Pubdate: Thu, 19 Mar 2005
Source: Milpitas Post (CA)
Copyright: 2005 MediaNews Group, Inc
Contact:  http://www.themilpitaspost.com/
Details: http://www.mapinc.org/media/3703
Author: Jay Peeples
Cited: Ashcroft v. Raich ( www.angeljustice.org/ )
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

URGENCY ORDINANCE TO BAN CANNABIS CLUBS UP IN SMOKE

Medicinal Marijuana Advocates Pleased With Decision

A proposed urgency ordinance that would have placed a 45-day moratorium on 
the establishment and operation of medical marijuana dispensaries fell one 
vote short of the required four-fifths vote at Tuesday night's Milpitas 
City Council meeting.

Councilmember Althea Polanski cast the lone vote against the moratorium, 
and with Councilmember Bob Livengood absent, the proposal failed to garner 
the necessary four votes. Mayor Jose Esteves inquired whether the item 
could return when Livengood is present, but Assistant City Attorney Richard 
Pio Roda said the urgency ordinance could not. He explained the matter 
would have to go through the full ordinance process if it returned.

According to Pio Roda, the issue arose after the city received inquiries 
about locating medical marijuana dispensaries in Milpitas. He said the city 
needs to study the potential impacts to health, safety and welfare of such 
businesses. The 45-day moratorium was proposed, Pio Roda said, so staff 
could study the issue and draft an amendment to the zoning ordinance to 
permit such dispensaries as conditional uses in three zoning districts.

"Currently, the Milpitas Municipal Code and the zoning code are silent," 
Pio Roda said.

Councilmember Debbie Giordano said she wanted more input from the state, 
and added that she wanted to see security cameras around such facilities 
and off-duty police officers as security at the facilities, if they were 
approved. Giordano also wanted a 180-day moratorium.

Pio Roda said the U.S. Supreme Court is considering the issue of legalized 
dispensaries for medical marijuana, and will likely render a decision by 
the end of June.

In a report to the council, city staff noted that other California cities 
had experienced negative secondary impacts from medical marijuana 
dispensaries, including increased crime in the area of dispensaries, 
robbery of patients, and individuals smoking marijuana in the vicinity of 
dispensaries.

A number of people were at the meeting to oppose the moratorium. Jim Lohse, 
who runs a medical marijuana dispensary, said the moratorium was 
unnecessary and inadequate.

"You have big loopholes in your moratorium," he said. "I wish everybody 
would remember it's the state law."

In 1996, California voters approved Proposition 215, The Compassionate Use 
Act of 1996, which allowed people who are in need of medical marijuana for 
specified medical purposes to obtain it.

North San Jose resident Marnie Regan, a medical marijuana patient, said 
there are no dispensaries in Santa Clara County, and she is forced to drive 
to San Francisco or Alameda County to pick up her marijuana. She noted the 
potential secondary impacts were limited.

"These problems you've listed are associated with very few dispensaries," 
Regan said.

Councilmember Polanski said she found it distressing that there were no 
medical marijuana dispensaries in the county, and was not in favor of 
painting with a broad brush to prevent such businesses from locating in 
Milpitas. She said if her child needed medicine and she needed to drive to 
San Francisco to pick it up, she would not be happy.

"It's another business that wants to come and provide a service," Polanski 
said. "I'm not ready to vote for a moratorium.

"Medicinal marijuana is something I think should be dispensed by actual 
physicians."

Mayor Jose Esteves said he was concerned about the potential impacts of 
such a business in Milpitas. He also said he received obscene phone calls 
from someone who was opposed to the moratorium. He supported the 
moratorium, saying he wanted more information.

"I don't want to take risks in the meantime," he said.

Following the decision, Regan was pleasantly surprised with the outcome.

"We're optimistic they will listen to our side," she said.

Since current zoning code does not address medical marijuana dispensaries, 
any proposal would likely need to go to the Milpitas Planning Commission 
for a designation within a district, or the zoning ordinance would need to 
be amended.