Pubdate: Wed, 02 Dec 2009
Source: Gilroy Dispatch, The (CA)
Copyright: 2009 The Gilroy Dispatch
Contact:  http://www.gilroydispatch.com/
Details: http://www.mapinc.org/media/3377
Author: Jonathan Partridge
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

CITY ABUZZ WITH DISPENSARY DEBATE

Opponents of Gilroy's medical marijuana dispensary are gathering
signatures to present to the City Council next week, while MediLeaf
claims it has nearly 500 Gilroy members.

Meanwhile, police have taken a few reports during the last few weeks
of medical cannabis being found around youths, although none have been
tied to MediLeaf.

It is still unknown whether Judge Mary Jo Levinger will grant the city
an injunction to close down MediLeaf on Dec. 14, but one thing is
certain: The dispensary will continue to be a hot topic in Gilroy in
the weeks to come.

"What's bothering me is that (MediLeaf) is dividing Gilroy, and now
they're dividing the City Council," said Karin Clements, president of
the Glen View Elementary School Parent Club.

Clements said this week that she had gathered 95 signatures of people
who supported the City Council's decision to close the dispensary. Las
Animas Elementary School Parent Club President Lisa Correnti had
authored the petition and also was gathering signatures, Clements
said. The petition will be presented to the City Council on Monday.

MediLeaf will be the topic of discussion once again at this week's
council meeting, as Councilman Craig Gartman has asked that the
council discuss whether the city has given MediLeaf due process.

Gartman, who supported an ordinance that would have regulated medical
cannabis dispensaries, contends that city staff have overstepped their
boundaries by refusing to grant MediLeaf a business license outright
rather than allowing the planning commission and the City Council to
decide on the matter. He also believes the city needs to be more open
in its dealings with MediLeaf. Gartman joined council members Perry
Woodward and Peter Arellano members in boycotting a Nov. 16 closed
session about litigation against the dispensary because he thought
that information regarding zoning and licensing issues should have
been discussed publicly.

The council members who attended the meeting approved a resolution
calling for the city attorney to take legal action to shut down the
dispensary. In response, one of MediLeaf's directors, Goyko "Batzi"
Kuburovich, has written a letter to Gilroy City Council members
alleging that the council had violated the Ralph M. Brown Act, the
state law that aims to ensure that public matters are discussed
publicly, as well as the city's Open Government Ordinance.

City Attorney Linda Callon has said the matters discussed in the
closed session all related to litigation and therefore could all be
legally discussed in private.

Kuburovich did not return calls seeking comment this week. However,
MediLeaf ombudsman Eric Madigan said the collective has about 650
members and that nearly 500 are from Gilroy.

Legal notices indicate that the home of Kuburovich and his wife and
fellow director Patricia Kuburovich went into foreclosure in July.
However, Madigan said it will have no impact on the finances of the
collective, which is owned by its members.

Gilroy Police Chief Denise Turner said this week that she has asked
officers to report any specific problems related to MediLeaf. So far,
she said she has not heard of any crime-related issues.

MediLeaf's cannabis comes in bar-coded bags, Madigan said, so it is
easily identifiable.

Meanwhile, police say they have had to contend with a few issues
regarding medical cannabis landing in the hands of youths during the
past week.

On Nov. 25, police arrested 21-year-old Lino Ramirez Ortiz and four
male youths on the 600 block of Sherwood Drive after a probation
officer noticed them smoking marijuana inside a parked vehicle, Sgt.
Jim Gillio said. The cannabis was found inside a jar that was labeled
"For Medicinal Use Only" and the words "Bubba Kush Indica 3.5 grams
#120." The youths also were found with alcohol, Gillio said.

Madigan said Ortiz, who was arrested last week, is not a MediLeaf
member, and the local cooperative's marijuana never comes in jars or
plastic containers.

Police also arrested 20-year-old Gilroy resident Stephen French from
Salinas on Thursday who initially said that marijuana found within his
vehicle was used by his father for medicinal purposes before he
finally admitted it was his own, Gillio said.

In another instance, police responded to a loud party on the 7400
block of Rogers Lane early Sunday, where youths were found using
alcohol and marijuana. A 29-year-old man in the apartment was found
with medicinal cannabis from an Oakland dispensary, but Gillio said
there was no proof that it was the same marijuana that the youths had
been using.

A few concerned residents also reported that a first-grade teacher had
found an empty bag of medicinal marijuana from the Santa Clara-based
Angel's Care Collective this week. However, principal Scott Otteson
could not be reached for comment this week.

Madigan indicated dispensaries lower the amount of drug-related crimes
by taking marijuana out of the hands of criminals.

"We're bringing down the marijuana-related incidents," he said. 
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