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. - --- MAP posted-by: Beth Wehrman