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Michael Fowler, a volunteer at the Human Collective in Tigard, dispenses marijuana from their apothecary. Tualatin is interested in a temporary ban before adopting tight regulations, in the wake of state-approved dispensaries coming out in 2014.

(Beth Nakamura/The Oregonian/2012)

With

dispensaries coming to Oregon next year, Tualatin councilors are taking a new approach for keeping them out: Ban first, regulate later.

This wasn't the first strike against medical marijuana dispensaries. An initial proposal would have

from businesses violating state, local or federal laws. Medford's council

earlier this fall. Lawyers for the state, which is drafting rules to regulate such facilities, and League of Oregon Cities

.

That led some councilors to fear a potential lawsuit from prospective dispensaries, along with

. For those reasons, Councilor Joelle Davis

at a November meeting, derailing the business license change.

At a work session Dec. 9, councilors started fresh on the medical marijuana issue. Davis, whose vote brought them back to the drawing board, dominated the conversation. The council shifted from stamping out dispensaries to making setting up shop in Tualatin excruciating.

"There are people, and I believe it’s a small portion of people, that I believe will medically benefit from this," said Davis. "There shouldn’t be a need for big public access to the facility."

State data show 125 people hold medical marijuana hards in the Tualatin zip code. No dispensaries are already operating, according to City Manager Sherilyn Lombos.

Medical marijuana outlets should be limited to as few zones as possible, Davis pushed. Other suggestions included prohibiting storefronts, signs, first-floor office-space and requiring dispensaries to hire security guards. Davis said she believed Tualatin could create an example for the entire Portland Metro-area.

Councilor Ed Truax, a strong opponent of the business license approach, said he was in favor of "making it as onerous as we can get away with making it and still staying out of court.'"

The snag with the land use approach: It's complicated and would take months or more than a year to work out. And the state expects applications for legal medical marijuana dispensaries to be available by March.

Some of the councilors said they don't want to be blindsided by dispensaries coming while the city has no regulations on its books. The majority settled on a temporary ban while they develop softer regulations.

City Attorney Sean Brady warned councilors the city is still risks a lawsuit from a prospective dispensary, whether they have a temporary ban or a permanent ban in place. And the concerns about running afoul of the state don't disappear with a temporary ban.

Tualatin city staff will come up with a way to temporarily block medical marijuana outlets in early 2014.

--Fenit Nirappil: 503-294-4029