Pubdate: Sun, 15 May 2005
Source: Contra Costa Times (CA)
Copyright: 2005 Knight Ridder
Contact:  http://www.contracostatimes.com/
Details: http://www.mapinc.org/media/96
Author: Tom Lochner, Contra Costa Times
Cited: Americans for Safe Access http://www.safeaccessnow.org/
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/topics/moratorium

SAN PABLO MULLS MARIJUANA CLUB BAN

The San Pablo City Council will discuss a moratorium on medical marijuana 
dispensaries now that a former council candidate has queried the city about 
opening one.

Espo, who uses a single name, ran last among five council candidates in 
November, advocating a good Christian attitude and love of sports, God and 
Billy Graham. But he did not mention marijuana.

He has written the city a letter proposing a "High Times Pot Club in the 
City of New Directions."

"There's a right way to get high and enjoy it with no problems, amigos," 
Espo said in his letter, which also touches on transportation, Casino San 
Pablo, Geronimo and Pancho Villa. His wife's mother has cancer and needs 
medical marijuana, he added.

"Sooner or later somebody was going to step up to the plate," Espo said in 
a telephone interview Friday. "I'm glad I did it."

Espo's is the only query so far, Planning Manager Albert Lopez and City 
Attorney Brian Libow said in a report to the council.

Current rules would not require Espo to obtain a city permit, they write.

Libow told the council members they could enact a 45-day moratorium by a 
four-fifths vote and then extend it for nearly two years.

He said other cities, which he did not name, have seen an upsurge of 
loitering, burglary, parking and traffic violations, and complaints from 
neighbors, he said.

A moratorium would give the city time to regulate the location and 
operation of dispensaries and manage safety effects, he said.

Kris Hermes, spokesman for the Oakland-based Americans for Safe Access, a 
medical marijuana and patient rights advocacy group, said he was not in a 
position to comment on the seriousness or merit of any individual proposal 
for a dispensary.

However, he said, "In our experience, the vast majority of people who 
attempt to open a dispensing facility are doing it with integrity, to come 
to the aid of patients."

A city moratorium, Hermes said, is "not the smart way to go."

"Moratoriums are punitive against patients. They're not necessary to arrive 
at sensible regulations. The city has the discretion to say who shall 
operate and who shall not."

In 1996 state voters passed Proposition 215, allowing people to possess and 
grow marijuana for medical use if a doctor recommends it.

Americans for Safe Access has created a sample ordinance. Several cities 
and counties have enacted ordinances. "That means that there are plenty of 
places to get information on how to proceed," Hermes said.

San Pablo would be at least the third East Bay city to vote on a moratorium 
this month. Albany's City Council passed a 45-day moratorium May 2. Pinole 
passed a 12-month one the next day.

Moratoriums enacted last year in El Cerrito and Emeryville remain in effect. 
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MAP posted-by: Richard Lake