Lit_Match

D.A. Suggests Supervisors Ban Dispensaries
10-10-07|Bakersfield Californian|By James Burger

Kern County District Attorney Ed Jagels offered two suggestions to Kern County supervisors on the medical marijuana controversy Tuesday morning.

Repeal the county's marijuana dispensary ordinance, he suggested.

Or as a preferred alternative, he said, ban dispensaries, cooperatives and collectives.

State law allows marijuana collectives and cooperatives under strict conditions.

But Jagels argued it is prohibitively difficult to operate a marijuana cooperative or collective that is actually legal under state law.

"It's almost impossible to operate one of these things that is legal," he said.

And dispensaries, like those that closed down recently in Bakersfield, are illegal under federal law, Jagels said.

"I agree with Mr. Jagels. It's nearly impossible to have legal operation," County Counsel Bernard Barmann said.

Supervisors struggled with the consequences of following Jagels' advice.

If they repeal the ordinance, supervisors said, they risk allowing dispensaries to proliferate without government regulation.

Jagels said the county ordinance puts the sheriff, and his office, in a bind when prosecuting violations of the law.

"If I'm in court prosecuting these individuals for distributing marijuana in violation of federal law, one of the things they're going to bring up is, 'I got a permit from the sheriff to do exactly that,'" Jagels said.

He suggested supervisors get rid of the law that permits local dispensaries.

"I do not think we benefit from the cooperative/collective licensing ordinance," Jagels said.

Supervisors asked him if his second recommendation -- banning all collectives and cooperatives -- didn't violate provisions in state law.

The county could "arguably be required to allow a valid cooperative or collective that distributes this stuff," Jagels said.

But other counties have banned those organizations and have not been sued because operating one that is legal under state law is so difficult.

Supervisors took no action on Jagels' recommendations Tuesday.

Barmann said his office will soon come back with another report and ask the supervisors to take an official stance on the issue.

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Donation links to NORML (The National Organization for the Reform of Marijuana Laws) | MPP (Marijuana Policy Project)