THE CASE FOR MEDICINAL MARIJUANA

Bar Owner Wants To Open Dispensary In Livingston.

LIVINGSTON -- Mike Sperry Jr. is the man with the pot
plan.

The 38-year-old owner of Mike's Cozy Corner bar stepped out of the
shadows Wednesday as the person who approached Livingston wanting to
open a medical marijuana dispensary in town.

He never hid his plans, but they weren't widely known. Nor was his
name included in staff reports on the subject. He came forward now,
however, to explain his idea and to ask the community for support.

Sperry's inquiry to the city in December about the requirements for
running a medical marijuana dispensary prompted staff to place an
item on tonight's council agenda creating a 45-day moratorium on
opening such a business in town.

The moratorium is needed for city staff to review and update the
city's existing dispensary ordinance, said City Manager Richard Warne.

Sperry said he's not trying to stir up trouble. He's just a
respectable businessman, he added, well-known in the community who
sees a need for a service. He said he's consulted lawyers, California
medicinal marijuana supporters and has researched the business thoroughly.

"There are enough guidelines out there that you have to run these
things right or you will be shut down," Sperry said.

When he approached Livingston to examine the exact requirements, city
staff realized there was a large loophole in the city's ordinance.

Livingston Community Development Director Donna Kenney explained the
city's ordinance governing marijuana dispensaries was adopted with a
general zoning update in 2005. But one of the provisions of running a
dispensary is that the owner must comply with all regulations
adopted by the chief of police.

The regulations include the exact record-keeping required, how
customers must be identified and recorded, whether or not there could
be on-site cultivation and the maximum amount of marijuana that
could be dispensed, among other provisions.

Former Police Chief Bill Eldridge, however, never created those
regulations. Police Lt. Sharon Silva was filling in as interim chief
when Sperry approached the city. Silva decided the issue should wait
for new Police Chief Douglas Dunford to take office. He started Monday.

Sperry said that throughout the process he's been waiting patiently,
and at tonight's council meeting he's prepared to ask for more time
to make his case. The moratorium sits on the same agenda as what's
probably going to be a contentious discussion over the city's
long-debated water rates.

He wants the council to postpone the idea of a moratorium for two
weeks so he can make a proper presentation to the council.

He wants the council and Livingston residents to know what he
believes in. He doesn't own the property where the dispensary would
be. He intends on leasing it and says the property owner is aware of
his plans. He declined to give the address, but noted it's in a zone
the city has designated as appropriate for such businesses.

Sperry says he would have an armed guard at the front door. Security
cameras would watch in and around the business. A business is exactly
what it would be, he said.

"I want to stay out of jail. I don't want people harassing my
customers. I don't want people that are not permitted or allowed by
the great state of California in there," he said.

Sperry said he wants to keep small quantities of marijuana on site.
He won't grow any marijuana anywhere and plans to use established
suppliers. He would dispense small amounts of the drug in pill boxes
- -- not baggies, not brown paper bags. There would be no brownies, no
cookies.

"I think a lot of people get carried away with these dispensaries.
They are selling pastries. I want to sell the stuff that you can go
home and medicate yourself, and that's it. This is not a hobby. This
is not a toy. It's a medicinal use," he said.

Sperry carries his own medical use card but said he doesn't use. He
said he knows people who drive to Bakersfield or into the East Bay
from Merced County to get marijuana. And he offers a way for
Livingston to handle some of its revenue woes. He suggested the city
add a tax to every purchase made.

"This business could generate some good money that could be put back
in the city to help offset these costs that I guess our local
businesses aren't able to generate enough money to cover," Sperry
said.

Sperry plans to appear at tonight's council meeting -- 7 p.m. 1416 C
St., Livingston.