Pubdate: Tue, 08 Feb 2005 Source: Record, The (Stockton, CA) Copyright: 2005 The Record Contact: http://www.recordnet.com/ Details: http://www.mapinc.org/media/428 Author: Francis P. Garland, Lode Bureau Chief Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) VOTE MAY CLEAR WAY FOR LODE POT DISPENSARY SAN ANDREAS -- A San Andreas woman said Monday she hopes to open Calaveras County's first medical marijuana dispensary by April 1. But if Sheriff Dennis Downum's hunch is correct, Kim Cue's new business could be closed shortly after it opens. Cue, who had been working for months to open a dispensary but was rebuffed by county officials, earned the right to proceed Monday when the Board of Supervisors introduced an ordinance that would regulate such businesses. The new ordinance, which will get a second review next week, would restrict dispensaries to professional office space not within 1,000 feet of any school, public library, park or youth-oriented establishments. Cue said after Monday's meeting that she had two potential dispensary sites in mind, both on Highway 49, and was looking forward to evaluating both sites. Cue and several of her supporters said they were relieved and pleased that the county finally approved the dispensary idea. "I'm very happy our voices were heard," she said. Beverly Holst, an Arnold resident who said she has a doctor's recommendation to use medical marijuana, called the board's vote "very important." Holst said she has had to drive great distances to obtain marijuana at a dispensary or resort to obtaining it illegally. The new dispensary law, she said, would remove the element of danger and improve her self-esteem. But that improvement could be short-lived if Downum's prediction of a federal law enforcement shutdown comes true. "It'll happen -- there's no doubt about it," Downum said. "It's just a question of when. "I'm looking for the feds to drive into town to seize the building." Downum told supervisors that if they approved the ordinance, they should include language that would protect the county if federal officials did seize any dispensary property. Downum said a Roseville man who opened a dispensary there had sued the city for allowing him to open the business after federal officials seized it. Cue had sought to open a medical marijuana dispensary last year but was turned down because the county had no laws regulating such businesses. Supervisors last year considered a proposed dispensary ordinance but it remained in limbo because former Supervisor Paul Stein's resignation left the board in a 2-2 deadlock on the issue. Newly elected District 2 Supervisor Steve Wilensky essentially broke the tie Monday when he voted in favor of the ordinance. Wilensky said that given California voters' approval of Proposition 215, which permits people with certain illnesses to use marijuana with a doctor's recommendation, the county should have laws in place that regulate dispensaries. Otherwise, Wilensky said, the county could be subject to a legal challenge. Wilensky also said the government should not intervene in doctor-patient relationships. Supervisors Merita Callaway and Tom Tryon also supported the ordinance. Callaway said legalizing dispensaries would eliminate "street buying" and remove the criminal aspect of obtaining medical marijuana. She also said if problems surface, the county could always revoke the permit, which would be good for one year but could be renewed. Board Chairwoman Victoria Erickson and Supervisor Bill Claudino both opposed the ordinance, saying that no suitable locations existed in the county for such businesses. Claudino also said overseeing such an operation would put "unreasonable obligations" on local law enforcement and other responsible county agencies.