Pubdate: Thu, 17 Nov 2005
Source: Appeal-Democrat (Marysville, CA)
Copyright: 2005 Appeal-Democrat
Contact:  http://www.appeal-democrat.com/
Details: http://www.mapinc.org/media/1343
Author: Rob Young, Appeal-Democrat
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL POT LOSES IN SUTTER

Medical marijuana dispensaries are not indispensable in Sutter 
County, planning commissioners decided Wednesday night. The panel 
voted 5-1 for an ordinance banning dispensaries in the county's 
zoning code. The Board of Supervisors, which has already voted in 
favor of a temporary ban, will have the final say.

Commissioner Gabrial Singh cast the only "no" vote, saying 
dispensaries are needed by cancer and other patients who cannot take 
other types of pain medication. Sheriff Jim Denney proposed the 
zoning ban, saying dispensaries could be raided by federal agents if 
approved by the county. He also cited law-enforcement problems 
surrounding dispensaries in other cities, including Roseville.

"This is not about whether medical marijuana has value but whether we 
can legally have dispensaries," even with an ordinance, said Denney.

"I uphold all laws, including drug laws. If I am not enforcing 
federal laws, the Drug Enforcement Administration and the FBI will," he said.

Even possession of marijuana is illegal under federal law, despite 
California's approval in 1996 of Proposition 215, which legalized 
possession of medical marijuana, said Denney.

Singh said Denney's duty is to uphold state and county laws, not federal law.

Denney responded that neither Proposition 215 or the later Senate 
Bill 420 deals with dispensaries.

Denney said he supports the right of patients to grow their own 
marijuana in limited quantities. The law allows six mature plants, 12 
immature plants and a half-pound of dried marijuana, he said.

Denney said he has instructed his deputies not to confiscate plants 
without confirming that the patient has an official identification 
card indicating the drug was grown with a doctor's recommendation. 
Doctors cannot prescribe marijuana, he said.

The ID cards are unavailable in Sutter County after the Board of 
Supervisors said the state should issue them, not the county. Anyone 
who needs a card must get it in Sacramento or in another county, 
Denney said in an interview.

Besides Singh, only Darren Courtney, a Butte County medical marijuana 
activist, spoke against the ban. Courtney, who uses medical marijuana 
for neurological problems, said he is forced to travel to other 
counties to buy it. The dispensary issue is "still on the table" in 
Butte County, which he described as more liberal than Sutter County.

Not all dispensaries are plagued with crime like some in the Bay 
Area, said Courtney.

Even if dispensaries are legalized in Sutter County, the question 
remains of how they would be regulated, said Denney.

"I can assure you that I and my staff will not. I won't enable anyone 
to violate federal law," he said.

Denney denied Singh's accusation that his stance on the dispensary 
issue is influenced by his religious beliefs.

Commissioners Jana Shannon, Maynard Dunn, Preet Khan, Annette 
Bertolini and Craig Starkey voted for the ordinance. Member Diljit 
Bains was absent.

Yuba City and Live Oak previously voted to ban dispensaries.

Vote in the Poll

Appeal-Democrat reporter Rob Young can be reached at 749-4710. You 
may e-mail him at Marysville Appeal-Democrat, Nov. 16th Sutter revisiting pot clubs

Rob Young (http://www.appeal-democrat.com/Appeal-Democrat

Marysville, CA Nov 15, 2005 -- The Sutter County Planning Commission 
on Wednesday will revisit Sheriff Jim Denney's proposal to modify the 
zoning code to prohibit medical marijuana dispensaries.

The 7 p.m. meeting will be at the Hall of Records, 466 Second St., 
Yuba City. The commission's recommendation will go to the Board of Supervisors.

The proposal was tabled at the commission's October meeting at the 
request of commission member Gabrial Singh, who said Monday he favors 
allowing well-regulated dispensaries in Sutter County.

The Board of Supervisors voted Feb. 15 to ban dispensaries. Denney's 
proposal would formalize the ban.

Denney said Monday he wants to strike a balance between state law, 
which allows possession of medical marijuana, and federal law.

In June, the U.S. Supreme Court ruled that the manufacture, 
distribution, dispensing and even possession of marijuana is illegal. 
About a week later, the House of Representatives failed to pass 
legislation that would have blocked the Justice Department from 
cracking down on California and nine other states where medical 
marijuana is legal, Denney wrote in a memo to county Senior Planner 
Lisa Wilson.

Denney said he favors the right of patients with licenses to grow 
small amounts of medical marijuana for their own use as authorized by 
two state laws. Proposition 215 and Senate Bill 420. But neither law 
allows dispensaries, he said.

Federal agents could raid Sutter County dispensaries if they are 
allowed, he said.

Dispensaries in other California cities and counties have been 
plagued by robberies, illegal drug use and other problems and have 
been raided, he said.

As a county official, Denney should act according to state law, not 
federal law, said Singh.

Singh did not deny that dispensaries have had problems, especially 
those in Oakland. But Sutter County's could have strict guidelines, he said.

"I'm not advocating marijuana for everyone who wants to get high," he said.

Yuba City and Live Oak have passed ordinances prohibiting dispensaries.
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MAP posted-by: Richard Lake