POT PLAN APPEARS DOOMED

3 On Claremont Council To Oppose Dispensary

CLAREMONT - The City Council appears poised to reject an ordinance
tonight that would allow one heavily regulated medical-marijuana
dispensary to open in the city.

The council approved the idea in concept in July by a 3-2 vote, but
one of the council members who supported the idea now says she
intends to vote against it.

Councilwoman Linda Elderkin said she changed her mind after the state
Supreme Court ruled in January that employers can fire workers for
testing positive to marijuana use even if the employee is taking the
drug for medical reasons.

"What this effectively does, this decision, is says the state cannot
decide to get behind its own law," Elderkin said.

She said the "legal ambiguity" of the state's medical-marijuana
program "makes it awfully difficult" for a small city such as
Claremont to tackle the issue with confidence.

"I really believe the state has an obligation to really support the
law, and that means support the cities, support the dispensaries - I
think they have a legal obligation to do so, and it's clear the legal
system is not doing so," Elderkin said.

David Kasakove, a Claremont native who is interested in operating the
dispensary, said Elderkin's concerns are unfounded because an
Assembly bill has been introduced that would nullify the effects of
the January court decision.

"I understand her concerns, but I think she needs to be aware that
there are senators and state legislators that are trying to address
these situations as they occur," Kasakove said. "We can only address
them as they come up."

Assemblyman Mark Leno, D-San Francisco, introduced a bill in February
that would prohibit employers from discriminating against or firing
an employee who uses marijuana for medical reasons.

The bill passed out of the Assembly Committee on Labor and Employment
last month on a 6-2 vote but has yet to be considered by the full
Assembly or Senate.

"One negative ruling should not, in my opinion, wash out the entire
intent of Prop. 215," Kasakove said.

Claremont's ordinance to establish rules allowing a dispensary will
be considered during the council's meeting at 6:30 p.m. at City Hall.

The ordinance would allow a dispensary to provide marijuana to only
Claremont residents and would allow certain city employees, including
the police chief, to enter the dispensary unannounced at any time.

The ordinance also would require a dispensary to operate as a
nonprofit and would set per-patient limits to the amount of marijuana
that can be stored on-site.

Mayor Ellen Taylor, the most vocal supporter of the dispensary
ordinance, said Monday that she remained supportive of the measure.

"I think it's the right thing to do," she said. "And if any city can
do it, Claremont can do it."

Sam Pedroza was supportive of the idea last year, but he said Monday
that he now has misgivings about the idea, partially because of the
vocal opposition that has materialized in recent months from the
Chamber of Commerce and other city institutions.

Before voting in July, there was very little community input, Pedroza
said, "and a ton of input afterwards."

"To say that I've been educated is an understatement," Pedroza added.
"I need to be responsive as a member of a representative government."