WOODLAND MIGHT GO TO POT

On Tuesday the Woodland City Council will vote on
an ordinance regarding zoning of illegal land uses. Specifically, the
ordinance would prevent storefront medical marijuana dispensaries
from obtaining a business license in Woodland.

In 2007 Woodland Police and Yolo County Narcotics Enforcement Team
raided a Woodland marijuana dispensary, arresting the owner and her
husband. In October, the District Attorney's office dropped the
felony charges on dispensary owner, Cheri Barr.

The question of medical marijuana legality in California has been
fuzzy since Proposition 215 passed in 1996.

Often the burden of figuring out the law falls upon the patients and
caretakers.

Barr said she looked into the laws when her husband, Doug Barr, came
down with a rare form of salivary gland cancer in 2005. The couple's
doctor recommended Doug try marijuana for the pain and weight loss.

The Barrs started growing pot and decided to open a dispensary
part-time in their home.

Cheri researched the marijuana laws and received her state sellers
licenses. She received a business license from the City of Woodland.
At this time the city's medical marijuana ordinance lapsed. She set
up shop part-time in her house in Jan. 2007.

In May of 2007, the Barr's home was raided by the Woodland Police
Department and the YoNET. Cheri said the police entered her house
without a warrant and for this she plans to sue the city. Cheri's
house was raided again in 2008.

"If (dispensaries)are in compliance of all the provisions set forth by
the District Attorney's office, we do nothing," YONET Commander
William Olson.

Woodland Police Chief Carey Sullivan said the department also won't
investigate personal medical marijuana use.

Sullivan said, "(Cheri) was well aware that she was conducting a
business that wasn't approved within the city."

Prop. 215 decriminalized the cultivation and use of marijuana by ill
individuals and primary care-givers, upon a doctor's recommendation.
Marijuana use is still illegal, but California chooses to not
prosecute some marijuana laws.

Woodland passed an urgency ordinance in September banning store front
dispensaries temporarily, buying city staff some time to present the
council a long-term solution.

Mayor Skip Davies said from the citizens he's talked to Woodland
people aren't interested in a marijuana dispensary in town. He said
he looked at cities inundated with dispensaries like Sacramento and
Los Angeles and feels taking an action against illegal businesses
(state or federal) is wise.

"It's pretty consistent among the council that the state doesn't have
this right yet," Davies said. He said he anticipates they will
approve the Planning Commission's suggestion to pass the ordinance.

The 2008 guidelines for medical marijuana use, provided by state
Attorney General Jerry Brown, said Prop. 215 is California exercising
its state's right to not punish certain marijuana offenses under
state law, which doesn't conflict with any federal laws.

Prior to these guidelines, and when Barr was setting up her
dispensary and raided, details about dispensaries were nebulous. Many
details are still fuzzy and Davies said these issues aren't for
Woodland to work out. He see the city waiting and seeing how the
courts and other larger communities handles dispensaries.

The proposed land-use ordinance before the council would to prevent
people from coming together as a non-profit medical marijuana
collective, the City Attorney Andy Morris said.

Medical marijuana activists, such as Woodland resident Bobby Harris,
complain the current laws regarding quantity are un-workable in terms
of a collective.

Harris operates a collective in Woodland. He doesn't adhere to the
guidelines laid out by the Attorney General's Office.

Harris said the rigid record keeping becomes a burden on the patients
and caretakers and the quantity limits are unreasonable.

Harris isn't afraid of police investigation if he's charges and taken
to court he's going to litigate. The quantitative laws are currently
being challenged in state Supreme Court.

Since the charges were dropped, Cheri is looking for way to continue
dispensing. Maybe a space in unincorporated Yolo or just a small
delivery service.

[sidebar]

Lee Rosselli holds his mason jar from his marijuana delivery and talks
about the benefits of using marijuana to treat his pain. Cheri Barr, the
owner and operator of a Woodland dispensary, sits in the background. She
delivers marijuana to her patients since her store front was raided and
shut down. The City Council will take up on Tuesday the issue of allowing
medical marijuana dispensaries within city limits. The ordinance up for
for consideration would ban dispensaries from obtaining business
licenses. (Matthew Henderson/Democrat)