Pubdate: Tue, 01 Feb 2011 Source: Martinez News-Gazette (CA) Copyright: 2011 Gibson Publications Contact: http://www.martinezgazette.com/ Details: http://www.mapinc.org/media/5153 Authors: Greta Mart and Jenny A. Croghan Bookmark: http://www.drugsense.org/cms/geoview/n-us-ca (California) GRASSROOT EFFORTS: JUST SAY NO TO MARTINEZ CANNABIS DISPENSARIES Anti-Dispensary Contingency Ramping Up Campaign in Effort to Sway Council A contingency of residents who have previously declined to vocalize their opposition to a Martinez medical dispensary vowed this week to attend the upcoming Council meeting to air their opinions on the topic. John Fuller, a Martinez resident, father, and downtown businessman who serves on the Parks, Recreation, Marina and Cultural Commission sent out an email last Sunday stating his strong stance on medical marijuana dispensaries they don't belong in Martinez. "I just don't feel that the city of Martinez is the one to have a dispensary period," said Fuller. "Why does the Council feel that they have to be the one city that is the caretaker for the county?" As for the letter, "It was sent out to local families that I thought would be interested that the City was planning on having dispensaries," Fuller said. This past week, however, Fuller's letter circulated a bit further as it was forwarded to City officials and immediately caught the attention of several Council members through the use of the R-word recall. Fuller said, "I found the reaction was kind of funny because for the first time Council members actually reached out to me to find out what my concerns really were. Hence, the new R-word in Martinez is recall not redevelopment." "The recall was just tongue and cheek to remind the Council that family values are important," Fuller said in a phone interview on Friday. "This isn't a campaign to recall, it was sort of a wake-up call to the Council to remind them what is important to Martinez. We passed 30 million in bonds to improve our parks and recreation facilities and 45 million dollars to improve our school facilities. Both of those require more than two-thirds majority to pass, so obviously Martinez values their kids and their family life as proven by these two successful bonds passing. I think the Council has forgotten how much the citizens of Martinez value a positive family environment." Some of Fuller's sentiments were reiterated on Thursday when local real estate developer Larry Lippow sent a letter addressed to Mayor Rob Schroder and circulated to other City officials in which he states, "As a lifelong Martinez resident, businessman and father, I would like to share with you some ideas and thoughts about this issue. I believe medical marijuana dispensaries are the wrong idea for Martinez." Lippow enumerates his objections based on the fact that the federal government continues to classify cannabis as an illegal Schedule I drug. "The United States Attorney for our federal district has recently stated that any medical marijuana establishments will be vigorously prosecuted," states Lippow. "This raised the specter of armed DEA agents raiding whatever medical marijuana facility the City Council might approve ... Martinez does not need this type of publicity." However, Jack Gillund, spokesperson for U.S. Attorney Attorney Melinda Haag of the Northern District of California said Friday in a phone interview that Haag has not made any such statements. "We follow what the [U.S.] Department of Justice put out [in 2009]," said Gillund, referring to a memo issued on October 19, 2009 in which Deputy Attorney General David Ogden clarifies the federal stance on "Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana." "This memorandum provides uniform guidance to focus federal investigations and prosecutions in these States on core federal enforcement priorities," states Ogden's memo. "As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana." Asked on Friday on what he based his information, Lippow said he received it verbally from a "retired police officer." Lippow also states in his letter to Schroder that Proposition 215 [the Compassionate Use Act of 1995] "does not place the City of Martinez under any obligation to approve such dispensaries." He points out that Concord, Pleasant Hill, Walnut Creek, Orinda and Lafayette all have either a ban or a moratorium on dispensaries. "Martinez should follow the public policy example of our neighboring cities," said Lippow. Proponents of a Martinez dispensary also point to a dearth of dispensaries allowed in the Diablo Valley as another reason in their favor, as local patients in need of medical cannabis must travel to Berkeley or Oakland to obtain their medicine. City Manager Phil Vince and Deputy City Clerk Mercy Cabral confirmed this week that the controversial agenda item has been removed from the February 2 City Council meeting lineup: the first public hearing on whether the City of Martinez will allow one or more medical cannabis dispensaries to open for business. Instead the discussion is slated for the February 16 regular Council meeting. According to City staff, "the next step is for the [proposal for issue a MMD license] to go before the City Council as part of a public hearing ... the recommended changes from the Planning Commission will be incorporated into the staff report to accompany the public hearing." Local dentist Stephen Francis D.D.S. said Thursday while he has yet to weigh in on the topic in a public fashion, he plans to lodge his criticism of the idea of moving forward with the Council's Public Safety Subcommittee's plans to allow up to three dispensaries within City limits. Francis expressed surprise upon learning of the public hearing postponement. "You have all this positive core family stuff happening in Martinez," Fuller said. "How does the dispensary help all that? It doesn't. Unless you are trying to tax it, but is that really compassionate care?" - --- MAP posted-by: Richard Lake