A BAN ON POT STORES IS WEIGHED

Auburn Looks Over Its Shoulder After Recent Supreme Court Ruling.

Although there haven't been any medical marijuana dispensaries proposed in
Auburn, officials are preparing to decide whether to ban pot shops within
city limits.

The City Council unanimously voted Monday night to hold a public hearing to
consider banning dispensaries in Auburn.

The hearing will be held during the Nov. 1 Planning Commission meeting.

Auburn passed an emergency ordinance last year regulating where a dispensary
could be located but is revisiting the issue because of the U.S. Supreme
Court's ruling in June that federal authorities can arrest medical marijuana
users and sellers, despite state laws to the contrary.

"I think we should repeal the current ordinance, and then we could always
have the option to repeal our law if the federal government repeals its
law," said Councilman Kevin Hanley.

Auburn's current law is a zoning ordinance that states dispensaries are
prohibited from opening within 1,000 feet of schools, homes, parks and
libraries or within 500 feet of churches, Police Chief Nick Willick said
during a phone interview.

The ordinance also limits business hours, prohibits growing marijuana on
adjacent property and outlines the grounds necessary to deny a permit or
file an appeal.

While state law permits use of marijuana for some medical purposes, neither
of California's medical marijuana laws authorizes dispensaries, instead
leaving use and regulation issues up to local municipalities, he said.

After the Supreme Court decision this summer upheld the position of the
federal government that marijuana is an illegal controlled substance, the
city decided it needed to reconsider its position, Willick said.

"Medical marijuana remains illegal under federal law," he said. "We're
looking at adopting a position that bans dispensaries outright."

The new zoning ordinance also would include a misdemeanor for violators.

Auburn's law would mirror Roseville's, which permanently bans medical
marijuana dispensaries in the city. Lincoln and Rocklin have similar bans.

Councilman Hanley said Auburn's current law conflicts with the federal
government's stance. By keeping it on the books, it also could set the
dispensary owner up for failure, he said.

"It would be a clear target for the Drug Enforcement Administration," he
said. "It wouldn't stay open long."

Some residents, however, feel that banning pot shops would send a negative
message to people who use marijuana to relieve chronic pain.

"Please don't be an intolerant town and an uncompassionate town to people
who need medicine," resident Cindy Colston told council members.

Joseph Labrie, who asked the council to hear his comments as a citizen and
not as the city clerk, said he doesn't understand the need to repeal the
city's current ordinance, especially considering that no one has applied to
open a dispensary in Auburn.

"Federal law is not compliant with the vote of the people," Labrie said.
"The federal government is wrong. Just let it be - leave (the ordinance) on
the books."

Mayor Alice Dowdin pointed out that if Auburn should choose to repeal its
ordinance, it would only designate the city's stance on dispensaries.

"Our ordinance would only address the issue of land use, not use of medical
marijuana," Dowdin said.

Councilman Keith Nesbitt said he understands the need for medical marijuana
firsthand - his wife was diagnosed with breast cancer last year.

"Marijuana does have medicinal uses," he said.

Auburn residents need to have an opportunity to voice their concerns and
thoughts before the laws are changed, Nesbitt said.

"I have a hard time with the federal government overriding the will of the
people," he said.

Placer pot laws

Cities in Placer County have taken the following stances on medical
marijuana dispensaries:

* Roseville - Permanently banned medical marijuana dispensaries in July
after repealing its law regulating pot shops earlier this summer

* Lincoln - Medical marijuana dispensaries are banned

* Rocklin - Medical marijuana dispensaries are banned

* Truckee - No specific restrictions on stores, but is considering a stance
and hoping to pass an ordinance by January.

* Colfax - Has one medical marijuana dispensary.