Pubdate: Wed, 25 May 2005
Source: Oakland Tribune, The (CA)
Copyright: 2005 MediaNews Group, Inc. and ANG Newspapers
Contact:  http://www.oaklandtribune.com/
Details: http://www.mapinc.org/media/314
Author: Michelle Maitre, Staff Writer
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

VOTE DELAYED ON CAP FOR POT CLUBS

Sheriff May Shut Operations In Unincorporated Parts Of County If Ordinance 
Not In Place By June 17

Alameda County supervisors delayed a vote Tuesday on an ordinance that 
would regulate medical marijuana dispensaries in unincorporated areas.

Supervisor Nate Miley pushed for the two-week postponement to give the 
public more time to review the controversial ordinance. It calls for no 
more than five dispensaries -- down from the current seven -- in 
unincorporated areas of Castro Valley, Ashland, Cherryland and San Lorenzo, 
and enforces regulations on permitting, hours of operation, yet-to-be 
determined operation fees and other issues.

The ordinance is expected to come before the board again June 7 for a first 
reading and vote, but the delay will push the board close to a June 17 
deadline set by Sheriff Charles Plummer, who has said he will start 
enforcing federal law and shut down the dispensaries unless the county has 
an enforceable ordinance in place.

In an interview after the meeting, Plummer said he's willing to extend the 
deadline, as long as supervisors take a vote in two weeks that demonstrates 
a good-faith effort to move ahead.

If the board doesn't pass the ordinance at the first reading, the 
department will move against the dispensaries, Plummer said.

Instead of taking a vote Tuesday, the board heard more than two hours of 
public comment and a wide variety of views on the proposed ordinance, 
including comment from Oakland resident Angel Raich, a plaintiff in a case 
before the U.S. Supreme Court that challenges the federal government's 
raids against medical marijuana dispensaries and patients.

Children's advocates, business owners and neighborhood association 
representatives lobbied for a tougher ordinance and fewer dispensaries. 
Many favored a plan suggested by Miley that would open a clinic at 
county-owned Fairmont Hospital in unincorporated San Leandro.

But medical marijuana patients and dispensary owners presented the other 
side, saying they support safe dispensaries close to home. Some speakers 
said the clinics are responsible business owners who are becoming 
scapegoats for other neighborhood problems.

But Miley A-- who has been working on the ordinance for two years A-- 
warned speakers that the board is fast approaching the sheriff's deadline. 
He grew frustrated with those trying to "poke holes" in the ordinance.

"It's beyond my ability at this point to fashion something that's going to 
please you all," said Miley, his voice rising in anger. If an ordinance 
isn't adopted soon, Miley said, "there won't be any dispensaries because 
the sheriff will shut them down."
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MAP posted-by: Elizabeth Wehrman