Pubdate: Wed, 26 Oct 2011
Source: Chico Enterprise-Record (CA)
Copyright: 2011 Chico Enterprise-Record
Contact:  http://www.chicoer.com/
Details: http://www.mapinc.org/media/861
Note: Letters from newspaper's circulation area receive publishing priority
Author: Roger H. Aylworth
Bookmark: http://www.mapinc.org/topic/Dispensaries

BUTTE COUNTY SUPERVISORS FORMALIZE POT DISPENSARY BAN

OROVILLE -- Medical marijuana dispensaries have officially been 
banned in all unincorporated areas of Butte County.

In a unanimous vote Tuesday, the Board of Supervisors made permanent 
an interim ordinance banning dispensaries that was passed in January 2010.

But according to Butte County Counsel Bruce Alpert, such facilities 
were illegal before any vote was taken.

Alpert said there had been suggestions among some in the medical 
marijuana community that pre-existing dispensaries would be allowed 
or "grandfathered in" even if the ban was approved.

"That is an erroneous assumption," he said.

Alpert explained that dispensaries - places where people with medical 
marijuana recommendations can purchase cannabis - "have never been 
allowed under our code and this would formalize that."

He also said the ordinance, which goes into effect in 30 days, is a 
land use measure and not a criminal matter, and violations will not 
be prosecuted criminally.

In the past, capacity crowds have jammed the supervisors' chambers 
anytime a medical marijuana matter was on the agenda. This time the 
discussion took just a bit over half an hour and only a handful of 
people spoke on the topic.

Richard Tognoli, a former dispensary operator, told the supervisors 
they are taking medicine away from "the real people, the people with 
the missing limbs, the people with cancer."

Suggesting that the supervisors had already made up their minds 
before the meeting began, Tognoli said, "I feel like I came to talk 
to the wall today."

Alpert said the dispensary ordinance does not have any impact on 
people growing their own marijuana under Proposition 215, which 
allows cultivation of marijuana by people who have recommendations.

Alpert also said the U.S. Department of Justice has sent 
notifications to dispensary operators, landlords and local government 
officials that it is a federal felony to operate such facilities.

Gordon Dise, speaking in opposition to the ordinance, argued that 
constitutionally state and local officials cannot enforce federal 
laws, and therefore the ordinance was invalid.

Andrew Merkel, vice president of the now-closed marijuana dispensary 
North Valley Holistic Health, said passage of the ban would force 
people to seek the drug on the black market.

Chico Supervisor Maureen Kirk said she felt sympathy for people who 
need the marijuana and that she wished "there was some way legitimate 
users could get it," but she was concerned about the federal crackdown.

On a motion by Supervisor Larry Wahl of Chico, and seconded by 
Oroville Supervisor Bill Connelly, the board voted unanimously to 
adopt the ordinance.
- ---
MAP posted-by: Jay Bergstrom