Pubdate: Sun, 06 Jun 2004 Source: Auburn Journal (CA) Copyright: 2004 Gold Country Media Contact: http://www.auburnjournal.com/ Details: http://www.mapinc.org/media/530 Author: Erin Gallup-Main, Journal Staff Writer Bookmark: http://www.mapinc.org/kubby.htm (Kubby, Steve) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) CITY TO WEIGH MEDICAL POT BUSINESS RESTRICTIONS Police Chief Nick Willick said he doesn't want a medical marijuana distributor near Auburn schools, churches or neighborhoods. But that could happen. That's why he prepared a draft ordinance for the City Council to review at the first of two public hearings at 6 p.m. June 14 at City Hall. "We don't have anybody knocking on the door " Willick said. "Since voters voted for this (Proposition 215) and Legislature passed the law (Senate Bill 420), I want to give as much protection to the citizens as possible. If one of these businesses were to open up in Auburn, we want to have as many safeguards as the law allows, in place." The police chief said he is proposing an ordinance that would require medical marijuana dispensers to not only comply with business zones and health and safe codes, but limit hours of operation. The police department plans to conduct background checks on all employees working at the nonprofit businesses. Willick said distributors would not be allowed 1,000 feet from churches, schools and residential areas. And if a business applicant disagrees with the chief's assessment of a background check, they can appeal. Placer County's most famous medical marijuana advocate, Steve Kubby, said he is working on clearing his name from his three-year home of Canada after a 1999 Sheriff's Department raid on his Olympic Valley home. That resulted in a felony conviction for possession of mescaline in a peyote button and a misdemeanor for possession of a magic mushroom in 2001. Convictions for marijuana possession were dropped. The former Libertarian Party gubernatorial candidate described Auburn-area law officials as "zero-tolerance bigots" on Friday and said Willick's draft of the ordinance would only hinder the ill's ability to medicate themselves. "None of this will stop people who want to smoke pot from smoking it," said the adrenal cancer patient as he lit up a joint. "But it will stop the sick people who have a bona fide use for it." Kubby said if he returned to Auburn, he would be arrested and put in jail with no access to the drug that controls his blood pressure. He said that would kill him. "(Placer County law enforcement) don't believe in medical marijuana," Kubby said. "They think everyone involved in it is a criminal." But new Colfax medical marijuana store owners, Jim Henry and Cheryle Riendeau, said they've had good experiences with law officials in Placer County, compared to Nevada County. Nevada County District Attorney Michael Ferguson said it's his job to prosecute those not following the law. Ferguson said the law does not allow for the sale of marijuana -- only its growth by patients doctors have prescribed the medicine to. "The law isn't clear, but in my opinion (opening a business is) illegal," he said Friday. Placer County Undersheriff Steve D'Arcy agreed that the law is confusing. "I think there'll be more litigation regarding whether cities can ban stores or not in the civil process," D'Arcy said. "(Elected officials) can make regulations so difficult that it's too expensive to operate in your jurisdiction." He said his main concern of the store in Colfax and another in Roseville, is safety. "Just like a pharmacy, they have drugs that some people in our community would forcefully take, so I've talked to the owners of the (Colfax) business about security issues," D'Arcy said. Auburn resident Adam Parham said he appreciates work that results in medical marijuana distributors. The 44-year-old said a doctor prescribed marijuana for his mother when she had cancer. "It made her feel better and kept her from (throwing up) when she was on chemotherapy," he said. "She didn't abuse it or get addicted to it." However, 19-year-old Auburn resident T.J. Smith said marijuana is not beneficial. "It counteracts with (patients') medicine they're using," Smith said. "It shouldn't be legal anyway." - --- MAP posted-by: Richard Lake