Pubdate: Mon, 23 Mar 2009 Source: Contra Costa Times (CA) Copyright: 2009 Knight Ridder Contact: http://www.contracostatimes.com/ Details: http://www.mapinc.org/media/96 Author: Rachel Raskin-Zrihen Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) BATTLE OF WILLS OVER AMCAN POT CLUB AMERICAN CANYON -- Kim Pelham says she can outlast the city's recently extended moratorium on medical marijuana dispensaries if she must, but she is determined to open one here eventually. The moratorium would have lapsed April 4. The space Pelham has in mind is on Broadway near the Broadway Market. While several city residents and officials say they favor the concept of medical marijuana for those needing it, few seem to think American Canyon is the best place to open a dispensary. It's one reason Pelham, 42, said she thinks city officials have been using the moratorium "as a temporary ban." "A year seems to be enough time to study the issue and craft an ordinance," she said. "I don't think they can ban it completely. Several cities have tried and failed." And those cities might now be in a weaker position to halt such businesses than previously. That's because last week U.S. Attorney General Eric Holder told reporters that federal law enforcement officials will no longer go after medical marijuana providers in the 13 states in which medical marijuana is legal, unless the service is just a front for unlawful activities. California is one of those states. At the last City Council meeting, City Attorney Bill Ross said the laws about medical marijuana are changing and that the moratorium allows time to craft an ordinance regulating this type of business, not to ban it. Mayor Leon Garcia, a nurse, said marijuana's medical benefits are controversial and he feels city staff needs to study all the ramifications before crafting regulations. Other council members said they realize an ordinance regulating such a business is likely the most control they're going to have, although several oppose the concept. "We have to be very clear on what we expect of it and what effect it will have on the area around it," said Council member Don Callison. "Personally, I don't believe in medical marijuana, but that won't impact my ultimate decision." Council member Ed West said he also disagrees with the medical marijuana idea, but realizes the law supports the practice. Council member Joan Bennett said she favors having cannabis available for those in medical need, but isn't sure American Canyon is the best place to make it available. "Whatever we do, we're going to follow the law," Bennett said. "I think there are a lot of ways marijuana is less destructive than, say, alcohol. But for American Canyon, I don't think we need to see a dispensary here. We're a small community and we don't need to be known for that." Pelham said Napa County needs a pot dispensary, and that it would bring employment, tax revenues and provide a needed service for those suffering from cancer and other ailments. "My mother-in-law is a hospice nurse, and has been a nurse for many years, and she says there is insufficient access to medicinal marijuana in Napa County," Pelham said. "It's a hardship having to travel more than an hour to the nearest dispensary in Santa Rosa with an ill client." Pelham, a real estate and mortgage broker, said she knows about the dispensary on Tennessee Street in Vallejo, since it's in a building she owns, but even she moved her office from there in January as crime problems have increased. "We were broken into five time in the past year," she said. "It was fine for the first four years, but the past year... "Some patients don't feel particularly safe going there." Pelham attributes any resistance to a dispensary to ignorance. "I think they see it as an illicit drug and maybe aren't aware of the benefits of marijuana for cancer patients." At the last City Council meeting, Council member Cindy Coffey said she fears a dispensary would increase crime and suggested Pelham look to a larger city like Napa. Vallejo Police Department spokesman Abel Tenorio said that Vallejo's dispensary has been served with search warrants but isn't aware of its being a major crime magnet. American Canyon Police Chief Brian Banducci couldn't be reached for comment Friday. Several residents said they're concerned. "I'm not sure it's the type of entity that would serve a good purpose here. It might be better in a more established community," said La Toya Ward, 45. "I believe in the treatment, and if this helps people who are suffering, I'm all for it.. It's just that we're an up-and-coming city, trying to establish an image for ourselves, and I'm not sure this type of entity would serve us positively." Not everyone agrees, however. "I have mixed emotions about it," said Betty Gardner, 79. "People with cancer are suffering and if this helps, than I have no problem with it. And I'm not really worried about it hurting the neighborhood. People who want marijuana seem to find a way of getting it." - --- MAP posted-by: Jay Bergstrom