Pubdate: Mon, 4 Jan 2010
Source: Modesto Bee, The (CA)
Copyright: 2010 The Modesto Bee
Contact:  http://www.modbee.com/
Details: http://www.mapinc.org/media/271
Cited: City Council http://www.ci.oakdale.ca.us/content/view/191/244/
Cited: Police Chief Marty West 
http://www.ci.oakdale.ca.us/content/view/132/184/
Bookmark: http://www.mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

MEDICAL POT SALES BAN TO GET PUBLIC HEARING IN OAKDALE

OAKDALE -- The City Council is expected to hold a public hearing on a 
measure that would ban medical marijuana dispensaries in the city.

The proposed ordinance would prohibit the city from approving 
licenses or uses that violate state or federal law.

Police Chief Marty West said one of the purposes of the proposed 
ordinance is to prevent medical marijuana dispensaries, which are 
legal under state law but not under federal law, from setting up shop 
in the city.

Oakdale had a temporary ban against such businesses, but it has expired.

Modesto and four other Stanislaus County cities have banned medical 
marijuana sales, according to Americans for Safe Access.

Oakdale passed its temporary moratorium in 2007 after the Oakdale 
Natural Choice Collective opened in April of that year. In August 
2007, law enforcement officers raided the dispensary and arrested 
eight people, including owner Addison DeMoura.

In October, a Stanislaus County Superior Court judge dismissed the 
charges against DeMoura, his wife and employees for a lack of evidence.

The judge said officers left out "very important" facts when they 
asked for a search warrant for the collective. One of those facts, 
the defense argued, was that a confidential informant sent by agents 
to buy marijuana had a valid medical recommendation as required by 
California law.

Also in October, the Justice Department took a significant departure 
from the Bush administration's policy on enforcing federal anti-pot 
laws regardless of state codes.

It announced that people who use marijuana for medical purposes and 
those who distribute it to them should not face federal prosecution 
as long as they conform to state law.

DeMoura has said he wants to reopen a marijuana collective in 
Oakdale, where his former collective once served more than 600 
patients in the three months it was open. He believes the outcome 
would net the city $300,000 a year in sales tax.

DeMoura filed a federal civil rights lawsuit July 31 against Oakdale, 
the county and several law enforcement officers who raided the 
dispensary and his house. The lawsuit seeks an unspecified amount of money.

The council will meet at 7 p.m. in City Council chambers, 277 N. Second Ave. 
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MAP posted-by: Richard Lake