Pubdate: Thu, 5 Nov 2009
Source: Reporter, The (Vacaville, CA)
Copyright: 2009 The Reporter
Contact:  http://www.thereporter.com/
Details: http://www.mapinc.org/media/472
Author: Danny Bernardini
Bookmark: http://www.mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - United States)

POT DISPENSARIES BAN IN SOLANO TO END FRIDAY

Solano County's temporary ban on medical marijuana dispensaries in 
unincorporated areas will expire Friday after supervisors failed to 
agree on a new extension.

The Board of Supervisors on Tuesday voted 3-2 to extend the 
moratorium for 22 months and 15 days, but a 4/5 super-majority vote 
was needed. Supervisors Barbara Kondylis and Linda Seifert voted against.

Supervisor Mike Reagan, who made the motion, said he didn't want to 
see the county get dragged into any of the many lawsuits on the topic.

Kondylis, who has voiced her approval of medical marijuana in the 
past, again didn't hide her feelings on the topic.

"Twenty-two months is almost two years. This now is a medicine and 
there are lot of people who need that medicine. I'm just thinking 22 
months is outrageous," Kondylis said. "If Oakland can do it, we can 
do it. There are dispensaries up and running right now. Why do we 
have to wait?"

The item before the board proposed extending the current 45-day 
moratorium on medical marijuana dispensaries outside of city limits. 
Vacaville, Dixon and Benicia currently have similar rules on the books.

Staff said it needed that time so it could look into any regulatory 
and land-use issues. The current zoning ordinance is unclear on how 
the dispensaries would be defined or regulated. Seifert and Kondylis 
said that was too much time and something needed to be done sooner.

"I was uncertain what direction I would go. But after listening to 
the speakers and Advertisement staff, my inclination is to oppose 
this," Seifert said. "Regardless of what this board does, I think 
this has been going on far too long."

Seifert recommended bringing the item back sometime in the early 
spring. Kondylis said it should be earlier, suggesting February. Both 
motions died due to a lack of a second vote.

The conversation hit on several areas, including treating the 
dispensaries like pharmacies, adult book stores or liquor stores. The 
board also called Solano County Sheriff Gary Stanton to the podium to 
offer his opinions. He said the battle of federal versus state law 
only complicates the issue and law enforcement is waiting for an answer.

"This thing has been bungled," he said. "No one has come up with a 
clear and concise plan. Law enforcement is stuck in the middle of it, 
and we're tired of it."

Staff said it needed time to figure out regulations on where to 
locate the dispensaries if allowed. It was suggested they should not 
be placed near schools or other areas where children gather.

Again, Kondylis spoke out and pointed to other cities that have not 
had problems with dispensaries in city limits.

"This is not like Amsterdam, where people are going to be sitting out 
on the sidewalk smoking joints," she said.

She said a friend was suffering from cancer and the only thing that 
helped her deal with the pain was marijuana. Kondylis said she didn't 
want anyone else to suffer while the county waited.

"The only thing that made her life have any quality at all was 
smoking marijuana. And she had to go out and buy it illegally," she 
said, prompting applause from some in the audience.

Supervisor Jim Spering asked what would happen if someone applies for 
a dispensary. He was told it would work its way to the Planning 
Commission before likely ending up in front of supervisors.

"I can count to three," Spering said, referring to the votes needed 
to deny the application. 
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MAP posted-by: Richard Lake