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Medical marijuana sales are not expected to sprout quickly

Justice Department's decision not to go after legal California dispensaries is not seen as a broad endorsement, especially when local communities ban or limit them.

April 26, 2009|Catherine Saillant

If Jeff Clark has his way, medical marijuana patients will soon be able to buy pot from his collective in law-and-order Kern County, known more for growing almonds than cannabis.

Clark, 55, a disabled veteran, thinks the time is right.


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After eight years of raids on storefront dispensaries under the Bush administration, Eric H. Holder Jr., the new U.S. attorney general, has made it clear that the Justice Department won't go after organizations operating under state laws in California and a dozen other states.

Kern County's Board of Supervisors and sheriff have agreed to lay off too, as long as pot sellers adhere to the state's guidelines. Last month, supervisors rescinded a de facto ban on pot dispensaries in place since 2007.

"I'm very optimistic," said Clark, who plans to open facilities near his home in Lake Isabella and in Bakersfield within the next few months. "This could be the turning point we've all been waiting for."

But local government and law enforcement officials say that a more lenient Drug Enforcement Administration is not likely to mean that new medical marijuana dispensaries will sprout like weeds. Kern County authorities say that, even with their more relaxed approach, they won't allow just anyone to open up shop.

"People think the DEA has opened the door to opening dispensaries anywhere and any time, and that's just not true," said Kern County Sheriff Donny Youngblood. "I will do my job irrespective of what the DEA does or does not do."

Even medical marijuana advocates say cities and counties that view medical marijuana with suspicion aren't likely to suddenly welcome dispensaries. And they have plenty of tools to make life difficult for potential distributors.

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Local laws

More than 100 cities and seven counties have laws banning dispensaries, said Joe Elford, chief counsel with the Oakland-based Americans for Safe Access, a medical marijuana advocacy group.

The validity of such bans is being litigated in appellate courts, he said. Still other cities and counties have limited the number of operators or put temporary bans on new dispensaries. Elford doesn't expect that to change soon.

"The DEA's new stance certainly sends a clear message to localities that they should not be policing federal law," Elford said. "But that remains to be seen."

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