NC: NO POT STORES FOR 45 DAYS

Barely two weeks after the city of Grass Valley passed a 45-day
moratorium on medical marijuana dispensaries in the city, Nevada City
Council members followed suit, albeit with a few caveats.

The council voted unanimously Wednesday to approve a temporary
moratorium on the establishment of such shops to give the council time
to draw up regulations, should any such place come to Nevada City.

In voting for the moratorium, the council said they weren't opposed to
such shops, only that they needed more time to study the issue, since
no zoning laws exist to accommodate them.

Nevada City resident Harry Bennett has expressed an interest in
opening a medical marijuana dispensary in town, Nevada City Police
Chief Lou Trovato said.

Bennett spoke at the council meeting and said he pulled a business
license permit in April, and spoke with City Manager Gene Albaugh and
District Attorney Cliff Newell. Bennett said he's considering renting
a space on Uren Street for the facility.

Before the meeting, the police chief said he didn't think Nevada City,
with 3,000 people, needed such an establishment.

We already have issues with alcohol and other pharmaceuticals,"
Trovato said prior to the council meeting. "I'm opposed to these kinds
of places because they attract a certain element of people. I don't
think we need a dispensary in this town."

Some council members, as well as Bennett, were concerned about the
harsh language in the proposed ordinance that suggested dispensaries
lead to an increase in crime and the sale of illegal drugs in all cases.

Councilman David McKay said the city should research the issue on its
own to see if that was in fact true.

We have a lot of information to gather and we want to make sure that
we do it right, if we (allow such places)."

California state law permits medical marijuana dispensaries, per
Proposition 215, which was approved by voters nearly 13 years ago.

The proposition allows caregivers and medical providers to dispense
marijuana for medical treatment without facing prosecution for doing
so, according to the official text of Proposition 215. Written
documentation of the prescription is mandatory.

The nearest medical marijuana dispensary is located in Colfax, in
Placer County.

After the council's vote, Trovato said he wasn't specifically opposed
to the dispensary and only wanted a chance to research the issue.

I got a 45-day moratorium so we can study the pros and cons to see if
this will work in Nevada City. Before we get into a bind, let's look
and see how we can best protect our citizens."

Bennett, who said he uses marijuana for legal medical purposes, said
he's simply trying to give those like him a safe, legal place to
obtain it, and he hoped the council would explore the issue.

I'm confident that when the council gets the information they need and
see what other cities have done ... I'm confident they'll come to a
good plan for the city."