California, Brentwood

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Posted on Fri, Sep. 15, 2006

Pot clubs banned till study done

BRENTWOOD: City enacts moratorium while analyzing local impact

By Erin Sherbert
CONTRA COSTA TIMES

BRENTWOOD - City leaders will place a moratorium on medical marijuana dispensaries while studying the potential impacts of operating them locally.

The City Council on Tuesday unanimously adopted an ordinance prohibiting marijuana dispensaries until the study is complete. The study will consider the potential health and safety effects of cannabis clubs in Brentwood.

Once a study is completed, the city staff will recommend the council either permanently prohibit dispensers or lift the ban, said Heidi Kline, Brentwood's planning manager.

Some council members say they do not feel marijuana dispensers belong in Brentwood, noting that crime could potentially increase in areas where there are cannabis clubs.

"It would be doing a disservice to the community, beside the fact that it is in violation of federal law," said Councilman Bob Brockman.

Congress in 1970 enacted a law making it illegal to import, manufacture, distribute, possess or use marijuana in the United States.

However, in 1996, California voters passed Proposition 215, allowing the use of marijuana for medicinal purposes.

A 2005 U.S. Supreme Court decision states the federal government can enforce the prohibition on marijuana in states that allow it for medicinal use.

Local jurisdictions have been stuck in the middle of the federal and state law, as people have continued to approach their cities to open medical marijuana dispensaries, according to Brentwood city officials.

As of August, 71 cities and six counties across the state have opted to temporarily ban medical marijuana dispensers, according to the Americans for Safe Access, a patient-advocacy group.

Some jurisdictions, including Contra Costa County, San Pablo, Livermore, Pleasanton, Antioch, Pinole and Oakley, have a moratorium on cannabis dispensaries, according to the ASA.

Other cities, including El Cerrito, Dublin, Concord and Hercules, have opted to ban marijuana dispensaries.

Martinez has an ordinance regulating dispensaries, and Albany voters will decide in November whether to support a single marijuana dispensary in their city.

The ASA this month released a report saying medical marijuana dispensaries have benefited communities by offering a safe place for patients to get medical marijuana and providing a support system for those patients.

The report, which was based on studies done in cities that have medical marijuana dispensary regulatory ordinances, also states marijuana street sales declined in areas with cannabis clubs.

But local police officers argued that communities with marijuana dispensaries have seen an increase in crime associated with the dispensaries.

"Several cities have had these medical marijuana dispensaries, and they have suffered direct criminal impacts, such as being robbed and burglarized or having clients attacked or assaulted," said Lt. Brian Strock. "There is evidence that it does increase crime."


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Reach Erin Sherbert at 925-779-7139 or esherbert@cctimes.com.

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Pot dispensaries in city could go up in smoke

<span class=postbigbold>BRENTWOOD: Council to discuss ordinance permanently banning medical marijuana facilities</span>

by Hilary Costa, Contra Costa Times
December 11th, 2007


Brentwood will take up a ban on medical marijuana dispensaries.

The City Council will discuss at its meeting tonight an ordinance that would permanently prohibit the facilities.

"Prohibiting medical marijuana dispensaries ... is necessary and appropriate to maintain and protect the public health, safety and welfare of the citizens of Brentwood," the ordinance states.

In September 2006, the council unanimously approved an ordinance that temporarily prohibited medical marijuana dispensaries, pending further study of the effect such businesses had on the health, safety and welfare of other communities. That stopgap measure came after it was determined that the city code at the time neither allowed nor explicitly prevented dispensaries from setting up shop in Brentwood.

"We have concerns about the type of crime that is associated with these types of facilities," Police Capt. Brian Strock said.

Brentwood Planning Manager Heidi Kline and Strock will make a presentation on the ordinance tonight. According to the staff report, a number of organizations have approached the planning department in the past about locating dispensaries there. There are none in the city.

In 1996, California voters approved Proposition 215, which made it legal for seriously ill people to use marijuana for medicinal purposes. Marijuana possession is illegal under federal law.

Brentwood's ordinance would not ban state-licensed clinics, health care facilities, residential care facilities or hospice.

During the 14 months since Brentwood's first ordinance was enacted, city staff members consulted with officials from other cities and surveyed dozens of newspaper articles that detailed negative effects linked to marijuana dispensaries.

The most prevalent effects include armed robberies, increased violence and illegal marijuana sales and consumption, according to the staff report completed for the new ordinance.

Brentwood Police Chief Mark Evenson said that the department supports the ban.

"I can certainly say in my experience as a law enforcement official there are negative consequences to having that type of facility in a community," he said.

He said it is difficult to weigh those concerns against the medical need of some residents but that public safety takes priority.

Brentwood police have seen a recent rise in certain drug-related crimes. Evenson said that his department has shut down a handful of growing operations in the past year where people had rented or purchased a house to use it exclusively to grow marijuana.

In addition to the fire hazard posed by the high electrical usage, such operations can cause an increase in crime in the area if drugs are being sold from the site, Evenson said.

Reach Hilary Costa at 925-779-7139 or hcosta@bayareanewsgroup.com.



<span class=postbigbold>if you go</span>


WHO: Brentwood City Council

WHAT: Discussing an ordinance to ban medical marijuana dispensaries

WHERE: City Council chamber, 734 Third St.

WHEN: 7 tonight

CONTACT: 925-516-5400

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Brentwood: Council approves ban on pot dispensaries

The San Jose Mercury News
By Hilary Costa
STAFF WRITER

Article Launched: 12/12/2007 06:41:44 AM PST


The Brentwood City Council Tuesday night unanimously approved a permanent ban on medical marijuana dispensaries in the city.

The new ordinance comes a year after the council approved a temporary ban pending further study into the negative impacts of the facilities on surrounding neighborhoods and communities. Those secondary impacts include increased crime and illegal marijuana use and possession.

Brentwood Planning Director Heidi Kline said a few organizations had inquired into locating dispensaries in Brentwood in 2004. None were ever built.

The council passed the ordinance quickly, asking no questions of staff and not discussing any aspects of it. The ordinance will undergo a second reading at a later council meeting, and will go into effect 30 days following that.

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Local News

<span class=postbigbold>Marijuana Dispensaries Banned in Brentwood</span>

Canyon News
By Sarin Kodchian
Dec 23, 2007 - 1:24:40 AM



BRENTWOOD—Tuesday night, the Brentwood City Council unanimously approved a permanent ban on medical marijuana dispensaries in the city. Police Capt. Brian Strock and Brentwood Planning Manager Heidi Klein made a presentation on the ordinance before the voting.

California voters approved Proposition 215 in 1996, making marijuana legal for medicinal purposes while possession of marijuana remains illegal under federal law. City code neither allows nor explicitly prevents the presence of such dispensaries in Brentwood. Just last year the city council approved a temporary ban pending investigation of negative impacts of facilities on neighborhoods and communities.

What the year long investigation proved was an increase in crime and illegal marijuana use and possession. The detailed search included over 14 months of consultations, surveys, and detailed research on the negative effects in connection to dispensaries. Armed robberies, violence, illegal sales and consumption are among the most prevalent negative effects reported.

The ordinance states, "Prohibiting medical marijuana dispensaries ... are necessary and appropriate to maintain and protect the public health, safety and welfare of the citizens of Brentwood." The ordinance would not ban health care facilities, residential care facilities, hospice, or state-licensed clinics. The new ordinance was passed quickly, with discussions and questions cut short. A second reading of the ordinance will be completed at a later meeting.

The permanent ban will go into effect 30 days following that second reading. Brentwood police have seen a rise in drug related crimes. A handful of growing operations in the past year alone have been shut down. Such businesses were proven to effect health, safety and welfare of communities in and around the area.