UPDATE: Beaumont Council Votes 4-1 to Adopt Marijuana Dispensary Ordinance

The Beaumont city council adopted a local ordinance Tuesday night to ban medical marijuana dispensaries or to regulate them if a ban is ruled unlawful.

If courts determine a ban is unconstitutional, the ordinance would allow the city to regulate the establishment of collectives and cooperatives, according to city staff and a draft of the ordinance.

The council voted 4-1 adopt the ordinance to prohibit establishment and operation of medical marijuana dispensaries. No one commented during a public hearing preceding the council vote.

"These dispensaries, they're illegal," Beaumont police Chief Frank Coe told the council. "Everything about them is illegal."

Councilmember Nancy Gall voted against adopting the ordinance.

"I feel the intent of the voters was that medical marijuana should be available to patients," Gall said.

Oak Tree Alternative Care at 257 E. 6th St. is the only marijuana dispensary known by city officials to be operating in Beaumont, city spokeswoman Darci Mulvihill said Tuesday before the council met.

"Oak Tree opened illegally in violation of the City’s moratorium on marijuana dispensaries and zoning," Mulvihill said Tuesday afternoon in an email.  "It's currently operating without a planning and zoning permit and a business license. Oak Tree is being fined $1,000 a day."

Mulvihill said she was not sure when Oak Tree opened, but the city started fining the business on Aug. 12, 2009.

A manager at Oak Tree Alternative Care declined to take part in an interview last week with Patch, but said he would consider the request.

Reached Tuesday afternoon and told of the city's perspective, a receptionist at Oak Tree Alternative Care said she would try to contact a director to call Patch.

The city of Beaumont is currently waiting for a ruling from an administrative officer to determine if Oak Tree can continue to operate in violation of city laws, Mulvihill said. If the administrative officer rules in favor of the city, Oak Tree will be required to close.