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Stanislaus County passes marijuana ordinance, just in case

by ModBee repost
If the federal government ever decides medical marijuana should be legal, Stanislaus County is ready.
Stanislaus County passes marijuana ordinance, just in case

From The Modesto Bee Newsroom
BEE STAFF REPORTS

Last Updated: May 22, 2007, 03:35:20 PM PDT

If the federal government ever decides medical marijuana should be legal, Stanislaus County is ready.

The county board of supervisors today approved an ordinance to regulate medical marijuana dispensaries - with the stipulation that none will be allowed until they are sanctioned by both the state and federal governments.

While the use of medical marijuana is legal in California, it is against federal law.

Dispensaries have opened around the state, and several cities have banned them.

Assistant County Counsel John Doering said the ordinance should be in place in case the federal government changes its position on medical marijuana use.

The ordinance, which would allow a maximum of five dispensaries in the unincorporated area, was unanimously approved.
by ModBee repost
Pot dispensary rules written for Stanislaus
County wants ordinance in case federal law changes

By TIM MORAN
tmoran [at] modbee.com

Last Updated: May 22, 2007, 04:55:48 AM PDT

Stanislaus County isn't going to allow medical marijuana dispensaries as long as the drug remains illegal under federal law, even if medical marijuana use is legal in California.

But just in case the feds have achange of heart, the county counsel's office is proposing an ordinance setting up rules for the dispensaries.

The federal government and several local law enforcement agencies see marijuana as a "gateway" drug that lures users into the drug culture and harder drugs.

California, following the mandate of its voters, legalized the use of marijuana for medical purposes. Proponents believe the drug eases the symptoms of several serious illnesses and helps cancer patients cope with the nausea and loss of appetite that frequently accompanies chemotherapy.

Local jurisdictions are caught between the two viewpoints. Several cities in Stanislaus County have banned dispensaries either permanently or temporarily, including Modesto, Ceres, Patterson, Oakdale and Waterford.

The proposed Stanislaus County ordinance, governing the unincorporated areas, sets rules for dispensaries that by the ordinance's definition are not allowed.

Assistant County Counsel John Doering explained that should the federal law change, dispensaries are likely to pop up quickly, and the county wants an ordinance on the books to regulate them.

The key features, according to a staff report by the county counsel's office:

Dispensaries are prohibited except as specifically allowed under state and federal law, emphasis on the "and." That means until there is a change in the federal drug laws, no dispensaries.

Dispensaries require a permit, and only one dispensary is allowed in each supervisorial district, for a total of five in the county. No one can hold more than one permit.

The permits are issued only to government entities or nonprofits.

Dispensaries are allowed only in the industrial and commercial zones, and cannot be near special existing uses such as schools and parks.

The sheriff administers the ordinance and issues the permits, similar to the way pawnbrokers, gambling establishments and card rooms are issued permits.

Fees for administration can be charged.

Permits are for two years and can be renewed.

The ordinance will be considered at the Board of Supervisors meeting today at 9 a.m. in the basement chambers of 1010 10th Street.

Bee staff writer Tim Moran can be reached at tmoran [at] modbee.com or 578-2349.
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