a decision. In the mean time, collectives are forming all over the county and this effectively bypasses any future decisions the board will make about dispensaries because the collectives make them irrelevant. Any person can join a collective and get medical marijuana so the act of "dispensing"(which the board can't seem to define) will now occur in private residences and is already protected by law. The bottom line is that there will be no tax revenue now. It is also typical that law enforcement is misinformed again according to the article. There is no "prescription" for medical marijuana, it is simply a recommendation from your doctor. This is just another example of the rampant misinformation that the board is using to make decisions.

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