Pubdate: Tue, 11 Mar 2014
Source: Elko Daily Free Press (NV)
Copyright: 2014 Elko Daily Free Press
Contact:  http://www.elkodaily.com/
Details: http://www.mapinc.org/media/2326
Author: Elaine Bassier

POT MORATORIUM

Council denies prohibition, but considers delay to medical marijuana
establishments

Medical Marijuana issue Ross Andreson/Elko Daily Free Press By Elaine
Bassier ELKO - Instead of no, the city said not yet to pot.

Despite support from the public, Elko City Council ultimately rejected
an amendment to zoning ordinances prohibiting medical marijuana
establishments Tuesday.

However, Councilman John Patrick Rice directed staff to bring back
information on a moratorium, which if approved would last at least a
year.

By state law, it is legal for people who are registered with the
Nevada Department of Health and Human Services, Division of Public and
Behavioral Health to use and possess medical marijuana. However,
possession of marijuana is still a federal crime, and that creates
difficulties with city code.

The existing city code 4-1-5 prohibits the city clerk from issuing a
business license to any proposed business which violates a rule or law
of the city, county, state or federal government.

New regulations from the health division go into effect at the
beginning of April, and they allow medical marijuana establishments in
Nevada. Police Chief Ben Reed brought the issue to the council and was
in favor of prohibiting such an establishment in the city.

City Attorney Dave Stanton outlined some of the issues, especially the
conflict between state law and federal law. He told the council
changing the zoning laws would remain effective even if the federal
law changes.

Reed told the council about several problems with medical marijuana
establishments from a law enforcement perspective. First and foremost,
he said, it would bring more drugs into a community that already has a
drug problem.

"The major point is we do not need a greater supply of an intoxicating
drug readily available in our community to further compound an already
significant drug problem in Elko," he said in a letter to the council.

Reed spoke with other police chiefs in Colorado, where marijuana is
legal, and he said armed robberies are up in those places. The police
department would also respond to complaints and the department lacks
the resources to respond to the increased calls.

Reed pointed out the council could revisit the zoning laws and change
them at a later date if the federal law changes.

Sheriff Jim Pitts told the council he's bringing a similar ordinance
to Elko County Commission, and that Lyon County has already prohibited
medical marijuana establishments.

"It's not going to stop," he said. "It's going to be a
problem."

Councilwoman Mandy Simons said part of the council's oaths are to
uphold the Constitution.

"I'm not sure I could vote on something that violates constitutional
law and the oath I swore," she said.

Councilman Robert Schmidtlein said action might not need to be taken
because city code already prohibits the city clerk from issuing
business licenses for medical marijuana establishments.

He said federal law could change or state laws could force them to
change their ruling on the issue.

"Two weeks down the road, it could get overrode," he
said.

During public comment period, Chris McCloud, an Elko resident, told
the council he has worked in the education field and students are not
using marijuana. Instead, they are abusing prescription drugs, such as
oxycontin and Ritalin, he said.

"Let's be honest with what our kids are taking," he
said.

Cathy McAdoo of PACE Coalition said almost 25 percent of people in an
Elko County survey conducted by PACE said drug abuse was one of the
top three problems in the community. She was also concerned with the
drugs that would be brought into Elko if a medical marijuana
establishment were in the city.

Assemblyman John Ellison gave the council some history on state laws
regarding medical marijuana and said he was against the establishments
because of the problems the communities and law enforcement will face.

"I hope you look at this very seriously," Ellison said. "I was in
opposition of this. I still oppose this."

Councilman John Patrick Rice said he has gotten a lot of comments from
the community about the issue, and most of the people he's talked to
have been in favor of medical marijuana establishments. He was in
favor of a moratorium because it allowed city council and staff to
examine the issue more closely and see the effects on other counties
in the state.

"(A moratorium) would not shut the door so tightly on ... access to
medical marijuana," he said.

He also said the police department does not currently have the
resources to address policing medical marijuana establishments.

"I think there's agreement in the community that we're not ready for
this," he said.

Rice denied the motion, but directed staff to bring back information
on a moratorium to the council for approval. He said he wanted it on
the agenda before the new state regulations take affect April 1.
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MAP posted-by: Matt