CITRUS HEIGHTS PLANNERS OK POT DISPENSARY

Citrus Heights planning commissioners, including one who described himself
as a "four-year cancer survivor," approved a medical marijuana dispensary
on Greenback Lane.

The decision came Thursday night after a two-hour public hearing and ended
several months of debate about the Cannabis Patients Co-op proposed by Mary
Jennifer Berg at 6240 Greenback Lane, a few blocks east of Auburn Boulevard.

Commission Chairman Jack Duncan and Commissioner Bill Van Duker said that
they probably would not recognize cannabis if it were dropped on the table
in front of them.

Van Duker described himself as a "four-year cancer survivor" who spent
almost a month in a local hospital. He had an extreme reaction to the pain
medications, he said, which helped him understand why doctors might
recommend medical marijuana for some patients.

He also criticized the general effectiveness of the federal effort to halt
illegal drug activity.

"The war on drugs has been a failure," Van Duker said. "It has been about
as successful as Prohibition. I don't see this particular dispensary as a
black blight on the neighborhood."

Duncan, however, voiced doubts. His said his auto-dismantling business was
invaded a few years ago by men who thought that marijuana was being stored
on the premises.

"My son had a gun held to his head," Duncan said. "It's scary, and it has
taken us two years to get over this."

Berg, who has described herself as a primary caregiver for her sick mother,
said she has developed an awareness of the need for medical marijuana.

When asked why she was continuing to press for the license, Berg said,
"because it is the right thing to do."

"Those people should be able to get their medicine from a dispensary,
instead of a street thug," Berg said.

The planning officials also expressed concerns about the potential for a
federal drug raid on Berg's business - similar to those in Roseville a few
months ago.

They also noted the U.S. Supreme Court is considering Ashcroft v. Raich, a
case involving California's Compassionate Use Act of 1996, which allows use
of medical marijuana by qualified patients who have a written
recommendation from their doctor.

With a decision on the case possibly months off, the planners decided to
stand by the state law and the city's medical cannabis ordinance, adopted
in June.

"I think we have been placed in a very awkward position between the state
and federal government," Commissioner David Cook said.

In a telephone interview Friday, Larry Brown, first assistant U.S. attorney
in Sacramento, said the Supreme Court case is viewed by the Justice
Department and other federal officials as "relatively narrow."

A decision in Ashcroft v. Raich will not necessarily apply to other
so-called cannabis dispensaries, Brown said.

People operating those businesses still risk action by federal authorities,
Brown said.

"As recently as 2 1/2 years ago, the U.S. Supreme Court held that there is
no medical exception for cultivation or selling of marijuana," Brown said.
"Marijuana is strictly prohibited under federal law."

City planning staff members told the commission Berg has complied with the
city's medical marijuana ordinance requirements, including passing a law
enforcement background check and installing alarm systems.

Despite opposition from area residents, staff members recommended approving
Berg's permit with 19 conditions. The conditions included a requirement
allowing the city attorney to request another hearing on the dispensary if
a court ruling on medical marijuana does not favor local dispensaries.

The Greenback Lane location also meets the city's requirement that any
cannabis dispensary be at least 1,000 feet from schools, parks and other
"sensitive uses."

The city ordinance on medical marijuana requires a two-part process for the
applicant. Berg must now secure a medical cannabis dispensary permit from
the city manager.

City Manager Henry Tingle was not available for comment Friday.