PLACERVILLE MOVES TO KEEP ITS MEDICINAL POT ORDINANCE

The City Considers Letting Dispensary Open On Main Street.

Placerville City Council members, faced with a conflict between state
and federal laws governing the medical use of marijuana, say they'll
cast their lot with the state.

The council this week took a preliminary step to retain, but modify,
an ordinance adopted in 2004 allowing medical marijuana dispensaries
to operate in certain areas of the city under certain conditions. The
modifications set limits on how many dispensaries could operate and
under what conditions.

The action was unanimous, despite concerns voiced by police Chief
George Nielsen that Placerville could become a lightning rod for the issue.

The council on May 23 will consider allowing a dispensary to open on
the city's Main Street.

Council members indicated they were influenced as much by suffering
they have witnessed among friends and relatives as they were by the
testimony of dispensary advocates.

"As you get older, you know people with diseases who suffer
terribly," said Councilwoman Marian Washburn. "So that is probably
what I get down to after considering all the other components."

Councilwoman Roberta Colvin recalled an acquaintance who died five
years ago. The woman considered it ridiculous that she had to pay for
an expensive prescription drug, Marinol, containing a synthetic form
of the active ingredient in marijuana, when she could have obtained
marijuana for much less, Colvin said.

John Driscoll, city manager and attorney, in January recommended
repealing the 2004 ordinance and banning dispensaries. He cited a
U.S. Supreme Court ruling last year that federal laws prohibiting
cultivation and use of marijuana trumped state laws permitting the
practices for medical purposes.

The council, however, directed staff members and dispensary advocates
to try to fashion an ordinance that would reduce risks to the public
and patients.

Driscoll said he and the police chief met several times with
dispensary proponents to review the 2004 ordinance. Proposed
modifications, he said, include changing references to "marijuana" in
the ordinance to the more scientific term "cannabis."

In response to concerns about a proliferation of dispensaries if
Placerville were one of a few jurisdictions in the region allowing
such operations, the revised ordinance would permit no more than two
in the city.

In addition, Driscoll said, dispensaries would have to be nonprofit
operations offering no products other than cannabis.

Permits would have to be renewed annually and would be subject to
review by the police chief. If problems arose, the police chief could
revoke the permit. Though the dispensary operator could appeal the
revocation, suspension of the permit would be immediate, Driscoll said.

In a written report to the council, Driscoll said recent statistics
indicate 23 cities and three counties in the state have ordinances
providing for the operation of medical marijuana dispensaries.
Sixteen cities and two counties have outright bans, he said, while
the majority of jurisdictions have either a moratorium on such
activities or no provisions at all.

Driscoll advised the council that it was better to have an ordinance
regulating the dispensaries than ignoring the issue. "Having nothing
on the books is not the best way," he said.

The council heard comments from more than a half-dozen people who
favored allowing dispensaries. They included Jen McGill, a
Placerville resident and mother, who said, "I'm here to give a
different face to what you might think is the typical marijuana user."

McGill said she uses marijuana to relieve migraine headaches and
currently travels 60 miles to obtain it from a dispensary. "Wouldn't
it be great if Placerville became the compassionate city?" she asked.

But Kenneth Clark, identifying himself as a combat veteran who
suffers from neurological disorders, urged the council to ban
dispensaries, arguing that marijuana is a "gateway" drug that leads
to use of other drugs. "I feel very strongly about this," said Clark,
the only speaker opposing the ordinance.

The council will consider adopting the amended ordinance at its May
23 meeting. Driscoll said the agenda also will include a request by
Stephen Williams of the El Dorado Pain Reduction Center to establish
a dispensary at 645 Main St.

The council in November 2004 approved a variance to allow Williams to
operate a dispensary on Main Street. It stipulated, however, that the
U.S. Supreme Court or Congress must first determine that the federal
government could not interfere with dispensaries permitted under
state law, or marijuana must be reclassified as a regulated rather
than a prohibited substance.

Williams has asked the council to remove the condition so he can open
a dispensary.

"I plan to keep it very low-profile," he said. "It won't be easily identified."

Driscoll said the city would bear no liability in allowing the
operation, adding that those who operate dispensaries do so at their own risk.

For the operators, he said, the specter of federal prohibitions
remains. "It is something that is looming out there and will continue
to loom for a period of time," Driscoll said.