Pubdate: Thu, 03 May 2007
Source: Contra Costa Times (CA)
Copyright: 2007 Knight Ridder
Contact:  http://www.contracostatimes.com/
Details: http://www.mapinc.org/media/96
Author: Tom Lochner
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

CITY EFFECTIVELY BANS MEDICAL MARIJUANA

Pinole: Council Tries To Balance Voters' Will And Federal Law, Saying 
Clubs 'Shall Be Allowed,' When Legal

Without appearing to take sides in the standoff over medical 
marijuana between the state and federal government, the Pinole City 
Council has enacted what amounts to a ban on cannabis clubs.

Under Pinole's ordinance, a medical marijuana dispensary or 
cooperative "shall be allowed," but "only if consistent with state 
and federal law."

The state recognizes medical marijuana, but the federal government 
holds that marijuana is an illegal drug with no medical value.

The vote Tuesday was 4-0, with Councilman Peter Murray absent. No 
member of the public spoke to the issue. The ordinance will go before 
the council for a second vote May 15.

Aside from recreational uses, marijuana is used to alleviate 
discomfort caused by an array of ailments, including chronic pain, 
AIDS, cancer, multiple sclerosis, epilepsy, nausea, appetite loss and anxiety.

In 1996, state voters approved the Compassionate Use Act, which 
authorizes the cultivation and use of medical marijuana upon a 
doctor's recommendation. In 2003, SB420 set guidelines for 
distribution of the drug.

The federal Controlled Substances Act puts marijuana in the same 
class as heroin and LSD: drugs with a high potential for abuse and no 
medical use. In 2005, the U.S. Supreme Court affirmed the federal 
government's power to enforce federal marijuana laws even in states 
such as California that recognize the drug as a medicine.

Pinole's ordinance acknowledges the intent of the city's voters, who 
favored the

Compassionate Use Act along with the rest of the state, but it also 
acknowledges the federal ban, Assistant City Attorney Inga Lintvedt 
said. City Attorney Ben Reyes said that if and when the federal 
government recognizes medical marijuana, the council could regulate 
cannabis clubs.

The ordinance adopted Tuesday was among four alternatives Lintvedt 
presented. The others were to regulate dispensaries, including their 
locations and hours of operation; ban them; or treat them the same as 
pharmacies and clinics under existing zoning regulations.

Elsewhere in West Contra Costa, San Pablo and El Cerrito banned 
medical marijuana dispensaries last year. Hercules, also last year, 
banned medical marijuana without mentioning it by name, prohibiting 
the issuance of a business license to "any business which violates 
state or federal law."

Richmond has no ordinance but says that because its codes do not 
address cannabis clubs, they are illegal -- a view contradicted by 
the multitude of cities and counties that have enacted moratoriums 
while they attempt to craft ordinances. A cannabis club remains in 
business near Hilltop mall.

In April, Contra Costa County extended a moratorium on the opening of 
new dispensaries in unincorporated areas for a year.
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MAP posted-by: Beth Wehrman