MEDICINAL POT BAN OVERTURNED SUPERVISORS TO REGULATE COUNTY DISPENSARIES.

Byline: Troy Anderson Staff Writer

A decade after California voters legalized medical marijuana, Los Angeles County supervisors voted 4-1 Tuesday to regulate dispensaries in unincorporated areas, effectively lifting a countywide ban on the facilities.

Dozens of medical marijuana advocates hailed the vote as they gathered in the rain outside the Hall of Administration and some lighted up marijuana cigarettes.

Advocates said that even despite the ban, dozens of dispensaries have been operating throughout the county, including about 20 in the San Fernando Valley.

``It's difficult to know how many are up and running now,'' said Pasadena attorney Scott H. Linden, who said he has helped many of the dispensaries open. ``Everybody has been scared to come forward.

``Hopefully, that's a big part of this (vote) to not be scared to come forward and say, 'This is what we're doing.' Stand out in the open.''

California voters approved medicinal-marijuana usage in 1996 and the Legislature approved guidelines for usage in 2003. The law allows people with serious illnesses such as AIDS, cancer, arthritis and glaucoma to obtain prescriptions and use marijuana without being subject to prosecution under state law.

But the federal government does not recognize the state law and while the county can authorize establishment and operation of dispensaries, dispensary operators and employees could be subject to federal prosecution.

The state law encouraged cities and counties to adopt plans for the ``safe and affordable'' distribution of marijuana.

Last May, the supervisors directed officials to study developing regulations regarding dispensaries to ensure that they are in areas that will allow for the safe distribution and use of marijuana and drug paraphernalia.

Under the new rules, dispensaries must obtain valid business licenses to operate. They also must obtain minor conditional-use permits to operate in commercial, industrial and residential zones.

The dispensaries cannot be within 1,000 feet of schools, youth facilities, churches and parks, and must have signs, adequate lighting, a security system and guards.

The dispensaries can provide customers with edible marijuana and customers can smoke marijuana on the site as long as there is a separate well-ventilated room.

They also must distribute the owners' name and emergency contact phone number to neighbors in case of problems. A public hearing before the Regional Planning Commission will be held if two or more nearby property owners protest.

Supervisor Michael D. Antonovich cast the sole dissenting vote, noting he wanted the hearings before the Board of Supervisors.

``We have an opportunity to allow the community to be involved in deciding the impact on them,'' Antonovich said. ``To have it decided by a non-elected body does not allow the community to be engaged.

``To have a very sensitive issue applied to a community neighborhood, you ought to be able to appeal to an elected body for a hearing.'' The supervisors sought to regulate the dispensaries after sheriff's and health officials reported that some have been the sites of illegal activities.

County Supervisor Zev Yaroslavsky said he has friends and family members whose quality of life has been radically improved by using medical marijuana.

``People who now understand fully what this can mean - the difference between a torturous life, and in some cases final days and final months, and being able to handle life - I think anybody who has seen that would not want to put a roadblock in anybody's way,'' Yaroslavsky said.

Troy Anderson, [phone]

troy.anderson(at)dailynews.com