Los Gatos to Ban Medical Pot Dispensaries

Medical marijuana dispensaries are on the verge of being banned in Los Gatos after the unanimously approved a proposed ordinance Monday evening.

The controversial dispensaries are allowed in some municipalities since California voters approved Proposition 215, the Compassionate Use Act, in 1996.

According to a staff report on the issue, the act “ensures that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate” with physician consent.

Consequently, law enforcement has left the decision to the cities to determine whether medical pot dispensaries are working within the law, since they believe that a majority of cardholders do not have serious injuries as they should.

On Oct. 5, 2009, the town started moratoriums prohibiting the establishment and operation of such dispensaries. The current moratorium expires Oct. 5.

Los Gatos Community Development Director Wendie Rooney believes that the reason for the contradiction between the town's law and state law originates from a contradiction between state law and federal law. “Federal law still designates marijuana whether it's medical marijuana or not as being an illegal substance,” Rooney said.

However, those with a need for the substance can still get it from areas that are close by, but still outside of the town. “I think for the medical marijuana community, they're in a better situation than most jurisdictions because there is availability of dispensaries within a close proximity of the town. Within three miles of the town, there are six dispensaries that are in San Jose,” added Rooney.

Rooney says the Council hopes to adopt the ordinance on Aug. 15.