STOCKTON MOVES AHEAD ON MEDICAL MARIJUANA POLICY

Ordinance Likely to Limit Dispensaries, Regulate Locations

STOCKTON - A policy that would allow dispensaries to sell medical
marijuana moved closer to adoption Tuesday, members of the City
Council telling staff to draft an ordinance regulating its sale.

"We'd like to see this move quickly through the process," Mayor Ann
Johnston said, and an audience consisting mostly of marijuana
advocates applauded.

The direction to staff came at the conclusion of a rare joint
meeting of the council and Planning Commission at City Hall. About
75 people attended.

A draft ordinance is almost certain to include provisions regulating
the number of dispensaries - perhaps to three - their proximity to
schools, parks, homes and other places, and security and other
measures. It is also likely to include special fees.

Deputy Police Chief Mark Helms told the council that dispensaries
and customers are targets for criminals, and he said, "We ask that
you consider the excess burden these facilities will have on police services."

California law for more than a decade has protected patients and
caregivers from prosecution, and marijuana advocates frustrated by a
federal prohibition were emboldened last year when the Obama
administration instructed federal prosecutors to avoid marijuana
prosecution when dispensaries comply with state law.

The subject was forced on the Stockton council in November, when
Pathways Family Health Cooperative Counseling, a dispensary, opened
on East Acacia Street.

Steven Cort told the council he is upset about Pathways' proximity
to a day care facility in the Eden Square Building, which he owns.

"If we weren't next door with a day care center with over 100
children, this wouldn't be an issue," he said. "This whole thing
should have been closed down immediately."

Pathways' Lynn Smith told the council his is a nonprofit
organization and has about 1,700 members.

He said, "We're not dealing drugs to children," and he invited
council members to visit the facility.

Pathways had been issued a business license to operate a "natural
food and supplement store," but it also sells marijuana.

The city ordered Pathways to close, and the cooperative appealed.
The appeal is to be heard Feb. 23.

Another entity has proposed to sell marijuana at a Wilson Way
shopping complex.

The council last considered medical marijuana in 2005 and largely
abandoned the subject.

It is unclear when the Planning Commission - and ultimately, the
City Council - will consider a draft ordinance.