LOCAL RANCHER GOES PUBLIC WITH QUEST TO SELL MEDICAL MARIJUANA

Confusion about the present. Uncertainty about the
future.

Some of Amador's top officials found themselves trying to navigate a
swamp of mixed messages and legal questions on Tuesday as a member of
one of the biggest land-owning families in the county asked them to
lift a ban on growing and selling medicinal marijuana.

In late October, Sutter Creek rancher Robert Allen told the Ledger
Dispatch he proposed to open a cannabis dispensary for locals
struggling with health issues. Allen's family owns vast tracts of land
throughout the area. Despite his property holdings, Allen said he was
having trouble finding a location to start the enterprise - which he
calls Gold Country Harvest - mostly because Amador County has a ban on
such operations.

On Tuesday, Allen made a public pitch to the Amador County Board of
Supervisors to lift the ban so Amador would be aligned with
California's Proposition 215, also known as the Compassionate Use Act.

"By having a moratorium, Amador County is at the risk of having it
declared invalid," Allen told the supervisors. "This could result in
someone opening any kind of dispensary they want, in inappropriate
places, and ultimately contribute to a wild west atmosphere."

Allen went on to read a statement about how marijuana had transformed
his sick mother from being bed-ridden and near-death to a happy and
active woman who lived two years longer than her doctors expected.
Janet Allen died in February 2008. Her son characterized the request
to lift the ban as an issue of "compassion." Allen ended his remarks
by saying that, while there's a perception that California state law
clashes with United States federal law on the sale of medicinal
marijuana, President Obama has signaled that the federal law will no
longer be enforced.

That contention drew a quick response from Amador County District
Attorney Todd Riebe. "With all due respect, Mr. Allen is wrong," Riebe
told the board. "It's still against federal law."

Riebe went on to explain that the California Court of Appeals also
made it clear that only a designated primary caregiver can provide
medicinal marijuana to a suffering patient under Proposition 215. In
the case of People v. Hochanadel, the court said that cannabis
dispensaries such as the type Allen wants to open in Amador didn't
qualify as primary caregivers. The California Supreme Court has ruled
that only a person who consistently integrates his or herself into a
suffering patient's health, housing and safety can be deemed a primary
caregiver. The court also ruled that marijuana cooperatives or
"collectives" did not qualify.

Riebe closed his presentation by returning to the issue of federal
law. He argued that it was the U.S. Supreme Court that had the final
say about what was legal and that indeed the top court in the land had
already decided the matter in Gonzales v. Raich. In that case, it was
ruled that initiatives such as Proposition 215 could not change the
fact that selling medicinal marijuana was a federal crime.

"I'm not suggesting that some people can't get medical benefits from
these types of treatments," Riebe admitted. "But despite President
Obama turning his head, if these dispensaries are in violation of
Proposition 215 as well as federal law, then I think we're on
treacherous ground."

The debate drew varied responses from the supervisors. Louis Boitano
and Brian Oneto both conceded they saw possible benefits to medical
marijuana use. "I'm sure it can be a good treatment for some desperate
people," Boitano said. "I'm not wild about having it in the county;
but maybe we could pass something that says it's alright to have it
inside our cities."

Supervisor Ted Novelli wondered out loud if President Obama and the
federal Drug Enforcement Agency were on the same page. He also worried
about what message the county would be sending if the ban was lifted,
asking, "We're going to support something like ACCNET (Amador County
Combined Narcotics Enforcement Team) and then also support this?"

Supervisor Richard Forster expressed concerns about the illegal abuses
that can go along with allowing medicinal marijuana dispensaries.
"I've personally known people who have been incarcerated for selling,"
he said. "And these were cases where they got their marijuana legally
for medical needs and then turned around and sold it."

Reading over Allen's statement, Oneto noticed that the rancher had
been inspired to get involved with medical cannabis by Dr. Mollie Fry.
"If lifting the moratorium is something we end up wanting to explore,
then maybe we can get some information from this Dr. Fry," Oneto suggested.

Riebe stood up and responded, "If you want to talk to Dr. Fry about
it, then you'll probably have to do so from the other side of a jail
cell, since she's been arrested by the feds for violating the law."

Speaking in support of Allen during public comments was Ethan Turner,
a farmer from Amador City. Turner called the situation between state
government, the federal government and the president a "legal
quagmire," but observed that there was new legislation on the horizon
that could potentially legalize marijuana throughout California.

"This whole issue clearly needs more legal definition from the state,"
Turner said. "But I think it would be to the county's benefit to put
into effect some kind of framework that would control how this
happens, if it's unavoidable."

On that point, Forster appeared to agree. "I do think we need to be
prepared in case the president changes the law," he said.

The supervisors directed staff to prepare feedback on the issue of
lifting the ban only after a meeting had been held between the county
administrative officer, the county sheriff, Riebe, the Social Services
Department and the health department. The supervisors will re-examine
the issue in a future meeting and allow the public to get involved and
comment.