Pubdate: Mon, 02 Apr 2007
Source: Contra Costa Times (CA)
Copyright: 2007 Knight Ridder
Contact:  http://www.contracostatimes.com/
Details: http://www.mapinc.org/media/96
Author: Meera Pal, Contra Costa Times

OFFICIALS SEEK TO BAN MEDICAL MARIJUANA OUTLETS

Months before a moratorium is due to expire, Pleasanton's police 
chief and city attorney are proposing an outright ban on medical 
marijuana dispensaries in town.

Citing incidents of armed robberies, burglaries, vagrancy and resale 
to nonqualified persons in other communities with marijuana 
dispensaries, Police Chief Michael Fraser and City Attorney Michael 
Roush will recommend Tuesday that the City Council adopt an ordinance 
making it illegal to operate a dispensary in the city.

The ordinance, however, would not prohibit those qualified under 
state law from privately using medical marijuana.

The statute would also exclude patients at state-licensed facilities, 
such as health care, hospice and residential care for the elderly, 
from partaking as long as the facilities operate under city zoning guidelines.

Voters approved the Compassionate Use Act in 1996, making medical 
marijuana legal for patients with a doctor's recommendation. SB420 
established guidelines for distribution, as well as an identification 
card program.

In 2005, the U.S. Supreme Court affirmed the federal government's 
power to enforce federal drug laws.

The federal-state conflict led Pleasanton and dozens of other cities 
to enact moratoriums on the establishment of marijuana dispensaries. 
Since then, about 20 cities, including Concord, Dublin, Pleasant 
Hill, Antioch, Oakley, Pinole, Livermore, San Pablo and Hercules, 
have banned dispensaries.

When Pleasanton extended its moratorium last summer, the council 
asked for information on whether the community's needs for medical 
marijuana were being met, about Alameda County's identification card 
program and dispensaries operating in the county, and whether any 
communities with dispensaries did not have criminal problems.

According to the city staff, the only local organization prescribing 
medical marijuana is Tri-City Health Center in Fremont. The staff at 
the health center said some patients do not feel comfortable going to 
dispensaries in Hayward or Oakland, due to other unsavory customers 
and vagrants outside the establishments.

The staff report lists other communities with dispensaries, including 
Castro Valley, San Lorenzo, Berkeley, Pacheco, Santa Clara and San Francisco.

Of communities that allow dispensaries, officials from Berkeley and 
Arcata reported no significant increase in police calls in those 
areas, but added that there is a problem with medical marijuana 
resold to nonqualified persons, including minors.

Based on the information gathered, Fraser and Roush contend that 
medical marijuana dispensaries should not be allowed to operate in Pleasanton.

While there are no specific numbers on those in Pleasanton with 
Alameda County medical marijuana identification cards, the county 
staff noted "the distribution of people getting cards has been fairly 
proportional throughout the county based on overall population size."

Since Alameda County began issuing identification cards in August, 
there had been 1,186 cards issued by February. The cost of the cards 
increased from $50 to $103 on April 1.

Other Bay Area cities and counties that have adopted regulatory 
ordinances allowing dispensaries include Oakland, Berkeley, Hayward, 
Martinez, Santa Rosa, San Jose, Santa Cruz, San Francisco and Alameda County.

In November, Albany voters approved a measure that would allow a 
single dispensary in the city. El Cerrito is also considering 
allowing one dispensary to operate in a three-block area.
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MAP posted-by: Elaine