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| Medical marijuana shops banned againat relay |
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| Written by John Saiz / Patterson Irrigator / | |
| Wednesday, 14 May 2008 | |
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“It’s a uniform ordinance being adopted throughout the state of California.” — George Logan Patterson city attorney Medical marijuana dispensaries, which are legal under California law but illegal under federal law, may not operate in Patterson following a 5-0 vote May 6 by the Patterson City Council. With little conversation, the council made permanent a temporary ban it imposed about a year ago. The zoning laws the council passed require all businesses within city limits to follow federal law. “Any land use in the city must comply with (local, state and federal) law,” Patterson Police Chief Tyrone Spencer said. In a report to the council, Spencer said chances are unlikely that the federal government would make medical marijuana legal, so the rules constitute all but an outright ban. The Federal Bureau of Investigation suggested the wording, Spencer said. “It’s a uniform ordinance being adopted throughout the state of California,” City Attorney George Logan said. Spencer said requiring businesses to comply with federal law, instead of simply banning dispensaries, puts the city on stronger legal footing. “(Medical marijuana) proponents face a tougher test in court,” he said. In April 2007, the council established a temporary moratorium on dispensaries. Spencer recommended it as a precautionary measure, though no one had ever asked to set up a medical marijuana shop in town. The council extended the moratorium several times to keep it in place for about a year. State law prevents the council from extending the moratorium any further, so Spencer proposed the new rules. No one has yet tried to open a dispensary in Patterson, Spencer said. Medical marijuana has been legal under California law since voters passed Proposition 215 in 1996. However, the proposition did nothing to change the federal ban on marijuana. A U.S. Supreme Court decision in 2005 affirmed that the federal government has the right to prosecute people using and growing marijuana for medicinal purposes, regardless of state law. Since the passage of Proposition 215, local jurisdictions have been figuring out how to deal with the conflicting rules. Some cities, like San Francisco, have tried to regulate the business by issuing licenses. Other cities, like Modesto, have banned them outright and used local law enforcement to build federal cases against dispensaries. To reach John Saiz at the Irrigator, call 892-6187 or e-mail him at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
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