California, Pleasanton

[palmspringsbum]

Article Last Updated: 07/18/2006 02:41:31 AM PDT

Marijuana outlets back before council

Pleasanton moratorium due to expire Aug. 5

The Tri-Valley Herald, FROM STAFF REPORTS



PLEASANTON — With a temporary moratorium on medical marijuana dispensaries close to expiring, the City Council will revisit the issue tonight.

The moratorium took effect in August 2005 and was extended the following month for a year, largely because the council felt it did not have enough information about crime associated with dispensaries and the implications of federal law prohibiting marijuana.

When it came before the council a year ago, they felt there wasnt enough information, so they put a moratorium in place for one year, said Pamela Ott, the citys economic development manager.

Ott added that the council might decide to make a moratorium permanent through an ordinance.

In 1996, voters passed Proposition 215, which allowed marijuana use with a doctors recommendation. But federal law maintains that marijuana has no medical benefits.

City officials have received at least two inquiries about establishing a medical marijuana dispensary in Pleasanton within the past five months, a staff report said.

About 21 cities have completely banned dispensaries, while 62 cities have moratoriums. The council is expected to act tonight because Pleasantons temporary ban is due to expire Aug. 5.

The city would be following its neighbors if it renews its efforts to keep dispensaries out. In June, Dublin formally passed an ordinance that banned dispensaries for good. Dublin joined Concord as the only two East Bay cities to ban dispensaries through an ordinance.

Last week, the Livermore City Council voted 4-0 to extend its moratorium rather than adopt an ordinance.

City Attorney John Pomidor warned that the city could face lawsuits if it adopted a permanent ban. Concord was sued by the Americans for Safe Access, a medical marijuana advocacy group based in Oakland. That lawsuit later was dropped.


Staff writer Brian Foley can be reached at (925) 416-4818 and bfoley@trivalleyherald.com.

[palmspringsbum]

Posted on Tue, Jul. 18,

Extension likely for moratorium on pot clubs
<blockquote>
PLEASANTON: Mayor says city wants to accommodate patients but is concerned about effects on neighborhoods
</blockquote>By Malaika Fraley

CONTRA COSTA TIMES

The City Council will decide tonight whether to allow medical marijuana dispensaries in Pleasanton, or to ban the so-called pot clubs altogether.

The council is expected to extend its moratorium on dispensaries by 12 months, the second and last extension allowed under state law. The current moratorium expires Aug. 5. City staff members said they have had two inquiries in the past five months about how to open a dispensary in Pleasanton.

"I'm not sure how the council is going to treat this particular issue," Mayor Jennifer Hosterman said Monday. "On one hand, we are going to be asking for additional information about what kind of crime medical marijuana dispensaries have drawn in other communities. And while that is something we want to guard against, we also want to be able to ensure that people who have life-threatening illnesses, and would benefit from medical marijuana, have the opportunity to obtain the same and not go terribly far to get it."

In 1996, state voters passed the Compassionate Use Act, or Proposition 215, which allows people who have a doctor's recommendation to use and possess marijuana for medicinal purposes without violating California law.

The state legislature adopted the Medical Marijuana Program, SB420, in 2003. It established an ID card program for users and set parameters for growing, distributing and possessing the drug.

However, marijuana is still an illegal controlled substance under federal law, and in 2005 the Supreme Court ruled that supersedes state law.

In the wake of the court's decision, many cities and counties in the state, including Pleasanton, Livermore, San Pablo, Pinole and Oakley, have adopted moratoriums on dispensaries that are still in effect. These moratoriums do not prohibit qualified patients from using medical marijuana, just the establishment of dispensaries.

Other cities have passed ordinances to prohibit dispensaries, including Concord, Dublin, San Rafael and South San Francisco. Bay Area cities and counties that have adopted regulatory ordinances allowing dispensaries include Oakland, Berkeley, Hayward, Martinez, Santa Rosa, San Jose, Santa Cruz, San Francisco and Alameda County. Alameda County will begin accepting applications for an ID card program next month.

Pleasanton council members will consider crime effects from dispensaries on neighboring communities, which police say is significant. In August, an 18-year-old Oakland man was shot and killed after he and four others tried to rob a San Leandro dispensary at gunpoint. An employee there returned fire, police reported.

In Pleasanton, police said, juveniles have been arrested for possessing marijuana that was re-sold to them after being obtained at a dispensary. And a dispensary employee's Pleasanton home was robbed of a large amount of cash from the club.

Pleasanton City Manager Nelson Fialho said whether the council decides tonight to allow or prohibit dispensaries, the moratorium still needs to be extended so staff members can craft the appropriate ordinance. He expects that ordinance would return to the council in six months.

"We thought there be more progress on the state and federal level in synching their different regulatory standards, but frankly they are still miles apart and that continues to be our concern," he said.

"We're committed to making a good land-use decision, and at this point we need a little more time."

Malaika Fraley covers Pleasanton. Reach her at mfraley@cctimes.com or 925-847-2125.

IF YOU GO:
<ul>
<li>WHAT: Public hearing and vote to extend moratorium on medical marijuana dispensaries</li>

<li>WHERE: Pleasanton City Council chamber, 200 Old Bernal Ave.</li>

<li>WHEN: 7 p.m. today</li>
</ul>

[Midnight toker]

Posted on Wed, Jul. 19, 2006

City extends pot moratorium

PLEASANTON: Council also votes to get more information about dispensaries' effects in other communities

By Malaika Fraley
CONTRA COSTA TIMES

The City Council on Tuesday stopped short of banning medical marijuana dispensaries in Pleasanton, and sought more information on the impact dispensaries have had in other communities.

"I kind of feel like the people of California voted to make medical marijuana available, and if every city and county copped out and adopted a moratorium, where does that leave the people who need it?" Vice Mayor Matt Sullivan said.

Pleasanton and dozens of other cities enacted moratoriums on the establishment of marijuana dispensaries last summer, after the Supreme Court ruled that federal law supersedes state law regarding illegal controlled substances such as marijuana.

The Pleasanton City Council voted Tuesday to extend its moratorium, which was set to expire Aug. 5, by 12 months. The extra time will allow city staff to craft an ordinance to prohibit dispensaries in Pleasanton, which could be adopted if the city determines the burden of dispensaries outweighs the benefits.

State voters passed the Compassionate Use Act, or Proposition 215, in 1996 and made medical marijuana legal for patients with a doctor's recommendation. The state legislature established parameters for medical marijuana use and an ID card program in 2003.

Councilman Steve Brozosky was the only council member to vote against a motion to study the issue further before deciding to ban dispensaries, arguing that it was a waste of city staff time because a ban is likely. He and other council members expressed distaste for the federal government for not providing regulations for marijuana despite its proven medical benefits.

"It's sort of ridiculous that we have to be dealing with a medical issue at this level," Brozosky said.

Because of the conflict between state and federal law, some cities and counties, including Concord and Dublin, have banned medical marijuana dispensaries in their jurisdictions.

Bay Area cities and counties that have adopted regulatory ordinances allowing dispensaries include Oakland, Berkeley, Hayward, Martinez, Santa Rosa, San Jose, Santa Cruz, San Francisco and Alameda County. Alameda County will begin accepting applications for an ID card program next month.

Pleasanton council members say they are wary of crime such as armed robberies and drug abuse that have resulted in communities where the so-called pot clubs have been permitted. Police Chief Tim Neil said there have been numerous instances of Pleasanton students who have been caught with medical marijuana illegally purchased from a qualified user. In some cases, 18-year-olds here have been able to obtain ID cards on the false pretense of a medical condition, he said.


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Malaika Fraley covers Pleasanton. Reach her at 925-847-2125 or mfraley@cctimes.com.