Pubdate: Wed, 23 May 2007 Source: Milpitas Post (CA) Copyright: 2007 Milpitas Post Newspaper Contact: http://www.themilpitaspost.com/ Details: http://www.mapinc.org/media/3703 Author: Ian Bauer, The Milpitas Post Cited: Milpitas City Council http://www.ci.milpitas.ca.gov/citygov/citycouncil/default.htm Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal) OFFICIALS MOVE TOWARD PERMANENT BAN ON POT CLUBS Operators of medical marijuana dispensaries won't need to consider Milpitas as a place to do business anytime soon. Last week, citing adverse impacts like increased criminal activity, Milpitas officials advanced actions to permanently ban pot clubs here. Milpitas City Council unanimously voted May 15 to craft and introduce an ordinance by June 5 to ban all medical marijuana dispensaries within city limits. The council's vote aims to extend the city's more than 22-month moratorium on pot clubs set in 2005. That initial moratorium is scheduled to expire on July 23. Prior to the vote, Peter Spoerl, a Milpitas assistant city attorney, offered the city council four legislative options the city could enact to deal with the establishment of medical marijuana dispensaries, allowed under state law by the 1996 Compassionate Use Act. . The first legislative option presented included amending current zoning to include and allow dispensaries to operate. . A second option would have the city adopt legislation allowing dispensaries, but only when the operations of those businesses do not conflict with state and federal laws as they do now. . A third option would regulate dispensaries by location or operation. This option would restrict businesses in certain zones including proximity from schools, parks and child-care facilities. Worried about drug-related crime and criminality, the council was unimpressed with the first three options. . They quickly chose the fourth option, to ban all medical marijuana clubs. Councilwoman Althea Polanski was a dissenting vote on the initial moratorium nearly two years ago. Polanski previously stated the city's planning division could better regulate establishment of marijuana clubs through the normal process of review, as it does for all prospective businesses. Last week, Polanski suggested conflicting federal and state laws regarding marijuana use made the issue more volatile legal issues she felt should be hashed out elsewhere, and not in Milpitas. "Probably the best course of action would be to adopt an ordinance to prohibit it, and let the courts work it out on their own someplace else," Polanski said. And although he acknowledged the use of medical marijuana by some to remedy severe illnesses, Vice Mayor Bob Livengood was adamantly opposed to pot clubs. "There's no place for such businesses in Milpitas," he said. "It's been shown time and time again they are truly a magnet for crime." Livengood cited media reports that painted a grim picture about medical marijuana dispensaries operating in San Francisco. The reports alleged the pot clubs there were being used by organized crime, in part, as places for illegal drug sales. "With businesses like that we don't need them," Livengood said. He added that Milpitas would be taking a "step backwards" if pot clubs were allowed to open and operate here. Milpitas Police Chief Dennis Graham was called upon by Mayor Jose Esteves to give his views on pot clubs. The police chief agreed with the council. "I think it's just going to be a magnet for outside trouble; people coming in from the outside and taking advantage of the dispensaries for all of the reasons that have been talked about tonight," Graham said. Mayor Esteves said Milpitas was too small a city to accommodate dispensaries. "Anywhere you go almost always there's a school close by...," he said. The mayor added "limited public safety resources" like Milpitas' police force would be adversely strained by keeping tabs on the activities at pot clubs. Ultimately, Milpitas City Council directed city staff to return to the council's June 5 meeting for a first reading of a new ordinance to ban pot clubs. A second reading of the ordinance is expected at the council's June 19 meeting. The new regulation would take 30 days to go into affect, starting four days before the July 23 moratorium expires. - --- MAP posted-by: Richard Lake