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Atascadero considers temporary moratorium on medical marijuana dispensaries
09/08/09 | KSBY.com | Amber Lee

One Central Coast city tries to nip a controversy in the bud by introducing an ordinance.

The city of Atascadero will discuss medical marijuana facilities at Tuesday's City Council meeting.

Council members will consider whether or not to adopt an ordinance that will place a temporary moratorium on dispensaries. The 45-day moratorium will give the city time to consider making changes to the ordinance or not.

More than a decade after California voters approved the use of medical marijuana, the unsettled conflict between state and federal law has been an issue. So to try and avoid these concerns, the city of Atascadero is proposing an ordinance as a solution.

It's a controversy that has many on both sides talking.

"I'm currently in favor of having marijuana to those available in need for health purposes," said Joe Didomenico, a supporter of marijuana dispensaries.

"I think that Atascadero is worried about...the nototriety and the problems it might bring," said Patrick Lynch, who opposes dispensaries.

These problems center around marijuana - a word that comes up frequently these days in city council meetings around the state.

In 2003, a Senate bill was passed to allow cities to enact rules and regulations with regard to medicinal marijuana as long as it followed state laws. However, state and federal laws don't mix.

"Given the conflict between state law and federal law, that's one of the reasons that we're looking at it now," said Brian Pierik, attorney for the city of Atascadero.

Earlier this year, Charles Lynch, a former medical marijuana dispensary owner of Morro Bay, made the national spotlight after he was sentenced to one year and one day in prison. He was convicted of five federal counts related to his business.

To be safe, the city of Atascadero wants this opportunity, if the ordinance is passed, to explore more into the subject with a 45-day moratorium.

"At this point we're just considering the ordinance and what our legal options are going to be for the future," said Pierik.

To pass the ordinance, a four-fifths vote is required by the City Council Tuesday.

If the ordinance is adopted, council members will receive an additional staff report 10 days before the moratorium expires. This will allow members a chance to decide if any further action needs to be taken, actions that could extend the moratorium to almost a year.

The Atascadero City Council meeting begins Tuesday, September 8, 2009 at 7:00 p.m.

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