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Poway City Council Extends Marijuana Dispensary Ban

The City Council on Friday unanimously approved an additional 10-month ban on dispensaries in the city.

The Poway City Council on Friday voted to extend an ordinance temporarily prohibiting the establishment of medical marijuana dispensaries, collectives and cooperatives.

The ordinance, which was approved by a 5-0 vote, gives city staff an additional 10 months and 15 days to study land-use zones for the possible establishment of the businesses.


City Attorney Morgan L. Foley said staff may or may not need the full 10 months to complete the study, but “just to be safe” they were asking for the maximum time. The initial urgency ordinance, approved July 6, was only valid for 45 days.

Now staff have another 10 months for research, but some Powegians say they’ve had long enough.

“This should have been an action item when the law was passed. Actions should have been done, preparations made,” resident Pete Neild said to the council, referring to California's Compassionate Use Act enacted in 1996 to legalize medical marijuana use.

The moratorium ordinance comes after a businessman was denied a permit to establish a medical marijuana dispensary in the city of Poway in April.

Resident Kyle Shean, in addressing the council, said the city has had 15 years to research medical marijuana use and shouldn’t be “jumping around to regulate it” now that someone is seeking a permit for a dispensary.

But some people welcomed the extra time to research the issue. Others went further to push for a permanent ban.

Will Cheesman, who lives in Carmel Mountain Ranch in San Diego, said he’s seen what dispensaries have done in San Diego and he doesn't want that influence to spread to Poway. Cheesman, who said he has a young son, said the presence of dispensaries would encourage children to use marijuana.

Councilman Dave Grosch, in voting to extend the ban, said protecting kids is a top priority in the city of Poway.

Two local parents offered different perspectives on how marijuana has affected their children.

There was Sherrie Rubin, whose 29-year-old son Aaron, a graduate, overdosed on Oxycontin in 2005 and is now a quadriplegic. Rubin guided her son through a series of questions where he, by holding up one finger for yes and two fingers for no, said he doesn’t think kids should use marijuana. Aaron Rubin also indicated that, contrary to some people’s assertion that marijuana doesn’t cause as much damage as alcohol, he had driven a car and crashed while high on marijuana.

But then there was Leslie Vanslager, an emergency room nurse who said medical marijuana helped someone she knows overcome alcoholism. Not a shift goes by without someone coming into the hospital with a major alcohol-related issue, she said.

“Marijuana—not so much,” Vanslager said, adding that though she wouldn’t use it herself, she wants to uphold the right for others to do so.

Others, such as Neild, said medical marijuana should be available to military members returning from the war with medical issues.

Deputy Mayor Jim Cunningham agreed.

“I agree access is very important, especially to our soldiers coming back,” Cunningham said.

But access doesn't have to come from Poway, Cunningham said, citing the presence of a dispensary in Rancho Bernardo.

“That provides great solace to me,” Cunningham said of the close proximity of the RB dispensary.

Council members urged city staff to conduct their research quickly so a permanent solution can be found.

The meeting was adjourned in honor of San Diego police officer Jeremy Henwood, who was shot and killed last weekend while in his patrol car. A funeral service for the slain officer was held in San Diego earlier Friday.

Local Editor Hoa Quách contributed to this report.

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Status Quo March 30, 2013 at 08:26 pm
Ken' "since most of the pro-active sports organizations (ASA (softball), AYSO, and LittleRead More League) have been doing it for years." "The only thing is that it won't stop those that have not been caught yet." Right up front, this is not attack of your insider view... however you make excellent case of the dubious nature of Mr. Maienschein's efforts. The organization you umpire, is already pro-active(if no perpetrators have been present within the org.) and legislation is an interference. Although the Assemblyman shares my Party affiliation as Republican, his legislation is a Progressive trojan-horse adding a layer of expansive over-governance. Ken, will his legislation improve the efficacy of background checks? Will it force lesser pro-active or ill-financed organizations to fold? Although I align myself with Scott Nelson's bottom line and sentiments, quite reticent to believe "local governments/state governments are willing to provide and pay for" anything themselves. For it is you and me, not legislators or governance that pays for programs such as these. I have found Government, highly inefficient and bad stewards of the interests of our children. In the interest of efficiency, I am quite confident in order to coach his daughter's soccer team he has passed his background check... and quite willing under my added mandate, to allow his check to suffice for legislative service as compliant.
Ken Mosley March 30, 2013 at 04:03 pm
Being an umpire of youth sports for nearly 40 years, I am all in favor of this, since most of theRead More pro-active sports organizations (ASA (softball), AYSO, and Little League) have been doing it for years. I am charged a fee by the organizations that I choose to officiate to cover the costs of this background check. I support knowing that the service that help to provide will not be tainted by those who have already been found to mis-behave with children. The only thing is that it won't stop those that have not been caught yet. It is a sad state of affairs that we have to do this, but it's because it's for our kids that we must.
Scott Nelson March 30, 2013 at 10:42 am
Having run a youth basketball league with close to 1,000 kids for 3 years, I can tell you that whileRead More the idea has some merit, the costs and time associated with it are enormous. If the local governments/state governments are willing to provide and pay for the mechanism to do this- great. If not, should be the responsibility of the parents to not just drop their kids and leave them for hours at a time, but actually perhaps stay for practices or heaven forbid actually help and participate to insure that everything is fine in THEIR children's environment.....A little personal responsibility for their own kids would be a new concept to a lot of parents...
Kathy April 19, 2013 at 02:40 pm
Well Colleen O'Connor, I have a daughter in the California system, and am appalled at yourRead More statements...Are you that blind. Did you write that and smile, patting yourself on the back at how 'stand up' and 'righteous' you are. Yes, instead of just going to visit, why don't you try spending a week, a month, more in the system...you think walking thru will give you an idea about how the treatment is. You won't even see the truth, even going for a surprise visit. I too do not condone the crimes, but you in your judgemental mindset have no idea. Yes, they made bad choices, but it does not make them all bad people, I agree the promotions to DA's should be more on the rehabilitation rate, rather than the number they interject into the system. Sad, your article is so sad. Think of the families of the incarcerated and how your comments can affect them as well as tjhe incarcerated, who already have their own guilt to bear, their own hurt, you have no idea how hard it is to be away from family, every movement controlled, missing births, deaths, children growing up. You don't think so many of them are sick at the situation they got themselves into? Do you not even have compassion as a person. You never expect it to happen to your loved one, my daughter was a working soccer mom, a devoted wife & mother, a loving person with a huge heart. Not everyone is evil or bad, they just made a bad choice. I agree, is the Gov. above the law cause he has a title??? Think about it.
aprillacy32@yahoo.com April 19, 2013 at 02:23 pm
Mike you are spot on this is what I have been saying and trying to get them listen CDCR, my teacherRead More and I were just discussing how lifers are the only inmates offered rehabilitation which makes no sense at all to me when a man serving 5 or 10 who will be getting out does not receive rehabilitation this is a cycle that is repeating it's self and there are so many family's kid's who need there parent's this has a far greater impact on our community in so many way's and different level's that we have to find a solution
mike April 19, 2013 at 03:02 am
The prison industry complex is one of the fastest-growing industries in the United States and itsRead More investors are on Wall Street. “This multi-million-dollar industry has its own trade exhibitions, conventions, websites, and mail-order/Internet catalogs. It also has direct advertising campaigns, architecture companies, construction companies, investment houses on Wall Street, plumbing supply companies, food supply companies, armed security, and padded cells in a large variety of colors.”. This country is in a state of lock em up and forget, until it hits your family or friends. I'm am in no way condoning the crime some ding dongs commit, but sentencing in California is out of control. Its called "union". Its called Big Green (Calif Dept of Corrections). Many can become productive members of society, many cant. We need a way to sort them out. District Attorneys build their brownie points and promotions on convictions, maybe promotions should be built on rehabilitation and success rather than penalty, Things that make you go Hmmmm!
Frank H. Robles April 11, 2013 at 12:07 pm
She will run.... but not get the Nomination....!!!
Gail April 10, 2013 at 02:52 pm
Yup! I agree with it all.
Dan Wright April 4, 2013 at 10:50 am
It has only been a few weeks, but to me, it looks like Congressman Peters is doing a great jobRead More representing the diverse interests of his district. I am delighted that as a Democrat, he is reaching out to the Republicans in his district. If there were a hundred more like Scott, we would not have such partisan gridlock crippling our country.