CHICO POT DISPENSARY LIKELY TO FACE CHALLENGES

CHICO -- Dylan Tellesen is looking for the city of Chico to step up
in what he says is an extremely urgent issue -- medical marijuana dispensaries.

A local artist, Butte College instructor and most recently, executive
director of Citizen Collective, a proposed medical marijuana
dispensing collective, Tellesen said the need for a legitimate and
safe dispensary locally is great.

Holding a prescription for medical marijuana himself, Tellesen, who
suffers from debilitating migraines, has a vision for what he
believes could be a terrific community service. He says Citizen
Collective would provide medical relief to local residents in an
environment similar to a pharmacy and offer medical marijuana users a
place to go that isn't a "shoddy and unprofessional" operation out of
someone's home.

The dispensary would employ well-trained staff who have undergone
background checks, would provide educational classes to patients and
would work hand-in-hand with city and law enforcement officials, Tellesen said.

"Citizen Collective would provide access to patients in a way that's
ethical, safe and comfortable," Tellesen said. "It's just a safer
model; it's more legitimate."

But local officials say there are several roadblocks preventing
Tellesen's plans, namely the legality of storefront dispensaries.

Tellesen has focused much of his efforts on encouraging a city
ordinance that would provide for the zoning of dispensaries.

Zoning laws operate in a way that a specific use is authorized for a
particular area. That use must be explicitly identified, and if it is
not, the use is prohibited in that zone.

Assistant City Manager John Rucker, who is the city's designated
expert on the topic of dispensaries, said medical marijuana
dispensaries are not identified for use in any Chico zone.

"They are not permitted under our zoning," Rucker said. "We are quite
firm about that."

Rucker said the municipal code would need to be amended in order to
allow dispensaries to exist within the city limits. Citizens can
apply to change the zoning ordinance.

As of Friday, Rucker said no person or group has applied to change
the current zoning regulations to allow medical marijuana dispensaries.

But Rucker said even if Tellesen applied to change the city's zoning
regulations and was successful in that endeavor, he would still come
up against a much larger hurdle: criminal prosecution.

"The zoning is not going to influence the criminality of
dispensaries," Rucker said.

Butte County District Attorney Mike Ramsey said even if a city zoning
amendment passed to allow dispensaries, they would still be illegal
and operators would be engaging in criminal activity.

"The law does not allow for the sale of marijuana," Ramsey said. "It
is clearly illegal."

So why are dispensaries popping up in other cities around California
with what appears to be little legal recourse?

Ramsey said Proposition 215, which legalizes the use of marijuana for
medical purposes, is "notoriously vague" and that "dispensaries have
always hidden in the shadows" of the 1996 proposition. The ambiguity
in the language of the law ultimately creates a subjective
interpretation of it, with some cities and counties clearing the way
for dispensaries while others have closed their doors to them.

Although the language of the law may be unclear, one thing is certain
in Butte County -- the person charged with interpreting the laws
locally has deemed storefront dispensaries illegal. Until and unless
a California Supreme Court decision or California voters choose
otherwise, it seems as though Ramsey's legal interpretation of
Proposition 215 stands and those who choose to ignore it could face
criminal prosecution.

Still, with dispensaries dominating most city, county and state
discussions, the city of Chico will certainly be faced with taking a
stance on the sale of medical marijuana sooner or later.

Tellesen, who said he is "primed and ready to go" with Citizen
Collective, hopes that conversation will be pushed to the forefront
of the city's priorities.

Even though Tellesen does stand to gain if dispensaries are allowed
to operate, he said he is more concerned about what Chico could lose
should the city fail to take immediate action.

"Other cities have put their heads in the sand," Tellesen said. "It
forces patients into the black market."

Tellesen said many collectives and cooperatives -- which Ramsey and
Rucker both admit are legal -- are already illegally selling medical
marijuana in unsafe environments. Rucker admitted there may be some
illegal dispensaries in operation in Chico.

If Chico enacts an ordinance allowing zoning for dispensaries,
Tellesen said it allows a mechanism for the enforcement of
dispensaries and ultimately provides a safer community for all residents.

"This is a real opportunity to do something great for our city," Tellesen said.

The city is already in the process of drafting an ordinance
prohibiting the outdoor cultivation of medical marijuana, which is
expected to go before the Internal Affairs Committee late this year
or early next year.

Tellesen plans to formally present his ideas for Citizen Collective
at that time and said he is looking for Chico officials to take a
"leadership role" in a discussion being debated throughout California.