NO MARIJUANA JOINTS IN CONCORD, EVEN WITHOUT ORDINANCE

Concord has indicated that state and federal laws have snuffed out any
hopes of medicinal marijuana dispensaries in the city, even if Concord
wanted such establishments, which it doesn't.

The City Council adopted an urgency ordinance July 22, 1997, prohibiting
the establishment of medicinal marijuana dispensaries in Concord, and
renewed the ordinance Sept. 2, 1997.

The unanimous vote to ban such joints was in reaction to Prop. 215,
approved by voters in 1996. The proposition allowed California residents to
grow or possess marijuana for medicinal purposes, and only when recommended
by a doctor.

The city's ordinance banning dispensaries expired June 17. But Assistant
City Attorney Mark Boehme pointed out that state and federal law prohibits
the establishment of such places. So even if Concord condoned such
businesses, federal law would supersede.

At a council subcommittee on policy development and internal operations
meeting July 10, Mayor Mark Peterson and Vice Mayor Mike Pastrick agreed
that the ordinance be allowed to burn out, pointing to federal and state laws.

Pastrick likened the issue to building casinos or brothels in Concord. Even
if the City Council approved such uses, he pointed out, federal and state
law would overrule such decisions.

On the federal level, marijuana is listed as a substance that cannot be
prescribed by a doctor because it has not been accepted for medical use.

In California, Attorney General Dan Lungren has pointed out that while
Prop. 215 protects the growth and use of medicinal marijuana for personal
use, it says nothing about the sale or transportation of medicinal marijuana.

And locally, District Attorney Gary Yancey has insisted that he will
enforce the Health and Safety code section pertaining to marijuana.

Recognizing the federal, state and local barriers against marijuana,
Peterson and Pastrick indicated that it would be best just to let the
Concord ordinance end.

When the council first considered the ban last year, a Martinez resident
had been inquiring about the possibility of setting up a medicinal
marijuana business in Concord. Beyond that, there has been very little
interest in establishing such dispensaries.

Checked-by: Richard Lake