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Limits On Medical Marijuana Proposed
Linda Lou | SignOnSanDiego | 02/16/2006

SAN MARCOS – The City Council has taken the first step to prevent any more medical marijuana dispensaries from opening, making the city the first in the county to propose such a ban.

A proposed ordinance does not call for shutting down an existing dispensary, across the street from Alvin Dunn Elementary School, run by San Diego-based Legal Ease Inc.

The future of the San Marcos operation is unclear. Whether it stays open likely will be determined by an ongoing investigation by the Sheriff's Department and the federal Drug Enforcement Administration.

In December, a federal drug agent was able to buy marijuana at the San Marcos site with a fake doctor's recommendation.

The city won't try to close the dispensary if it follows provisions of the state Medical Marijuana Program Act, said City Attorney Helen Peak. The act resulted from Proposition 215, the Compassionate Use Act, approved by voters in 1996.

All four council members present at Tuesday night's meeting supported the ordinance, which will come back for a final vote Feb. 28. If adopted then, it would go into effect 30 days later.

“It's really about stopping the proliferation,” said Councilman Mike Preston. “ . . . I would hate to see any more (marijuana dispensaries) coming.”

The San Marcos dispensary is still in operation. It is kept locked by an attendant during business hours. Two Palomar College students told the council they rely on it.

“It's the only legal source of (marijuana) medication in North County,” said Joe Notar, 20, of Escondido.

Notar said his primary-care doctor at Project Walk, a spinal injury recovery center in Carlsbad, recommended medical marijuana to reduce his muscle spasms. He said he has used it for about two years.

A dirt bike accident three years ago damaged his spinal cord, Notar said. Traditional pain medication left him unable to focus during the day and gave him stomach problems. Notar, who uses a wheelchair, said he is glad he can still buy medical marijuana in San Marcos for now, but he is worried about losing access. It's difficult for wheelchair users to get to downtown San Diego or Los Angeles, other places that have medical marijuana suppliers, he said.

“No place could fill in,” said Notar, who added that having just one dispensary in North County would be sufficient.

Notar said the council should have waited until the investigation of Legal Ease is finished before deciding to clamp down on medical marijuana dispensaries.

“I think they made that decision thinking LEI will get shut down,” he said.

Legal Ease's attorney, Henry Friesen, told the council that his company wants to work with the city to develop specific regulations and has no problems with the ordinance.

Four speakers who support the ordinance cited various statistics and dangers of using marijuana, and said the benefits of marijuana use for medical purposes need to be proven scientifically.

Two law enforcement officials also spoke briefly. Sgt. Gary Floyd of the Sheriff's Department said an undercover investigation was done after he learned about Legal Ease's existence in San Marcos. Floyd, in charge of the street narcotics and gangs unit in San Marcos, said he wanted to test how easy it was to buy the drug.

Bill Sherman, assistant special agent in charge of the DEA's San Diego division, said his department's stance is that there is no medical marijuana. The drug violates the federal controlled substances act, Sherman said.

At the meeting, there was also much discussion about the disconnect between federal and state laws on the issue of medical marijuana. Under federal law, marijuana is an illegal controlled substance. The state's Compassionate Use Act allows the medical use of marijuana by people with doctors' recommendations. It also exempts doctors who recommend marijuana for medical use, qualified patients and their primary caregivers from criminal laws and punishment.

There is gray area regarding medical marijuana dispensaries, Peak said, and there is doubt about whether dispensaries get the same protections.

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