Pubdate: Wed, 07 Sep 2011
Source: Chico Enterprise-Record (CA)
Copyright: 2011 Chico Enterprise-Record
Contact:  http://www.chicoer.com/
Details: http://www.mapinc.org/media/861
Note: Letters from newspaper's circulation area receive publishing priority
Author: Katy Sweeny
Bookmark: http://mapinc.org/topic/Dispensaries

COUNCIL REPEALS POT DISPENSARY ORDINANCE

CHICO - Council members admitted the medical marijuana dispensary 
ordinance they had passed was faulty and voted Tuesday night to repeal it.

The 5-1 vote was the third and final step, for now, to prohibit 
dispensaries in the city. Councilman Scott Gruendl dissented. 
Councilwoman Mary Flynn was absent.

On July 5, council members voted 4-3 in support of allowing two 
medical marijuana dispensaries in the city though the mayor had 
received a letter from U.S. Attorney Benjamin Wagner stating the 
ordinance violates federal drug laws. Mayor Ann Schwab and Councilmen 
Bob Evans and Mark Sorensen voted against allowing the dispensaries.

City staff met with U.S. Attorney Benjamin Wagner on July 14 and 
learned they and other employees along with council members could 
face federal prosecution for facilitating dispensaries. City Manager 
Dave Burkland then recommended council members repeal the ordinance.

On Aug. 2, the council voted 4-3 to direct staff to prepare the 
ordinance repealing the ordinance that would have allowed for two 
dispensaries in the city. Council Members Mary Flynn, Scott Gruendl 
and Andy Holcombe dissented. Two weeks later, the council voted 5-2 
to introduce the repealing ordinance. Holcombe switched his vote.

Holcombe said Tuesday he supports a land-use ordinance, but warned 
that no matter what it will break federal law.

"Doing something because the U.S. attorney says we should do it is 
absolutely wrong," he said.

Council members, including Holcombe, asked city staff to bring a new 
dispensary ordinance to them soon.

City attorney Lori Barker said she thinks she will have a dispensary 
ordinance ready for council consideration in less than six months.

Three members of the public addressed the council Tuesday night 
during the public hearing.

Dmitri Jeziorski said he thinks a vote in support of dispensaries 
does not warrant council members' prosecution.

"That seems un-American to me," he said.

The ordinance allowing residential grows outdoors and indoors with 
restrictions remains intact and was not repealed.
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MAP posted-by: Jay Bergstrom