[420 Girl]

Medical marijuana dispensaries will continue to be allowed in Whittier thanks to a 3-2 City Council vote on Tuesday.

The council decided to maintain its current ordinance regulating medical marijuana dispensaries, instead of banning them.

The key vote was Councilman Greg Nordbak, who had voted in April to ask staff to draft an ordinance banning the businesses.

But on Tuesday, Nordbak voted with Mayor Bob Henderson and Councilmen Owen Newcomer in favor of the status quo.

"I made my decision in 2005 based upon compassion," Nordbak said of the then-3-2 vote to pass the ordinance that regulates and restricts dispensaries to a small area near Washington Boulevard.

"I talked to people who use medical marijuana and I believed there was a need for it," he said. "I'm going to stay with my decision in 2005."

Nordbak said he also likes the fact the ordinance the city passed is one of the most restrictive around and isn't worried about any clinics that might open.

"I do think our rules are very restrictive," he said. "I can guarantee you this. I know there are two council members who will keep a clinic's feet to the fire."

Nordbak was referring to Councilman Joe Vinatieri and Councilwoman Cathy Warner, both of whom voted in favor of a ban.

There are no medical marijuana dispensaries in Whittier city, although there are some in nearby unincorporated areas.

However, a Pico Rivera-based nonprofit group, Seventh and Hope, has applied to locate one at 8116 Byron Road, Suite D.

City officials are continuing to process the application.

Vinatieri and Warner gave several reasons for banning such dispensaries, concerns about the law and the belief that dispensaries may create law enforcement problems.

"In my opinion, federal law clearly states this substance is against the law," Warner said. "To me, that's the end of the matter there."

But Newcomer, who had voted against the ordinance in 2005 because he favored a ban, said the legality of such dispensaries has changed since then.

"You have the attorney general saying there is a health exemption and that it respects state rights and won't intervene as long as you're operating within the state laws," he said.

In 1996, California voters approved Proposition 215 allowing marijuana to be used for medical purposes.

In addition, the U.S. Supreme Court recently refused to hear an appeal by San Bernardino and San Diego counties, which argued that federal law outlawing marijuana possession and use pre-empts California law allowing possession and use upon a doctor's recommendation, Newcomer said.

The counties didn't want to issue medical marijuana cards. San Bernardino County officials announced Tuesday they would begin a program in 45 days.

Vinatieri said you can't read anything into why the court didn't take the case.

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