Pubdate: Sun, 22 Nov 2009
Source: Chico Enterprise-Record (CA)
Copyright: 2009 Chico Enterprise-Record
Contact: http://www.chicoer.com/feedback
Website: http://www.chicoer.com/
Details: http://www.mapinc.org/media/861
Note: Letters from newspaper's circulation area receive publishing priority
Author: Toni Scott, Staff Writer
Bookmark: http://www.mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - United States)

CHICO POT DISPENSARY LIKELY TO FACE CHALLENGES

CHICO -- Dylan Tellesen is looking for the city of Chico to step up 
in what he says is an extremely urgent issue -- medical marijuana dispensaries.

A local artist, Butte College instructor and most recently, executive 
director of Citizen Collective, a proposed medical marijuana 
dispensing collective, Tellesen said the need for a legitimate and 
safe dispensary locally is great.

Holding a prescription for medical marijuana himself, Tellesen, who 
suffers from debilitating migraines, has a vision for what he 
believes could be a terrific community service. He says Citizen 
Collective would provide medical relief to local residents in an 
environment similar to a pharmacy and offer medical marijuana users a 
place to go that isn't a "shoddy and unprofessional" operation out of 
someone's home.

The dispensary would employ well-trained staff who have undergone 
background checks, would provide educational classes to patients and 
would work hand-in-hand with city and law enforcement officials, Tellesen said.

"Citizen Collective would provide access to patients in a way that's 
ethical, safe and comfortable," Tellesen said. "It's just a safer 
model; it's more legitimate."

But local officials say there are several roadblocks preventing 
Tellesen's plans, namely the legality of storefront dispensaries.

Tellesen has focused much of his efforts on encouraging a city 
ordinance that would provide for the zoning of dispensaries.

Zoning laws operate in a way that a specific use is authorized for a 
particular area. That use must be explicitly identified, and if it is 
not, the use is prohibited in that zone.

Assistant City Manager John Rucker, who is the city's designated 
expert on the topic of dispensaries, said medical marijuana 
dispensaries are not identified for use in any Chico zone.

"They are not permitted under our zoning," Rucker said. "We are quite 
firm about that."

Rucker said the municipal code would need to be amended in order to 
allow dispensaries to exist within the city limits. Citizens can 
apply to change the zoning ordinance.

As of Friday, Rucker said no person or group has applied to change 
the current zoning regulations to allow medical marijuana dispensaries.

But Rucker said even if Tellesen applied to change the city's zoning 
regulations and was successful in that endeavor, he would still come 
up against a much larger hurdle: criminal prosecution.

"The zoning is not going to influence the criminality of 
dispensaries," Rucker said.

Butte County District Attorney Mike Ramsey said even if a city zoning 
amendment passed to allow dispensaries, they would still be illegal 
and operators would be engaging in criminal activity.

"The law does not allow for the sale of marijuana," Ramsey said. "It 
is clearly illegal."

So why are dispensaries popping up in other cities around California 
with what appears to be little legal recourse?

Ramsey said Proposition 215, which legalizes the use of marijuana for 
medical purposes, is "notoriously vague" and that "dispensaries have 
always hidden in the shadows" of the 1996 proposition. The ambiguity 
in the language of the law ultimately creates a subjective 
interpretation of it, with some cities and counties clearing the way 
for dispensaries while others have closed their doors to them.

Although the language of the law may be unclear, one thing is certain 
in Butte County -- the person charged with interpreting the laws 
locally has deemed storefront dispensaries illegal. Until and unless 
a California Supreme Court decision or California voters choose 
otherwise, it seems as though Ramsey's legal interpretation of 
Proposition 215 stands and those who choose to ignore it could face 
criminal prosecution.

Still, with dispensaries dominating most city, county and state 
discussions, the city of Chico will certainly be faced with taking a 
stance on the sale of medical marijuana sooner or later.

Tellesen, who said he is "primed and ready to go" with Citizen 
Collective, hopes that conversation will be pushed to the forefront 
of the city's priorities.

Even though Tellesen does stand to gain if dispensaries are allowed 
to operate, he said he is more concerned about what Chico could lose 
should the city fail to take immediate action.

"Other cities have put their heads in the sand," Tellesen said. "It 
forces patients into the black market."

Tellesen said many collectives and cooperatives -- which Ramsey and 
Rucker both admit are legal -- are already illegally selling medical 
marijuana in unsafe environments. Rucker admitted there may be some 
illegal dispensaries in operation in Chico.

If Chico enacts an ordinance allowing zoning for dispensaries, 
Tellesen said it allows a mechanism for the enforcement of 
dispensaries and ultimately provides a safer community for all residents.

"This is a real opportunity to do something great for our city," Tellesen said.

The city is already in the process of drafting an ordinance 
prohibiting the outdoor cultivation of medical marijuana, which is 
expected to go before the Internal Affairs Committee late this year 
or early next year.

Tellesen plans to formally present his ideas for Citizen Collective 
at that time and said he is looking for Chico officials to take a 
"leadership role" in a discussion being debated throughout California.
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MAP posted-by: Richard Lake