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Fullerton Blows Down Pot Dispensary Ban
FULLERTON BLOWS DOWN POT DISPENSARY BAN

The Panel Instead Indicates It Will Likely Take Steps to Regulate the Outlets, Becoming the Only Orange County City With Such Regulations.

FULLERTON -- A proposed ban on medical-marijuana dispensaries in the city was defeated by the City Council on Tuesday night, with the panel indicating it will instead establish regulations for the outlets.

If the City Council does indeed vote to regulate the dispensaries, Fullerton would apparently become the only Orange County muncipality with such regulations.

The council voted 3-2, with councilmen Don Bankhead and Dick Jones supporting a ban.

On Feb. 19, the council is scheduled to consider how to regulate the retail outlets; staffers were told to analyze the current requirements and update zoning maps for possible dispensary locations.

"There is no need to have these businesses in Fullerton, but this is a zoning issue," said Councilman Shawn Nelson, who with Mayor Sharon Quirk and Councilwoman Pam Keller agreed California voters supported the dispensaries by a large margin when they adopted Proposition 215 in 1996.

Federal laws prohibit medical-marijuana dispensaries.

The council majority for the vote emphasized they were not in favor of marijuana.

"But we need to stay out of the crossfire ( between the state and federal governments )," Nelson said.

Jones argued it was the council's job to protect citizens, "but we're protecting druggies. Nothing is dispensed by people who are knowledgeable."

"We're inviting an enforcement problem," Bankhead said. "Our Police Department is bound to enforce federal regulations."

Fullerton Police Capt. Greg Mayes said his force has never seen a community dispensary acting in the spirit of state law. "They take advantage for financial gain," he added.

A staff report indicated that 21 Orange County cities have banned dispensaries. More recently, Huntington Beach and Anaheim reversed their approvals.

In an unrelated item, the council gave dancehall operator James Barnum a reprieve from revocation of his conditional use permit.

Citing citizen complaints and municipal code violations, the council imposed 20 conditions for Barnum to keep operating The Alley at 140 W. Wilshire Ave.

Nelson, the sole opponent to allowing the modifications, said the operation is inappropriate for the location. His request for a revocation hearing was denied.




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