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."
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MAP posted-by: Jay Bergstrom