Pubdate: Fri, 22 Jul 2011 Source: Record Searchlight (Redding, CA) Copyright: 2011 Record Searchlight Contact: http://www.redding.com/ Details: http://www.mapinc.org/media/360 Author: Greg Welter, Chico Enterprise-Record CHICO POLICE ASSOCIATION SAYS IT WON'T ENFORCE CITY'S MEDICAL MARIJUANA DISPENSARY LAW CHICO -- The executive board of the Chico Police Officers Association said Friday it believes plans to allow two large marijuana dispensaries in the city are illegal, and it wants no part of it. The Chico City Council approved an ordinance establishing two dispensaries of up to 10,000 square feet at its meeting July 5, although the vote was not unanimous. On Friday CPOA board members delivered two versions of a letter to councilors expressing their concerns about dispensaries, and stated in the letters that members of the association "will not participate in any part of the medical marijuana ordinance that involves commercial marijuana growing or selling operations." CPOA spokesman Will Clark said if the ordinance results in dispensaries being established, officers will follow federal and state laws, and the directives of the district attorney in enforcing the law. "To do otherwise would violate our oath as officers to follow the constitution of the United States, the California constitution and our pledge to protect the citizens of this community," Clark said. "We want to be known as the city of trees, not the city of weed," he stated. Clark noted there is no formal opposition to another ordinance, which will allow citizens with a Proposition 215 medical marijuana card to grow up to 50 square feet of pot plants on private property, or indoor grows of the same size with a permit, for personal medicinal use. There is no limit on the number of plants allowed within that plot size, nor is there a limit on the number of patients who can share in the crop. Clark said the CPOA's stance on city-authorized dispensaries is in line with Police Chief Mike Maloney and Butte County District Attorney Mike Ramsey, who have long warned they could lead to federal action taken against city officials. A July 1 letter from Benjamin Wagner, U.S. attorney for the Eastern District of California, put an exclamation mark on the warnings, but Maloney, Chico City Manager Dave Burkland and City Attorney Lori Barker met with Wagner July 14 in Sacramento to get clarification on certain points in the letter. Burkland said he plans to tell the City Council at its meeting Aug. 2 that Wagner said some city officials could face action from federal authorities, and said he hopes the dispensary part of the ordinance will be rescinded. Other cities in California have authorized dispensaries in operation, including some within Wagner's jurisdiction. It's unknown why Chico and Isleton, in Sacramento County, are so far the only two in the Eastern District to receive warning letters. Ramsey confirmed on Friday that any dispensary operation would be considered "a marijuana store" and would therefore be illegal. He said prosecutions connected to such operations would be handled by federal authorities, and not his office. Clark pointed out that the City Council will, ironically, be considering the fate of the pot dispensary ordinance on Aug. 2, which is National Night Out. "We'll be out telling citizens they should obey the law and report unlawful activity, while city leaders will be deciding if it's OK to not follow it." Should dispensaries begin operation, Clark said officers would be duty-bound to respond to incidents and emergencies on the property. "We will not assist in any way in any activity that normalizes, standardizes, expedites or assists in the establishment of facilities set up for the commercial growing and selling of marijuana," the letter to council members reads. Mayor Ann Schwab and councilors Bob Evans and Mark Sorensen voted against the ordinance. In a Norcal blog posted Friday, Sorensen opined that if the state really wants to authorize pot dispensaries, it should task an organization such as Alcoholic Beverage Control to create a proper regulatory environment, operational guidelines, product quality testing, product potency testing and standards, legal impairment and intoxication standards. "We have the cart so far ahead of the horse, that the horse can't even see the cart," he wrote. Mary Flynn, Andy Holcombe, Scott Gruendl and Jim Walker voted in favor of the ordinance. - --- MAP posted-by: Richard R Smith Jr.