DISPENSARY HOME DIVIDES LEADERS

Albany: Ballot Measure That Seeks to Establish a Single Outlet For
Medical Marijuana Stirs Council Opinions

One measure coming up on November's general election ballot is forcing
Albany City Council members to balance medical needs and potential
crime.

The measure -- which solicits opinions on establishing a single
medical marijuana dispensary in Albany -- is also causing city leaders
to take sides when it comes to state and federal law.

Albany Planning and Zoning Manager Jeff Bond helped draw up the
ordinance, which attempts to define a business that does not fit
neatly within retail or commercial uses.

"In most communities there isn't a good fit for this," Bond said.
"There are concerns by some in the community and also recognition in
the community that this is an important health matter. It's trying to
find the balance between people who need access to a dispensary and
putting it in the right place where there won't be any potential law
enforcement issues."

As currently defined, any dispensary would be a set distance from
schools and parks and always be in a commercial district, Bond said.
It also would not allow for use on-site, one reason that Councilman
Robert Lieber favors it.

"I think that's an important distinction," Lieber said. "You don't go
to a pharmacy and say, 'Hey I got my penicillin, can I have a glass of
water?' It's not a testing ground."

Nearly 80 percent of Albany voters favored Proposition 215, better
known as the Compassionate Use Act, in 1996, said Lieber, a registered
nurse who said he has seen first-hand the need for medical marijuana
in critical settings.

"I have seen where marijuana has helped many people and helped them to
not suffer, so in that sense, I support it," he said.

Lieber's support, which goes along with state law supporting the use
of medical marijuana, flies in the face of a recent Supreme Court
ruling. The federal judgment is the main reason why Albany
Councilmember Robert Good said he favors letting voters decide the
issue.

"The Supreme Court has reinforced the idea that this is contrary to
federal law so rather than have the City Council put in something
against federal law, I'd feel much more comfortable giving the choice
to the voters," he said. "Federal law does trump everything in principle."

The vote would culminate a debate that has been ongoing since a
license application was filed nearly two years ago, Lieber said. If
approved, the dispensary would be regulated by the City Council.

Potential sites include San Pablo Avenue and Solano Avenue, Bond said.
At least two cities that have dispensaries were looked at as role
models by Mayor Alan Maris.

"We didn't look at any particular city as a role model, we looked at a
lot to determine what does and doesn't work and what would work for
Albany," Bond said.

The measure should pass, Lieber said, because he hopes to add a
provision that if a dispensary doesn't work smoothly, it can be
promptly shut down. If it does work, it will continue a tradition, he
said.

"Albany has a long history about caring for the sick and suffering,"
he said. "This affirms a belief that a person's private health care
matters should be decided by an individual and his or her physician."