Pubdate: Fri, 19 Aug 2005
Source: Pleasanton Weekly (CA)
Copyright: 2005 Embarcadero Publishing Company
Contact:  http://www.pleasantonweekly.com/index.shtml
Details: http://www.mapinc.org/media/3892
Author: Jeb Bing
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)

CITY BANS CANNABIS OUTLETS FOR 45 DAYS

Concern, Though, For Those Who Need Medical Marijuana

The Pleasanton City Council voted Tuesday to adopt a 45-day ban on medical 
marijuana dispensaries here, but not without expressing concern for those 
who need the drug to relieve pain for cancer and other serious illnesses 
and are having trouble obtaining it.

State law allows individuals to use marijuana for medical purposes with a 
doctor's recommendation under guidelines established by Proposition 215, 
the so-called "Compassionate Use Act of 1996" that California voters 
approved. Federal law, however, prohibits the dispensing of marijuana for 
any use and, legal experts have said, trumps the California state law.

Pleasanton's action was in concert with a similar move Tuesday night by the 
Dublin City Council, and follows similar actions by other California 
communities and counties. The moratorium on allowing cannabis dispensaries 
follows reports by law officers that the establishments are selling 
marijuana to those with questionable doctor prescriptions who then re-sell 
the pot or smoke it for pleasure. A county deputy sheriff who spied on a 
dispensary in San Leandro said he found no "patients" buying the marijuana 
packets who appeared to have any health problems.

Police Chief Tim Neal, who recommended the 45-day ban, told the council 
that his own mother, who died of pancreatic cancer in 2002, used Marinol, a 
capsule form of the active ingredient in marijuana, to ease her pain. He 
said he is also on the board of Hope Hospice, an organization that works to 
obtain Class I painkillers like Marinol to help dying patients.

"But the cannabis clubs are not following the provisions of Prop. 215," 
Neal said. "They are unregulated outlets that could be opened anywhere in 
Pleasanton where a pharmacy could go, in your neighborhood shopping center, 
for instance. They would be an open invitation for abuse."

The need for the ban became apparent after San Francisco, Oakland and 
several West County cities started closing down dispensaries after finding 
sales abuses. Moving east toward cities that have been less concerned about 
marijuana problems, dispensary investors spotted Pleasanton and nearby 
cities. At least one inquiry has been made as to how long it would take to 
receive an operating permit here.

Although under Prop. 215 seriously ill Californians have the right to 
obtain and use marijuana for medical purposes, serious issues have arisen 
in its implementation. The guidelines, according to Neal, are so loose that 
it's hard to tell who can legally buy and possess marijuana. In addition, 
there has been no federal recognition of medical marijuana, causing 
conflicts between federal and state laws. Police recently found two 
marijuana plants in a man's apartment that he was harvesting to provide 
medical relief to his wife, with a doctor's permit to do so. They chose not 
to charge the owner nor seize the plants under Prop. 215, although federal 
law states that the plants are illegal.

"This ban has nothing to do with the merits of medical marijuana 
dispensaries, but only addresses our short term concerns," said Mayor 
Jennifer Hosterman after Tuesday's vote." Pleasanton residents who are 
legitimately using marijuana for medical purposes will be permitted to do so."

Councilwoman Cindy McGovern said an Alameda County Supervisor has suggested 
opening a medical marijuana dispensary at the county hospital where its 
sale could be tightly controlled. Others on the council said that might be 
an approach to follow locally.

City Atty. Michael Roush said the council will have to reconsider its 
moratorium on dispensaries in Pleasanton within 45 days. The ban can then 
be continued two more times for a total of about two years, but not after that.
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MAP posted-by: Beth