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Old 07-10-2009, 03:44 PM
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Default City Puts Brake On Medical Pot Clubs

The medical marijuana controversy that has affected many communities has arrived in Escondido.

Resident Stephen Wheeler, 56, applied in June for a license to operate a nonprofit collective that would deliver medical marijuana to members in inland North County.

Meanwhile, several people have called the city to ask about the use of medical marijuana.

City officials became concerned because Escondido does not have regulations dealing with medical marijuana.

This week, the city attorney asked the City Council for a 45-day moratorium on medical marijuana dispensaries so city staff members can research Escondido's options.

They include changing the zoning code to ban dispensaries or allowing them to open and regulating them.

The council discussion Wednesday night was short. Wheeler urged council members to be compassionate toward patients who use marijuana to ease pain.

Mary Anne Dijak, a substance-abuse prevention advocate, asked the council to ban medical marijuana.

Councilman Dick Daniels recited a list of law enforcement problems accompanying marijuana dispensaries – illegal drug sales and robbery near the dispensaries, marijuana users driving under the influence and transferring the drug illegally to people who do not have a doctor's permission to use it.

“I have a very high skepticism about allowing the use of an illegal substance,” Daniels said.

Councilman Sam Abed said he was sympathetic toward patients but was concerned the rest of the community would be exposed to it.

“This is an emotional issue, a complex issue,” Abed said.

Councilwoman Olga Diaz said she did not know enough about the issue to comment, but said she will study it.

The council then voted 4-0 to approve the moratorium. Councilwoman Marie Waldron was absent.

Wheeler later said he wants to operate his business out of an industrial area in the city, and he is not asking to open a dispensary. His business would be limited to storing marijuana and delivering it to eligible patients.

“There will be zero transaction there,” Wheeler said. “My patients will pay cash or with a credit card at the time of delivery.”

Although marijuana is illegal under federal law, state law permits its use, as long as a doctor recommends it.

In 2004, the state Legislature required the California Department of Health Services to issue medical-marijuana identification cards to qualified patients or their primary caregivers.

In 2005, San Diego County challenged the legislation, but lost in May when the U.S. Supreme Court declined to hear the county's appeal.

This month, the county began issuing identification cards. At the same time, it started drafting legislation to ban dispensaries.

San Marcos, Vista and Temecula already have banned medical marijuana dispensaries.

In Oceanside, the City Council imposed a moratorium on dispensaries in May after a doctor expressed interest in opening one.

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