COLFAX BANS PRESCRIPTION POT SHOPS

Council Allows Existing Collective To Stay

With the chances dwindling of a medical marijuana dispensary opening
in western Nevada County, the Colfax City Council voted 4-0 Wednesday
night to ban any more of them there.

The council's vote grandfathered in the city's existing dispensary,
Golden State Patient Care Collective, because it is an existing
business that was legally approved five years ago and doesn't cause
problems in town, city officials said Thursday.

Meanwhile, Nevada City postponed its second reading of a pot shop ban
late Wednesday, when City Manager Gene Albaugh pulled it off the City
Council agenda for more work. The ordinance will come back for the
final reading and vote Wednesday, Nov. 18, Albaugh said.

The city manager did not want to predict the outcome of that vote,
but it could be academic because the council already voted 3-2 for
the ban during the first reading of the ordinance in September.

The Colfax vote that left Golden State Patient Care intact pleased
employee Bob Henry, son of owner and Nevada County resident Jim Henry.

"It's good for people to be able to go somewhere safe to get their
medicine," Henry said Thursday. "I'm very happy that Colfax is
compassionate."

The dispensary has never had any crime problems because it is run
tightly, Henry said. "We don't let anybody in unless they have I.D.
and a recommendation" from a doctor.

"The police are right down the street, and we have them on speed
dial," Henry said. "People can't use their medicine here or sell it.
I'm glad we'll be able to stay here."

Mayor Suzanne Roberts admits she opposes any use of marijuana and
does not understand why the dispensary has to exist.

"It needs to be dispensed through a pharmacy like any other drug,"
Roberts said. "It's not a good image for our community or something I
want to promote. I'm anti-drug, and I don't think its' necessarily a
benefit for anything."

The Union could not locate other council members for comment.

Golden State still operates because "it was an allowed use at the
time it was established," said Colfax Planning Director Gary Price.
"The treated it like a grocery store at the time."

When another application for a dispensary surfaced in March, the
criteria and outlook had changed, with new members coming to the city
council since the 2004 decision, Price said.

Available in Nevada County While no dispensaries are allowed in
Nevada County, resident Charles Day has started a medical marijuana
co-op called Harmony Holistic Health.

The co-op fits California Attorney General Jerry Brown's idea of
medical marijuana availability: A collective of growers and patients
is established for distribution among members, and no storefront is
used for the general public.

Day could not be reached for comment; the co-op's Web site is
HarmonyHolisticHealth.org.

Nevada City placed a year-long moratorium on medical pot dispensaries
until Aug. 11, 2010, the same day as Nevada County's moratorium
expires. Grass Valley has a moratorium in effect until

April 28, 2010, but is working on an ordinance.

Three people have expressed interest in opening another medical
marijuana dispensary in western Nevada County in recent months.

Carole Chapman of Nevada County remains interested in opening a
dispensary in Grass Valley and is awaiting word from the city about
when its medical pot ordinance will be available for public scrutiny.

The Union could not locate Harry Bennett or Jim Henry of the Colfax
dispensary for comment, or to see whether they were still interested.

The medical marijuana situation may become moot soon anyway, Chapman
said.

"Legalization (of marijuana) will be on the 2010 ballot" in
California, Chapman. "It's going to pass."