[420 Girl]

Whittier, CA - In a decision that directly went against the City Council, Planning Commissioners said they see no reason to ban medical marijuana dispensaries.

The council had requested a city ordinance banning such businesses. But the Commission voted 3-1 Monday to recommend no change in the existing law, which allows dispensaries in limited areas.

"It was a really difficult decision," said Commissioner Wes Murray, who was not on the commission three years ago when it approved the existing law. "From a land-use point of view, the ordinance that is in place is sufficient to protect our city."

Murray said he also doesn't see much difference between liquor stores, which are legal, and dispensaries.

"Granted one is dealing with the easing of pain for cancer patients, but we're still looking at two kinds of depressants," he said.

Even with the vote, the issue will eventually have to go before the City Council, most likely in July.

In April, the council by a 3-2 vote asked staff to draft an ordinance banning the medical marijuana dispensaries. Councilmen Owen Newcomer and Bob Henderson were the dissenting votes.

Dispensaries have been legal in California since 1996, when voters approved Proposition 215 allowing marijuana to be used for medical purposes. Marijuana use remains illegal under federal law.

Whittier has no dispensaries, but a Pico Rivera-based nonprofit group has an application with the city to open one at 8116 Byron Road, Unit D, which is near Rivera Road and Washington Boulevard.

Commissioner Eduardo Hernandez, the lone vote in favor of a ban, said he based his decision on research of other cities have done.

"Police departments and police chiefs talked about some of the side effects (of dispensaries)," Hernandez said.

"People weren't there because they had a medical problem but obtained a prescription and were selling pieces (of the marijuana)," he said. "They weren't using the whole thing for medicinal purposes."

Hernandez said he also had concerns about the city's existing ordinance because it would allow the delivery of medical marijuana to someone's home.

Commissioners Fernando Dutra and R.D. McDonnell also voted in favor of the resolution maintaining the status quo.

Commissioner Harry Stone was absent.

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