Marijuana.com

newgrowerNY

Livermore delays move to ban medical pot dispensaries
12.12.06|MercuryNews.com

The City Council delayed plans Monday to ban medical marijuana dispensaries, instead requesting more information from cities that allow and regulate them.

The city has a moratorium on dispensaries, which expires in September 2008. City staff and Police Chief Steve Krull recommended passing a permanent ordinance to ban them, citing their reputation for drawing crime. City Attorney John Pomidor added that Proposition 215, which legalized marijuana for medical purposes, contradicted federal law. It was unclear from the outset how the vote would fall.

After a lively debate, the result was a 3-2 vote to delay an outright ban, with Mayor Marshall Kamena and Councilman John Marchand dissenting.

Councilman Tom Reitter was the most outspoken against implementing a ban; he offered a hypothetical situation, that a patient who obtains medical marijuana in Oakland could have it taken away during a routine traffic stop in Livermore.

"I just think that's wrong because you are taking someone's (medicine)," he said. "They would be pushed out into the street to buy it illegally."

Vice Mayor Marj Leider told city staff to find positive examples of cities regulating dispensaries. "All of the information we got from the police and staff was negative," she said. "I don't see the big hurry (to ban them) right now."

Kamena said if the moratorium expires and the council doesn't take action, dispensaries can open by default. He said his decision to pass an ordinance is based on "the community standards."

Marchand said he was "torn" in his decision, but said he supports an ordinance because dispensaries require city resources in enforcing regulations and providing security.

"It does require a great deal of oversight by the city, by the police," he said. "There is not a significant income stream to provide that oversight to the community."

Three residents urged the council to delay passing a permanent ordinance. Andrew Glazier, a patient, said several other local residents were too intimidated to show up to Monday's meeting. He told the council it sometimes is necessary to go against federal law.

He also said dispensaries can be safe if regulated correctly. "I'm not pro-marijuana as so much pro-access for the needy," he said after the meeting.

City Attorney John Pomidor maintained that dispensaries can attract crime. "There is a potential for secondary effects that we don't want to have to face right now," he said. "The second reason is the federal law."

Pomidor said the city plans to draft a letter to federal officials to request removing its inconsistencies with California law. He said the city will wait until next month to send the letter, when a new Congress under Democratic Party control takes power.

 

Buzzby

On that basis they should ban bars, banks, and convenience stores. The police are there to serve the community's needs, including the need for medical marijuana. The community is not there to make life easy for the police.

A city law banning dispensaries wouldn't make it illegal for people with a valid doctor's recommendation to possess marijuana. That's a state law. Is this guy even paying attention?

How, exactly, does that differ from any other business? Would they ban restaurants because they require city health inspection? License fees support the enforcement of regulations. Dispensaries, like banks, provide their own security. The police are called in only if there is a crime committed - which is what the police are getting paid to do.

He's a medical marijuana patient and he's not pro-marijuana? It must not work very well...

Which will happen when purple winged monkeys fly out of President Bush's ass. That's like saying "We'll allow dispensaries when the sun rises in the West."

__________________