NEVADA COUNTY CITES 'THREAT' IN MEDICINAL POT SHOPS

One day before Nevada City considers a moratorium on medicinal
marijuana establishments within its borders, Nevada County supervisors
will consider on Tuesday an ordinance prohibiting medical marijuana
dispensaries in unincorporated areas of the county.

If approved, according to a staff report, the urgency ordinance would
take effect immediately and be valid for 45 days. At least four of the
five supervisors would need to vote for the urgency ordinance for it
to pass.

The staff report indicates that "there is a current and immediate
threat to the health, safety and welfare of the citizens of Nevada
County" without an urgency ordinance.

The report indicates the county planning director will be responsible
for crafting rules and regulations concerning the location and
operation of such establishments.

Grass Valley recently placed a moratorium on such operations, and
Nevada City on Wednesday faces the end of its 45-day moratorium. Three
people have expressed an interest in running medical marijuana
dispensaries in Nevada City.

I think there's a lot more to this than just the operation of
dispensaries," Penn Valley-area Supervisor Hank Weston said Sunday.
"It's a quality of life issue. We need to ask ourselves, is it
something that is needed in Nevada County?"

The nearest medical marijuana dispensary is in Colfax, about 12 miles
away.

Weston said the moratorium will simply give the county a chance to
craft policies it does not currently have. He said he was unaware of
anyone wanting to place a dispensary in the unincorporated areas of
Nevada County, which the supervisors govern and set policy for.

I think it's a question of, where can it go?" Weston said of
dispensaries. "Whose backyard doesn't want to be bothered?"

The county's staff report indicates that Nevada County Sheriff Keith
Royal urges the board to "take steps to ban these types of businesses
within the unincorporated areas of Nevada County."

The sheriff's recommendation, the staff report indicates, is supported
by a five-year history of criminal activity in Nevada County related
to marijuana activity.

Last month, Nevada County District Attorney Cliff Newell prepared a
letter to county planners who requested comment on the establishment
and operation of dispensaries in Nevada County.

In the seven-page letter, Newell advocates for caution when
considering such establishments, which are legal under a narrow scope
of guidelines under an initiative passed by California voters in 1996.

"Time is needed to study the many existing ordinances and assess the
true needs of Nevada County residents with medical marijuana
recommendations," Newell wrote.

He also raised many questions, asking how many in Nevada County have
medical marijuana recommendations, how many grow their own marijuana
and the legality of the distribution of the marijuana for its intended
purpose.

Newell's letter also notes the conflict with federal law, where it is
a crime to possess, sell, distribute or transport marijuana of any
kind, though Newell pointed out that the federal government has
pledged not to target marijuana distributors who follow state laws
allowing marijuana's use for specific purposes.

The county's staff report indicates other cities in California with
established medical marijuana dispensaries "have at a minimum
experienced an increase in crime, such as burglary, robbery and sales
of illegal drugs," a notion supported by a 2009 "white paper" on
marijuana dispensaries produced by the California Police Chiefs
Association task force.

Weston, who chairs the board of supervisors, said he's not sure how
he's going to vote.

"I'm going to listen. I don't want to rush into this."