Panel bans illegal entities

Following the lead of the City Council, the Planning Commission on Wednesday approved two measures that would not allow city officials to approve conditional-use permits or other zoning entitlements for businesses that do not conform with city, state or federal laws.

Several members of the public, including a prominent local physician, asked the commission not to approve the measures, which would make it impossible for medical marijuana dispensaries to operate openly in the city.

Medical marijuana is legal in California, but any use of marijuana is illegal under federal law. The drug is reportedly effective in treating symptoms of serious illnesses in some patients.

There is at least one physician prescribing medical marijuana in the city, and police want ammunition against marijuana dispensaries that are creating a nuisance, according to Laguna Police Cpt. Danell Adams.

“I hate to see this,” Dr. Korey Jorgensen, an HIV specialist with the Laguna Beach Community Clinic, told the commission. “It targets a population that uses marijuana, including cancer patients and people with HIV. In some cases, marijuana turns the tide in their health care.

“Laguna Beach is an epicenter of HIV, and no doubt there are some abuses, but to totally get rid of any marijuana dispensaries is the wrong way to go.”

Jorgensen said he does not personally prescribe marijuana to his patients, but said that some of them use it, and “most buy it illegally.”

Several commissioners questioned city staff as to the reason and origin of the ordinance.

“Why is this coming before us?” Commissioner Anne Johnson asked. “This would make it more difficult for people to dispense marijuana, but it is legal in the state. I would like to remove barriers to it. I’m not for yanking people’s marijuana when they’re sick.”

Commissioner Norm Grossman questioned why the measure was necessary, given that the city code already states that the city cannot issue permits for businesses that are unlawful.

“It is a clarification of city policy,” Community Development Director John Montgomery said.

Montgomery said that the code does not specifically require the city to comply with state and federal law. “That’s what we want,” Montgomery said.

City officials have not so far been asked to approve a medical marijuana dispensary, Montgomery said.

Commissioner Robert Zur Schmiede said he was concerned that the measure would affect the operation of the Day Labor Center and could require the city to ensure that any workers hired at the center are not illegal immigrants, which could create an enforcement issue for police.

The City Council has been asked repeatedly by groups fighting illegal immigration to shut down the Day Labor Center and enforce federal immigration laws for those who seek jobs there. The Council has declined, stating it is not up to the city to enforce federal laws.

The commission voted 4-1 to approve the zoning ordinance and local coastal plan amendments, with Johnson opposed.