WEED-WARY POLICE POINT TO POT REPORT

Western Nevada County's police chiefs are not throwing down the
gauntlet against medical marijuana dispensaries proposed in Grass
Valley and Nevada City, but they worry about what they could bring.

Chiefs John Foster of Grass Valley and Lou Trovato of Nevada City
acknowledge their rural cities have less crime in general compared to
urban areas.

Because of that, they don't foresee robberies or confrontations
occurring around dispensaries here like some that have occurred in
larger cities since medical marijuana became legal with the passage of
Proposition 215 in 1996.

But they are very concerned about crime directed at marijuana growers
and illegal cultivation, they said Thursday.

In the last two years, we've seen rip-offs (of marijuana gardens) in
this county, and some people have even been shot," Foster said.

They have to buy their medical marijuana from somebody, and generally,
it's an illegal supplier," Foster said. Under guidelines recently
released by Attorney General Jerry Brown, he added, "it's a closed
system to be legal. They are all supposed to be members of a
cooperative to make it work."

Foster bases much of his thoughts on a "White Paper on Marijuana
Dispensaries," which was recently presented by the California Police
Chiefs Association to its members.

The authors took several years to write it, and it does not endorse
the medical marijuana concept.

The document compiled by police chiefs, sheriff's offices, state and
federal law enforcement agencies and narcotics agents contends that:

Federal law still treats marijuana in any form as a crime, so
California's medical marijuana laws are not valid and government
officials wanting to ban dispensaries can do so based on federal law.

Officials who approve medical marijuana dispensaries could possibly be
held liable for breaking U.S. statutes, although federal prosecution
appears unlikely.

The Obama Administration's recent announcement that growers in legal
collectives would not be bothered still doesn't answer what a legal
collective is.

Recommendations can be had by paying unscrupulous physicians a fee and
claiming to have most any malady, even headaches."

Armed robberies and murders have occurred "that can be traced to the
proliferation of marijuana dispensaries," although five of the crimes
cited in the report were around marijuana gardens. Six crimes in the
report were directly tied to dispensaries — four of those at the same
Santa Barbara shop.

Michael Regan, a commander with the El Cerrito Police Department in
Contra Costa County, gathers crime statistics around gardens and
dispensaries in the state; his figures were used for the white paper.

Prop. 215 was targeted for people with severe illness and pain, but it
has grown way beyond that, Regan said.

Some people have taken the opportunity to abuse some people's
compassion," Regan said. "People have used it to make a tremendous
amount of money."

Regan used the example of Larry Kirstich, who brought in $95 million
in medical marijuana sales around the state and admitted laundering
$50 million of it several years ago when he was prosecuted for an
illegal operation, Regan said, and that is his real concern with
dispensaries.

I'm not talking about the six-people collective or cooperative that
probably won't come to our attention because they are not doing it for
profit, they are doing it for medicine," he said.

The El Cerrito City Council banned pot dispensaries in 2006 after
several people were robbed or killed near them, Regan said.
Dispensaries in adjoining towns took care of the need, he said.

If I were a voter there I would ask, 'Is there a need for it?'" Regan
asked. "If you have one in a nearby community, do you need one in your
community?"

Trovato said he will be in Arcata next week and is eager to see how
the situation is handled in Humboldt County, famous for its marijuana
cultivation.

The dispensary in Colfax is probably the way to go if a town accepts
one, Trovato said. The building is off the road with about 25 parking
spots — discreet but functional, he said.

Unlike Trovato and the mayors of both cities, Foster won't visit the
Colfax facility.

I'm following the attorney general's guidelines. I don't need to go to
draw up the policies," Foster said. "I think I have enough
information."

Foster is drafting the medical marijuana ordinance with other Grass
Valley personnel as is Nevada City. Both are expected to be ready for
review in August.