Pubdate: Mon, 01 May 2006
Source: Contra Costa Times (CA)
Copyright: 2006 Knight Ridder
Contact:  http://www.contracostatimes.com/
Details: http://www.mapinc.org/media/96
Author: Tom Lochner
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

COUNCIL REVISITS POT CLUB MORATORIUM

SAN PABLO: Yearlong Extension Of Ordinance Stopping Openings Of New 
Facilities Faces Vote Tonight

San Pablo could become the latest East Bay city to punt  -- and more 
than once -- on the issue of medical  marijuana. Tonight the City 
Council is expected to vote  on an emergency ordinance that would 
extend for a  second year a moratorium on medical marijuana 
dispensaries, popularly known as cannabis clubs.

The point of the moratorium, according to the text of  the ordinance, 
is to protect the public from possible  adverse effects of cannabis 
clubs locally while the  conflict on medical marijuana between the 
state and the  federal government plays out.

In a report to the council, City Attorney Brian Libow  also raises 
the specter that the City Council could be  accused of aiding and 
abetting a federal crime if it  permits medical marijuana dispensaries.

In 1996, California voters approved the medical use of  marijuana on 
the recommendation of a doctor. The  federal government, however, 
classifies marijuana as an  illegal drug with no medical use.

About 50 California cities have moratoriums on the  openings of 
cannabis clubs. Twenty-four cities and  three counties have 
ordinances to regulate them and  about 15 cities have bans, according 
to Libow's report.

Albany and Pinole extended their moratoriums for a  second year in 
April; Oakley did so in March.

Concord banned medical marijuana dispensaries last year  and has been 
sued in a state court by Americans For  Safe Access, a 
patient-advocacy group. Many cities are  watching that case as well 
as another suit by the same  group against the city of Fresno. But 
Albany City  Attorney Robert Zweben said in April, "We won't see an 
appellate court decision for probably a year or more"  in those cases.

Cities with no reference to cannabis clubs in their  zoning 
ordinances lack a legal mechanism to stop them  from opening unless 
they enact moratoriums. Even then,  dispensaries that already exist 
remain, at least for  the time being. It is to avoid such a scenario 
that San Pablo enacted its initial 45-day moratorium in May 2005  and 
a subsequent 101/2-month extension that expires May  15.

San Pablo has received one inquiry from someone seeking  to open a 
cannabis club and can expect to receive more,  Libow said in his report.

Among possible adverse effects of cannabis clubs he  cited were 
loitering, parking and traffic violations,  increased vehicular and 
pedestrian traffic, complaints  from neighbors and crimes such as burglary.

Libow said state Attorney General Bill Lockyer is  considering 
issuing a legal opinion whether government  employees in the state 
violate the federal law when  they issue medical marijuana ID cards, 
or similarly if  a police officer returns marijuana to someone who 
shows  such an ID card or if a judge orders the return of  marijuana 
to a patient.

The same question could be applied to a city council  that passes a 
medical marijuana regulating ordinance,  Libow argued.

A 2005 U.S. Supreme Court cases affirmed the federal  government's 
right to prosecute people who use medical  marijuana even in states 
that permit the use.
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MAP posted-by: Jay Bergstrom