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Delay on pot clinics is on table

Officials will next session weigh the implications of allowing marijuana dispensaries in city.

September 15, 2009|By Melanie Hicken

CITY HALL — The City Council on Tuesday introduced an ordinance that, if approved next week, would set a 45-day moratorium on medical marijuana dispensaries within Glendale.

The move, which was expected, comes as medical marijuana advocates push for legalization as a solution to California’s budget woes while some cities fight to keep the dispensaries out.

Medical marijuana dispensaries are prohibited under the city’s zoning codes, but city officials proposed the moratorium to completely close Glendale’s borders to the shops until the City Council can make a decision on how to wade through what is becoming a complicated legal landscape at the state and federal level.

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“We are [introducing] a moratorium tonight to give the City Council more time to look at the implications of either banning or allowing medical marijuana dispensaries,” Councilwoman Laura Friedman said.

The moratorium would take effect immediately if it’s approved next week. Under state law, the moratorium can be extended up to two years.

There are no dispensaries within city limits, but city officials said interest has increased recently. What had been a couple of inquiries a year has turned into several within the last few months, they said.

The outside interest and evolving legal landscape led officials to propose the moratorium so they could study the legal issues swirling around the controversial businesses and bring back recommendations to the council.

A major issue is the conflict between state law, which allows for the use of small amounts of medically prescribed marijuana, and federal law, which bans it.

The legal ambiguity has meant complications in court for several Southland cities that have tried to explicitly ban all medical marijuana dispensaries outright. The results of those cases will be followed closely by city attorneys, said City Atty. Scott Howard.

“The good news is Glendale is not at the forefront of this issue,” he said.

Meanwhile, Oakland residents on July 21 voted overwhelmingly to levy an $18 tax per $1,000 of medical marijuana sold. A week earlier, a Los Angeles city councilwoman proposed consideration of a similar tax. And a proposed state ballot measure would move the tax statewide, allowing those 21 and older to possess up to an ounce of pot, although it still needs more than 430,000 signatures to qualify for the November ballot.

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