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Old 06-06-2006, 06:19 PM   #1
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Default CA: Dublin Considers Medical Pot Dispensary Ban

Dublin Considers Medical Pot Dispensary Ban
Sophia Kazmi | Contra Costa Times | 06/06/06

DUBLIN - If its City Council gives the nod Tuesday, Dublin will become the first Tri-Valley city to ban medical marijuana dispensaries outright within city limits.

A proposed ordinance would prohibit the operation of medical marijuana dispensaries in the city limits. Concord enacted a similar ban last year.

During a public hearing last month, the Dublin council unanimously voted to have city staff create this ordinance, following discussion of the city's options in regulating the dispensaries. No one from the public spoke to the council about the issue.

Council members were hesitant to allow the operation of such a dispensary within city limits for several reasons. One of the main points is conflicting state and federal law on medical marijuana. While California voters in 1996 legalized the use of marijuana for medical purposes, the federal government considers the drug illegal regardless of use.

Mayor Janet Lockhart also said having a dispensary in Dublin is not necessary because three facilities in unincorporated Alameda County are within a 20 minute drive of the city.

Last August, the Dublin City Council placed a moratorium on medical marijuana dispensaries for 45 days. In September, the council added another 10 months and 15 days to the ban, giving the city more time to research its options.

Also on tonight's agenda is discussion of creating an ordinance that would make second-hand smoke a public nuisance. That would enable Dublin residents to take their neighbors to small claims court to hash out a solution to problems of drifting smoke, if necessary, Councilwoman Kasie Hildenbrand said. It would not be ban on smoking in public.

Hildenbrand asked city staff in March to research the idea. She made the request after a resident told her about her neighbor's refusal to stop smoking near property line of the two yards and smoke on the other side of the yard. Hildenbrand said the resident had some sort of medical condition aggravated by cigarette smoke and cannot do anything to make her neighbor smoke on the other side of the yard.

Since many people in Dublin live in close proximity to their neighbors, either in attached, multi-unit housing or single family houses that are bunched together, the nuisance declaration may be useful in handling similar problems with other residents, Hildenbrand said.

Sophia Kazmi covers Dublin and Castro Valley. Reach her at 925-847-2122 or skazmi@cctimes.com.
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