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Medicinal
pot ban overturned
Supervisors to regulate county
dispensaries
By Troy Anderson, Staff Writer
A decade after
California voters legalized medical marijuana, Los
Angeles County supervisors voted 4-1 Tuesday to regulate
dispensaries in unincorporated areas, effectively
lifting a countywide ban on the facilities.
Dozens of medical marijuana advocates hailed the vote as
they gathered in the rain outside the Hall of
Administration and some lighted up marijuana cigarettes.
Advocates said that even despite the ban, dozens of
dispensaries have been operating throughout the county,
including about 20 in the San Fernando Valley.
"It's
difficult to know how many are up and running now,"
said Pasadena attorney Scott H. Linden, who said he has
helped many of the dispensaries open. "Everybody
has been scared to come forward.
"Hopefully, that's a big part of this (vote) to not
be scared to come forward and say, 'This is what we're
doing.' Stand out in the open."
California voters approved medicinal-marijuana usage in
1996 and the Legislature approved guidelines for usage
in 2003. The law allows people with serious illnesses
such as AIDS, cancer, arthritis and glaucoma to obtain
prescriptions and use marijuana without being subject to
prosecution under state law.
But the federal government does not recognize the state
law and while the county can authorize establishment and
operation of dispensaries, dispensary operators and
employees could be subject to federal prosecution.
The state law encouraged cities and counties to adopt
plans for the "safe and affordable"
distribution of marijuana.
Last May, the supervisors directed officials to study
developing regulations regarding dispensaries to ensure
that they are in areas that will allow for the safe
distribution and use of marijuana and drug
paraphernalia.
Under the new rules, dispensaries must obtain valid
business licenses to operate. They also must obtain
minor conditional-use permits to operate in commercial,
industrial and residential zones.
The dispensaries cannot be within 1,000 feet of schools,
youth facilities, churches and parks, and must have
signs, adequate lighting, a security system and guards.
The dispensaries can provide customers with edible
marijuana and customers can smoke marijuana on the site
as long as there is a separate well-ventilated room.
They also must distribute the owners' name and emergency
contact phone number to neighbors in case of problems. A
public hearing before the Regional Planning Commission
will be held if two or more nearby property owners
protest.
Supervisor Michael D. Antonovich cast the sole
dissenting vote, noting he wanted the hearings before
the Board of Supervisors.
"We have an opportunity to allow the community to
be involved in deciding the impact on them,"
Antonovich said. "To have it decided by a
non-elected body does not allow the community to be
engaged.
"To have a very sensitive issue applied to a
community neighborhood, you ought to be able to appeal
to an elected body for a hearing." The supervisors
sought to regulate the dispensaries after sheriff's and
health officials reported that some have been the sites
of illegal activities.
County Supervisor Zev Yaroslavsky said he has friends
and family members whose quality of life has been
radically improved by using medical marijuana.
"People who now understand fully what this can mean
- the difference between a torturous life, and in some
cases final days and final months, and being able to
handle life - I think anybody who has seen that would
not want to put a roadblock in anybody's way,"
Yaroslavsky said.
Troy Anderson, (213) 974-8985
troy.anderson@dailynews.com
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