Pubdate: Thu, 28 Apr 2005
Source: Union Democrat, The (Sonora, CA)
Copyright: 2005 Western Communications, Inc
Contact:  http://uniondemocrat.com/
Details: http://www.mapinc.org/media/846
Author: Chris Nichols
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

WOMAN PUTS POT DISPENSARY PLANS ON HOLD

A San Andreas woman's plans to open Calaveras County's first medical 
marijuana dispensary are apparently on hold.

Kim Cue says intimidating comments made by Sheriff Dennis Downum have 
caused her to delay the opening of her dispensary, or cannabis club.

Downum says his comments, made at several public meetings over the last 
year, were not meant to threaten Cue. Rather, said the sheriff, he meant to 
advise county officials about the threat to public safety some dispensaries 
have caused in other counties.

Downum said he has never spoken with Cue.

He maintains, however, that federal law enforcement would likely shut down 
any cannabis clubs that open in the county.

While Downum has said he would not notify federal authorities if a 
dispensary opened, he has pledged to cooperate if agents come in to shut it 
down.

County supervisors in February passed an ordinance regulating where and how 
the dispensaries can operate. That move was spurred by Cue, when she in 
September applied to open a club in San Andreas.

"It's tiring, it's frustrating. Sometimes it's overwhelming," said Cue, who 
said she wanted to open the club at 154 E. Saint Charles St. in San Andreas 
but is now hesitant to do so.

"It literally comes down to one person and that's Downum," she said.

Planning Department Director Bob Sellman said he has not yet received an 
application to open a dispensary at the San Andreas site.

Downum said Cue's plans are likely on hold because she is waiting for a 
Supreme Court decision on a medical marijuana case, not because of his 
comments.

"Everybody's waiting for that court decision," Downum said. "Everybody's on 
hold."

The case, Raich v. Ashcroft, involves Oakland woman Angel Raich who sued 
the federal government in 2002 for interfering with her right to use 
medical marijuana under state law.

California voters passed the Compassionate Use Act in 1996, allowing for 
the limited sale and harvest of marijuana for medicinal purposes.

Cue says she is very interested in the case, in which a ruling is expected 
in early May. But she added that it's not the only factor in her decision.

Downum's comments have done just as much to make her wait, she said.

Waiting is something Hilary McQuie of Americans for Safe Access, a medical 
marijuana advocacy group, said Cue should not have to do.

McQuie said individuals and many cities and counties are misinformed about 
the Raich case. She said the decision will affect individuals who grow 
medical marijuana but won't have any immediate impact on those who operate 
dispensaries.

"I know that (case) is why they're waiting," McQuie said. "Legally, they 
don't need to be doing that, and they shouldn't be."

McQuie noted she has not heard of cases where sheriffs have intimidated 
individuals who want to open cannabis clubs. She added, however, local law 
enforcement has no obligation to cooperate with federal officials who might 
raid a dispensary.

Assistant County Counsel David Sirias confirmed there is no obligation, 
adding Downum would make the call on whether to cooperate.

"It would be totally up to him," he said.
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MAP posted-by: Jay Bergstrom