CITY BANS POT SHOPS IN AUBURN

Council Votes 4-1 To Block Dispensaries Of Medical Marijuana.

Medical marijuana dispensaries were banned from Auburn by the City
Council during a public hearing Monday night.

In a 4-1 vote, the council changed the municipal code to add the
citywide prohibition and to nullify a 2004 zoning ordinance designed
to regulate the location of dispensaries.

City Attorney Michael Colantuono said the change only affects zoning
and should not be misconstrued as the city taking a stance on the use
of medical marijuana.

"This is a zoning ordinance, not an ordinance regulating people's
personal conduct," he said. "We're simply talking about a zoning
amendment to prohibit dispensary use."

The council first considered changing the ordinance last October,
after a Supreme Court decision in the summer of 2005 upheld the
position of the federal government that marijuana is an illegal
controlled substance.

While state law permits the use of marijuana for some medical
purposes, it doesn't authorize dispensaries. Instead, the use and
regulation of dispensaries is left to local municipalities, retired
city Police Chief Nick Willick said during a previous interview.

Several cities in Placer County, including Roseville, Rocklin and
Lincoln, have chosen to ban dispensaries.

The Auburn Planning Commission held a public hearing on the issue in
January, where members voted 3-2 to ban dispensaries.

Councilman Keith Nesbitt, who voted against changing the ordinance,
said he is an advocate of the state's compassionate-care laws and
doesn't like the federal government infringing on a state and local issue.

"I'm voting against this because I don't think the federal government
has the right to undermine the people," he said.

Councilman Bob Snyder, with Councilwoman Bridget Powers concurring,
supported the city ban, saying, "The federal government should be
making the decision."

Few people in the audience Monday night spoke out on the issue. Only
one of the five who spoke to the council, City Clerk Joseph Labrie,
was from Auburn.

Labrie, who asked the council to hear his comments as a citizen and
not as the city clerk, said he doesn't understand the desire to ban
dispensaries, especially since no dispensaries had been proposed for Auburn.

"It's not hurting anybody, so just leave it alone," he said,
referring to the previous city ordinance that would have allowed
dispensaries in certain locations.

Ryan Landers, California state director of the American Alliance for
Medical Cannabis, asked the council to examine the issue more closely
before making its decision.

"What you intend to do now, which is a land-use issue, can become an
issue with a patient getting their medication," he said.

Police Chief Valerie Harris said she surveyed six businesses to see
if they would mind having a dispensary located next door.

"The response from all of them was they would not be in support of
such a business opening," she told the council.

Councilman Kevin Hanley said much work is being done to strengthen
the city's business districts and that a dispensary opening next to a
jewelry store or restaurant would "have a deleterious effect to the
business districts."

"I, for one, favor the proposed ordinance," he said. "It's good for
all the things we're trying to do right now."