MARIJUANA TAKES CENTER STAGE

Medical Dispensaries, Legalization For Recreational Use Are Hot Topics

As many communities discuss whether to allow medical marijuana
dispensaries, Gov. Arnold Schwarzenegger has called for a debate on
legalizing recreational marijuana and a Petaluma-based group is
urging the inclusion of marijuana programs at Sonoma State University.

The accelerating trend has pushed marijuana into local headlines,
sometimes even supplanting stories about the economic crisis, and has
stirred up plenty of controversy.

Proponents of legalizing recreational marijuana state that this could
help to address state budget problems. Betty Yee, chair of the State
Board of Equalization, estimates that a regulated marijuana industry
could bring in $1.3 billion per year in tax revenue.

But opponents have raised concerns that crime, traffic and
law-enforcement overtime would increase.

From a law-enforcement perspective, legalization of recreational
marijuana raises concerns about what additional crimes might occur,"
said Lt. Mike Cook of the Petaluma Police Department. "And costs are
always a concern. We already use a tremendous amount of our resources
on alcohol enforcement."

Legalizing marijuana could end up costing a lot more than the tax
revenue that would be generated from sales. That would be penny wise
and pound foolish," said Mike Kerns, a member of the Sonoma County
Board of Supervisors, who previously worked in the Drug Abuse
Resistance Education program while serving as a sergeant for the
Petaluma police.

I'm certainly OK with talking about legalizing recreational
marijuana, but legalizing it would mean more people will be using it,
and it would be getting into the hands of more young people.
Marijuana, along with tobacco and alcohol, is one of the three
'gateway' drugs (that can lead to the use of harder drugs) that can
cause health problems for youths," he added.

Attorney Mike Healy, a member of the Petaluma City Council, says that
even if recreational marijuana is allowed in California, it is
prohibited by federal law.

This matter needs to be discussed. States can't disregard federal
law," Healy said.

There is an inconsistency between jurisdictions, and if there is a
debate, it needs to be at the federal and state levels," Kerns added.

Cook says that even without legalization, marijuana-related crimes
have significantly increased since California began allowing the
growth and sales of medical marijuana for qualified patients.

On May 14, 2007, Brian Denison, who is not a medicinal marijuana
patient, was arrested for having more than 300 marijuana plants in an
indoor operation at his residence on D Street.

And since January 2008, Petaluma police have handled four burglaries
and three robberies in which marijuana was the primary target, and
275 other marijuana-related incidents, ranging from minor violations
to large sales.

In 2007, former police chief Steve Hood wrote a report to the City
Council that cited several shootings and robberies in Sonoma County
that he attributed to the medical marijuana trade. In one instance,
on Oct. 23, 2001, Petaluma Police Officer Patricia Neri was shot in
the face and suffered major injuries when responding to a
marijuana-related crime on Bond Street.

At Hood's recommendation, the council decided to place a permanent
ban on medical marijuana dispensaries in Petaluma.

Four members of the council at the time -- Mike Harris, Karen Nau,
Mike O'Brien and David Rabbitt -- voted in favor of the ban. Mayor
Pamela Torliatt and Vice Mayor Teresa Barrett voted no, but indicated
that they wanted to strictly regulate dispensaries. Councilmember
Samantha Freitas was absent.

In the Nov. 4 election, David Glass, Mike Healy and Tiffany Renee
replaced Nau, O'Brien and Freitas on the council. Torliatt said that
the new council is unlikely to reconsider the ban any time soon.

I don't believe that there is interest in doing so now, and don't see
this being on the agenda in the very near future. From the standpoint
of the City Council, there are more pressing issues now, such as the
budget and down-sizing," Torliatt said.

Kerns says that the county's medical marijuana dispensaries have
operated smoothly.

The people who run them are very careful, and do not allow on-site
consumption. There have been very few problems with them," he said.

When problems occur, law-enforcement agencies often face a host of
legal questions and problems when dealing with them.

In Sonoma County, medical marijuana dispensaries are located in
Geyserville, Guerneville, Santa Rosa and Sebastopol. The county
allows authorized medical marijuana patients and caregivers to have
30 marijuana plants and three pounds of processed marijuana. This is
a much more liberal allowance than the minimum statewide guideline of
six mature plants or 12 immature plants and up to eight ounces of
processed cannabis flowers.

The state empowers cities and counties to set guidelines that are
greater, but not less, than the minimum amounts.

Medical marijuana laws vary greatly from county to county, and really
have blurred issues," Cook said. "Some people are taking advantage of
the situation for personal gain and profit."

Some people using medical marijuana have very legitimate medical
needs, but I'm concerned that some people are obtaining it for
non-substantive medical reasons," added Healy.

Federal law does not recognize medical marijuana and has the power to
prosecute cases that are legal under state law.

So, is it legal for Petaluma residents to grow marijuana?

It depends on who you ask -- state law says yes, and federal law says
no," Cook said, adding that he doesn't know how many marijuana
growers reside in Petaluma. "If there is a debate about legalizing
recreational marijuana, as the governor has suggested, I hope that
the need for more consistent rules (regarding medical marijuana) also
will be discussed."

Amid the legal controversies, the Treatment, Herbs and Cannabis
Foundation, a Petaluma-based organization, has submitted a detailed
proposal to Sonoma State University to establish a marijuana business
program, California marijuana research program and
university-operated production facility.

The organization, which claims to represent a "large number" of
medical marijuana patients, recently sought applicants for its CEO
position on craigslist.org, and received more than 200 applications,
including around 60 from established corporate executives.

[SIDEBAR]

A MARIJUANA DEGREE?

The Treatments, Herbs and Cannabis Foundation, a Petaluma-based
organization, has submitted a proposal to Sonoma State University to
establish a marijuana business program, California marijuana research
program and university-operated production facility.

The proposed marijuana business program would offer courses leading
to a B.S. degree in business administration, with a concentration on
marijuana business. The intention of the program would be to help the
state of California to further legitimize the marijuana industry and
would seek students who want to be involved in the evolution of the industry.

The California marijuana research program is being proposed by the
foundation to further understanding of marijuana through studies of patients.

The university-operated production facility would help ensure that an
adequate supply of medical-grade marijuana is available to patients
involved in marijuana research.