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Old 08-06-2009, 01:36 AM
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Default Whittier Planning Commission Seeks Limit On Dosage For Proposed Dispensary

Planning commissioners want to see if they can limit how much marijuana a medical dispensary can sell before giving their approval for one to open.

The commission Monday voted unanimously to continue the hearing until Aug. 17 after asking city planning staff to see if they legally can limit dosages.

"Can we limit the amount?" asked Commissioner Harry Stone.

"Do we have that power?" Stone asked. "If we have some control over the amount, do we have any information on what would be a reasonable amount? Can we have the doctor include the reasonable amount (on the recommendation of medical marijuana for the patient)?"

The questions came after the commission reviewed a request for a conditional-use permit to open a dispensary at 8116 Byron Road, Suite D. The request came from one Whittier and two Pico Rivera residents, who established a nonprofit group called Seventh and Hope.

Commissioner R.D. McDonnell asked for some kind of limits on amounts that can be sold because there are no regulations - like the ones doctors have on prescriptions.

"When it comes to a regular pharmacy, we rely on doctors to give out legitimate prescriptions that will have a certain set of doses," McDonnell said. "Pharmacists will recognize if someone is overprescribing. It appears that we don't have that control right now."

Katherine Clifton, attorney for Seventh and Hope, said she doesn't believe the city has the legal right to limit dosages.

"They're wanting to police something they don't have the authority to," Clifton said.

Clifton said Proposition 215 - approved by voters in 1996 - and the legislation implementing the bill allow each member of the collective to possess no more than 8 ounces of dried marijuana or no more than six mature or 12 immature marijuana plants.

Still, Robert Ortiz of Pico Rivera, who helped form the nonprofit group, said he's willing to live with whatever the commission decides.

"Still, it will be difficult to come up with a medically acceptable dose because of the lack of research," Ortiz said.

Ortiz formed Seventh and Hope with his mother, Dolores Enriquez of Pico Rivera, and friend, Sandra Newby of Whittier.

Commissioner Fernando Dutra, who also supported a limit on the quantity, said he thought the 44 conditions were appropriate.

"The conditions have been well written," he said.

The proposed conditional-use permit has 44 conditions, limiting time of operation; requiring a licensed uniformed security guard and a video surveillance system.

In addition, no employee should have been convicted of a felony.

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