Pubdate: Wed, 26 Jul 2006
Source: Folsom Telegraph (CA)
Contact: 
http://www.folsomtelegraph.com/shared-content/perform/?domain_name=folsomtelegraph.com&form_template=letters
Copyright: 2006 Gold Country Media
Website: http://folsomtelegraph.com
Details: http://www.mapinc.org/media/4216
Author: Raheem Hosseini
Cited: Marijuana Policy Project http://www.mpp.org
Cited: American Alliance For Medical Cannabis http://www.letfreedomgrow.com
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)
Bookmark: http://www.mapinc.org/topics/Marijuana+Policy+Project

BAN ON MEDICAL POT STORES STAYS

With its temporary moratorium set to expire, the Folsom City Council 
was expected to adopt a permanent ban against operating medical 
marijuana dispensaries in the city at last night's meeting.

Citing a conflict between state and federal law and a feared burden 
on police services, city council members held a public hearing on the 
prohibitive ordinance at its July 11 meeting. No residents stepped 
forward to offer comments.

Interim Assistant Community Development Department Director Gail 
Furness De Pardo said last week she couldn't see "why it wouldn't be 
adopted." Results of the meeting were unknown at press time.

No dispensaries have sought to open in the city, she added. "This is 
more just making sure there wouldn't be any conflict."

Both Roseville and Rocklin have adopted similar bans. Elk Grove has 
adopted prohibitive measures that make opening a dispensary in the 
city difficult.

"There are a number of communities that prohibit or to some degree 
legislate whether dispensaries can operate," said Folsom Police 
Captain Paul Bonaventure.

While California voters approved Proposition 215, which allows the 
use of medicinal marijuana with a doctor's recommendation, 
Bonaventure said the decision to allow dispensaries to operate 
remains a community decision. "There's nothing in the law that says 
you have to put in a dispensary or allow a dispensary."

The impetus for the original moratorium came in 2004, shortly after 
the state Legislature adopted a voluntary identification card program 
for qualified patients and primary caregivers, among other regulations.

Federal law still prohibits the possession and use of controlled 
substances. Nor does it make a distinction when it comes to medicinal 
marijuana users.

The conflict between states' rights and federal law has seen clashes 
in the past, with a Roseville dispensary closing after a federal raid 
in 2004. The city ultimately repealed its ordinance allowing such 
dispensaries to operate.

As recently as April, federal drug enforcement agents raided a 
medical marijuana store in midtown Sacramento.

But Bruce Mirken of Marijuana Policy Project says a fear of federal 
raids isn't a good reason to prohibit dispensaries from operating. 
"The Feds have really gone after very few of these establishments," 
he said, adding that by honoring voters' decision to approve "The 
Compassionate Use Act of 1996," California will "drag the federal 
government kicking and screaming into the 21st century."

As for the argument that dispensaries would increase the burden on 
police resources, medicinal marijuana advocates call the notion 
counterintuitive.

"I have yet to see any convincing proof of it," said Mirken. "(These 
arguments) get trotted out without any evidence that they're true."

Both Mirken and Ryan Landers, political affairs director for The 
American Alliance For Medical Cannabis, say regulating these 
facilities and bringing them above ground would actually lessen the 
burden on law enforcement.

"That is ultimately what Sacramento realized," said Landers. Half a 
dozen dispensaries have been operating in the city without any 
significant issues, he added. "Ultimately, we're better neighbors 
than any other business I've ever seen."

Bonaventure said he couldn't comment on whether regulated 
dispensaries would lessen people's reliance on street dealers, but 
pointed to other communities that have adopted similar bans because 
of law enforcement issues.

At a drugs and sexual predators forum in May, Folsom law enforcement 
officials said drug complaints had tripled since last year and that 
marijuana use is "huge" among teenagers.

But Landers says it is the patients - dealing with issues ranging 
from chronic pain to terminal illness - who are being victimized. 
"You can't just dump your problem on other cities," Landers said.

"There's no doubt these dispensaries provide a necessary and useful 
benefit. Patients shouldn't have to get their medicine on the 
street," added Mirken. "There's no reason that a medical marijuana 
dispensary needs to be treated differently than any other business 
that needs a little oversight," he said, pointing to stores that sell 
prescription medicines.
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MAP posted-by: Richard Lake