[420 Girl]

After several calls expressing interest in opening a medical marijuana dispensary in Atascadero, the City Council on Tuesday could move to ban them temporarily before any potential proprietors file permits.

That would reverse a 2006 city ordinance that would allow a dispensary in Atascadero.

City staff is recommending that an urgency ordinance be adopted by the council to place a temporary 45-day moratorium. Current law allows just one dispensary and bars it from being within 1,000 feet of a school, church or park.

Though studies have found some benefits of marijuana use in treating certain medical conditions, law enforcement interests in San Luis Obispo County and elsewhere have traditionally lobbied against it — claiming it contributes to crime or is used as a cover for illegal nonmedical use.

The urgency ordinance is needed, City Manager Wade McKinney said, to begin the moratorium immediately, unlike a traditional ordinance that would require further study and public hearings.

McKinney said several calls of inquiry about medical marijuana dispensaries have been made to the city recently, but no conditional use permits have been requested.

“If we raise the issue and say we are going to study it, it might create a run on filing medical marijuana permits,” McKinney said. “Instead of providing an open season, we could start the moratorium immediately.”

Paso Robles, Morro Bay, Pismo Beach and Grover Beach have permanent or temporary bans of dispensaries.

In 1996, California voters approved Proposition 215, which allows the use of medical marijuana under certain circumstances.

But it’s still illegal under federal law, though U.S. Attorney General Eric Holder has said that the Justice Department would no longer prosecute medical marijuana dispensaries as long as they follow their state’s laws.

City administrators are asking for time so the city attorney could study the conflict between the state and federal law and for planning staff to further analyze whether there are potential ill effects a dispensary could have on the community, according to a staff report.

“We don’t want this issue to come up out of the blue,” McKinney said.

Four of the five council members must vote in favor of the temporary ban for the urgency ordinance to pass.

If passed, an additional report, including the option of a 10-month ban, must be presented to the council before the end of the 45-day ban.

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