[420 Girl]

The city is considering adopting a temporary ban on medical marijuana dispensaries.

No such establishments now exist in Loma Linda, but officials have received several inquiries from prospective marijuana dispensary operators. At least one person has told city staff members that he intends to open a dispensary whether or not the city allows it.

In response, City Attorney Richard Holdaway recommends that the City Council pass an urgency measure prohibiting medical marijuana dispensaries for 45 days.

The measure, which would take effect immediately if approved, requires a four-fifths vote of the council.

The council is expected to discuss the issue at 7 p.m. tonight.

The ordinance can be extended by the council for up to 10 months and 15 days, and a second time for up to one additional year.

A temporary ban would give staffers time to study the issue and come up with recommendations whether to permit dispensaries or ban them outright.

In 1996, California voters passed Prop. 215, which allows the use of marijuana for medical purposes.

As a result, several cities have adopted provisions allowing "qualified patients" and "primary caregivers" to obtain marijuana for medical use from permitted dispensaries.

Councilman Floyd Petersen said the city may be powerless from prohibiting marijuana dispensaries if they're legal in the state.

"I still have to hear what our attorney has to say about it," Petersen said, "but I'm certain we're going to have to have at least zoning for it somewhere at some point. It's just like adult entertainment or anything else. You can zone it, but you can't exclude it."

In a report to the council, Holdaway said the city's Municipal Code is silent on marijuana dispensaries. Since its zoning ordinance does not expressly permit them, the city has taken the position that they are not allowed because they are not classified as a defined use. Dispensaries are also illegal under federal law, he noted.

Cities that have allowed dispensaries have reported increases in loitering, illegal drug activity, burglaries, robberies and other criminal activity, according to an April report by the California Police Chiefs Association.

If allowed to operate in Loma linda without appropriate staff review, dispensaries could "result in irreversible incompatibility and adverse impacts on residents, businesses and neighborhoods," according to Holdaway.

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