Pubdate: Wed, 10 Feb 2010
Source: Record, The (Stockton, CA)
Copyright: 2010 The Record
Contact: http://www.recordnet.com/apps/pbcs.dll/section?Category=A_OPINION05
Website: http://www.recordnet.com/
Details: http://www.mapinc.org/media/428
Authors: David Sidersalso, and Christian Burkin,
Bookmark: http://www.mapinc.org/Topic/Dispensaries

STOCKTON MOVES AHEAD ON MEDICAL MARIJUANA POLICY

Ordinance Likely to Limit Dispensaries, Regulate Locations

STOCKTON - A policy that would allow dispensaries to  sell medical 
marijuana moved closer to adoption  Tuesday, members of the City 
Council telling staff to  draft an ordinance regulating its sale.

"We'd like to see this move quickly through the  process," Mayor Ann 
Johnston said, and an audience  consisting mostly of marijuana 
advocates applauded.

The direction to staff came at the conclusion of a rare  joint 
meeting of the council and Planning Commission at  City Hall. About 
75 people attended.

A draft ordinance is almost certain to include  provisions regulating 
the number of dispensaries -  perhaps to three - their proximity to 
schools, parks,  homes and other places, and security and other 
measures. It is also likely to include special fees.

Deputy Police Chief Mark Helms told the council that  dispensaries 
and customers are targets for criminals,  and he said, "We ask that 
you consider the excess  burden these facilities will have on police services."

California law for more than a decade has protected  patients and 
caregivers from prosecution, and marijuana  advocates frustrated by a 
federal prohibition were  emboldened last year when the Obama 
administration  instructed federal prosecutors to avoid marijuana 
prosecution when dispensaries comply with state law.

The subject was forced on the Stockton council in  November, when 
Pathways Family Health Cooperative  Counseling, a dispensary, opened 
on East Acacia Street.

Steven Cort told the council he is upset about  Pathways' proximity 
to a day care facility in the Eden  Square Building, which he owns.

"If we weren't next door with a day care center with  over 100 
children, this wouldn't be an issue," he said.  "This whole thing 
should have been closed down  immediately."

Pathways' Lynn Smith told the council his is a  nonprofit 
organization and has about 1,700 members.

He said, "We're not dealing drugs to children," and he  invited 
council members to visit the facility.

Pathways had been issued a business license to operate  a "natural 
food and supplement store," but it also  sells marijuana.

The city ordered Pathways to close, and the cooperative  appealed. 
The appeal is to be heard Feb. 23.

Another entity has proposed to sell marijuana at a  Wilson Way 
shopping complex.

The council last considered medical marijuana in 2005  and largely 
abandoned the subject.

It is unclear when the Planning Commission - and  ultimately, the 
City Council - will consider a draft  ordinance.
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MAP posted-by: Jay Bergstrom