ROCKLIN BANS MEDICAL POT SALE

In Emergency Vote, Council Sees Threat to Family Atmosphere.

Rocklin officials shut the door to medicinal marijuana stores
Thursday, likely becoming California's first city to opt for
prohibition over regulation.

In recent months, other cities in the Sacramento region - including
Citrus Heights, Elk Grove, Roseville and Auburn - decided to regulate
the location and operation of marijuana dispensaries. So far, a few
medical marijuana stores have opened, including one in Roseville and
one in Colfax.

But in an emergency session Thursday, Rocklin's elected officials said
they were concerned about what a medical pot store might do to the
town's atmosphere. They voted 5-0 for the outright ban that went into
effect immediately, although it is good for only 45 days.

An ordinance proposing a permanent ban is to go before the Planning
Commission and City Council for approval, and public hearings will be
held.

Councilwoman Kathy Lund explained that Rocklin and its neighbors hold
strong family values, saying that 80 percent of families in Placer
County are two-parent families vs. 31 percent in Sacramento County.

"We're moving (toward a family environment), and I think this
(allowing marijuana stores) is counter to that," she said.

Vice Mayor Peter Hill said that the trappings sometimes associated
with marijuana stores - such as street dealers loitering outside the
building and drug use in the area - are inconsistent with Rocklin's
highly educated, high-income population.

"We have spent years and years trying to do things in Rocklin that
favor a family community," he said. "Introducing this into our
community, even with the proper controls, (will lead) to the kind of
trouble we don't want."

George Magnuson was the only council member with hesitations about the
ban. He said ailing people should have the opportunity to better their
quality of life, even if that means smoking marijuana.

"To live with dignity and die with dignity is not a bad thing for
people to consider when looking at these regulations," he said.

But Magnuson said Rocklin's proximity to a medicinal marijuana shop in
Roseville gave him peace of mind in voting for the ban.

"(Patients) do have relief available to them," he said. "I think that
availability makes a big difference in my decision today."

Rocklin's action came just a day after a Stockton resident asked city
employees about opening a store in the south Placer County city.
Unlike other cities in the region, Rocklin had not enacted specific
regulations.

The city posted a notice of the emergency meeting at City Hall on
Wednesday and notified the media. At the 11:30 a.m. Thursday meeting,
few members of the public attended. One who did was Doug Hallum, the
Stockton resident who had asked about the store. Afterward, he said he
thought the City Council members used Roseville's store as an "excuse"
for keeping a similar store out of their community.

Council members all questioned the legality of their ban, as well as
the legality of the state law implemented by the 1996 passage of
Proposition 215. That law protects from criminal prosecution
critically ill patients whose doctors recommend the use of marijuana.

A law passed last year clarified the limitations of Proposition 215
but left local jurisdictions to determine how to regulate marijuana
sales.

Rocklin Police Chief Mark Siemens and City Attorney Russell Hildebrand
explained that there are stark discrepancies between state law and
federal law, which continues to outlaw the sale, use and possession of
marijuana.

Hildebrand said he considered the city's new ban "defensible,"
particularly because it would not apply to some dispensaries
sanctioned by state law, including licensed residential care
facilities for people with chronic illnesses.

"I would never consciously bring you something I didn't think we could
defend," he said.

Hildebrand cautioned, however, that the move likely would attract
attention and possibly a lawsuit.

"There's always a litigation risk," he said.

A risk Rocklin might come to know soon, said Ryan Landers, state
director for the American Alliance of Medical Cannabis.

Landers said that Rocklin is the first city in California he knows of
to enact such an ordinance and that "many, many, many" other cities
had opted for regulation.

"Most communities are willing to work (with business owners) and
willing to cooperate," Landers said.

He said Rocklin's blanket ban is discriminatory, illegal and dangerous
for patients who might be forced to seek help from street dealers.

"If you outright ban it, you're just driving it underground," Landers
said.

The debate over medicinal marijuana stores began locally in January,
when Capitol Compassionate Care opened in downtown Roseville.

Because the city had no laws regarding such stores, the proprietor
could open his simply by obtaining a business license - and without
most city officials' knowledge of the nature of the business.

The City Council later crafted regulations that would apply to any
future dispensary applicants.

Although the Roseville store has posed no major disturbances for the
community, Mayor F.C. "Rocky" Rockholm said Rocklin did what he wishes
he could've done in his city.

"If they can stop theirs from coming in, the more power to them," he
said.

Hallum said he will continue pursuing the issue, by litigation if
necessary.

"I'm going to do whatever I can to make this happen," he
said.

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AROUND THE REGION

Medical marijuana dispensaries and regulations in the Sacramento
region:

AUBURN

Urgency ordinance approved Monday prohibits a shop from opening within
1,000 feet of schools, homes, parks and libraries or within 500 feet
of churches. Requires background checks of store owners and employees.
Limits business hours. Prohibits growing of marijuana on adjacent property.

COLFAX

One dispensary operating.

CITRUS HEIGHTS

Permanent ordinance approved in May prohibits the sale of medical
marijuana within 1,000 feet of schools, parks, libraries and other
"sensitive" uses. Requires a special-use permit. Allows only one shop
to open.

ELK GROVE

In April, the City Council voted to restrict dispensaries to areas
zoned commercial and at least 1,000 feet from a school. Prohibits the
use and cultivation of marijuana on premises. Bans the sale of drug
paraphernalia. Mandates that waste be removed twice a day. Requires
drug tests for store employees. Limited business hours.

ROSEVILLE

One dispensary opened in January. An emergency ordinance approved in
May allows shops only in some commercial and industrial areas, and at
least 500 feet from churches, schools, parks, homes and other "sole
source pharmacies." Limits business hours. Requires stores to post a
notice stating no marijuana may be smoked, ingested or consumed on the
premises. Prohibits use or sale of drug paraphernalia.

Source - Bee files