Pubdate: Sun, 30 Jun 2013
Source: Bakersfield Californian, The (CA)
Copyright: 2013 The Bakersfield Californian
Contact:  http://www.bakersfield.com/
Details: http://www.mapinc.org/media/36
Author: Theo Douglas

DISPENSARY OWNERS FRET AS CITY ENACTS MEDICAL POT ORDINANCE

After seeing the Crazy Horse Memorial in South Dakota recently, 
medical marijuana patient association manager Liz Clarke said she has 
some insight into how the legendary Native American warrior felt 
about big government.

"I don't trust," said Clarke, who is manager of Golden State 
Cooperative -- and like the city's 23 other dispensaries and 
associations, works for a business that again was outlawed on 
Wednesday, when Bakersfield City Council approved an ordinance 
banning dispensaries.

The ordinance updates the city's 2004 resolution on the same topic. 
It declares dispensaries -- and, by extension, patient associations 
and any "facility or location where marijuana is made available for 
medical purposes ... " -- to be "specifically prohibited." While it 
will not take effect for 30 days, Clark and other dispensary owners 
say they're feeling very uneasy about how it will be enforced.

"You always want things in writing. If we had regulations that said 
this is how you're supposed to run it I'd feel a lot better," Clarke 
said. Others agree, saying they think the city may not be sending a 
clear message on how it will prosecute violators of the ordinance.

City Attorney Ginny Gennaro said Friday that patient association and 
dispensary owners should be well aware that they operate businesses 
which now are banned within every zone of Bakersfield -- from retail 
to residential to commercial to ... junkyard.

"When I hear things about the medical marijuana groups living in fear 
and being afraid, you should have been living in fear and being 
afraid. The resolution in 2004 clearly indicates that medical 
marijuana storefronts were not permitted. I think that people have 
been lulled into believing that because the resolution was not used 
as an enforcement tool, that the city wasn't closing medical 
marijuana storefronts. Which is false," Gennaro said, pointing out 
that in some cases, the city worked with other law enforcement 
agencies to shutter dispensaries.

"Medical marijuana storefronts have been closed," Gennaro said. "We 
have simply found other ways to go about that."

Until now.

By prohibiting dispensaries and associations according to zoning, the 
new ordinance opens the door for the city to use its Code Enforcement 
Department as well as the Police Department and the City Attorney's 
office to file civil lawsuits to close medical marijuana businesses.

The closure process will start with a complaint, Gennaro said. It 
could be a complaint from a resident or from a city council 
representative, or someone could pick up the telephone and 
conceivably complain about all 24 dispensaries and associations in a 
day's time -- although city officials hope that doesn't happen.

Gennaro has said the closures will not be swift. By law, Code 
Enforcement -- and, possibly, members of the police department -- 
must determine that the target of a complaint is, in fact, a medical 
marijuana business.

"We don't do civil (cases), so we're not going to be involved in 
evictions. But we'll assist them with any needs they have, and 
continue to enforce the law," said Bakersfield Police Chief Greg 
Williamson, whose department could be tasked with determining whether 
marijuana is sold -- or traded or given away for a donation, as 
associations sometimes do -- at a particular location.

Unlike dispensaries, which typically sell medical marijuana, patient 
associations may offer it for a trade or a donation.

"I think Code Enforcement will be working more closely, in terms of 
the zoning ordinance," Williamson said.

"We get a little hook in the thing. And I think that's why Ginny 
wanted to do this," said Bakersfield Chief Code Enforcement Officer 
Randy Fidler, noting that in some cases, the city's costs in pursuing 
a civil lawsuit could be tacked onto a dispensary's property taxes. 
"We're kind of like the hook that gives some leverage against the 
building owner. The building owner's going to get these people out 
one way or another. He's going to start the eviction process and then 
the problem's solved."

There's more to it than that, the city attorney said.

"Code Enforcement is eventually going to have to rely on a civil 
complaint to close these businesses down. Yes, Code Enforcement is 
involved in it. They're going to have to have a hearing," Gennaro 
said, adding that it may "fall back under my roof. And I have to go 
file a lawsuit."

Meanwhile, patients who use medical marijuana to relieve pain and 
stimulate their appetites are defending the practice.

"My grandmother actually suggested this as an alternative. Lo and 
behold, I'm walking now," said 25-year-old Bakersfield resident 
Thomas Albitre, who was wheelchair-bound after he suffered a torn 
aorta, two broken legs and a broken hip in a motorcycle accident two years ago.

Albitre said he was prescribed hydrocodone for the pain, but it 
didn't help. He couldn't eat, and lost 65 pounds in the ordeal.

"I was just a twig with some rods in me," said Albitre, who has metal 
rods in both legs today but has gained back 45 pounds. "First week I 
started eating way better. Usually, it feels like I'm walking on pins 
and needles, but this takes that away. It's a real improvement. I've 
been to other shops, and it sucks that a few bad apples are going to 
ruin it for everybody."

Clarke, the patient association manager, said she thinks Kern County 
residents will need a few years to change their attitudes toward 
medical marijuana.

Dispensary owner Nathan Acuna agreed.

"That's unfortunate, because of the effect that it's going to have on 
people who depend on it and are not hurting Bakersfield. They're not 
violent people," said Acuna, owner of the dispensary Nature's 
Medicinal. "It does not make sense to us why they did this, but we 
have to live with it. You're not going to wipe out marijuana in Bakersfield."
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MAP posted-by: Jay Bergstrom