CALISTOGA MULLS NEW MEDICAL MARIJUANA MORATORIUM

Calistoga city leaders say they need more time -- again -- to
consider a medical marijuana dispensary ordinance.

At first, the city placed a 90-day moratorium on pot shops, then
followed that up with a 10-month interim ordinance. Now the
Calistoga City Council wants to extend the moratorium for an
additional 12 months.

The proposed extension is expected to pass at tonight's council meeting.

The city has been grappling with a medical marijuana policy for a year.

On March 30, 2009, City Hall received a business license application
for a medical marijuana dispensary in town. The request was later
withdrawn by the applicant.

About a month later, the council decided it had better head the next
request off at the pass and passed a 45-day ban so councilmembers
could work out policies about zoning and business operation rules
and restrictions.

Toward the end of that moratorium they decided they needed more
time, extending the moratorium another 10 months and 15 days.

According to staff reports, one of the reasons for the extension was
to see what happens with a pending lawsuit, Qualified Patients Assn.
v. City of Anaheim in Orange County. In that case, advocates of
medical marijuana are challenging a Southern California city's
outright ban on marijuana dispensaries.

That case could be decided as early as April 29 -- maybe earlier --
according to a Calistoga city staff report.

Since the council passed the urgency ban last spring, there have
been several changes on the medical marijuana front.

For one, U.S. Attorney General Eric Holder said the Justice
Department would no longer raid legally licensed medical marijuana clubs.

Separately, a marijuana legalization initiative has qualified for
the November 2010 ballot.

Additionally, the city of Cotati approved a dispensary, Napa is
planning to allow one, American Canyon banned any business banned by
federal law and Lake County has adopted an ordinance banning any new
medical marijuana facilities.

Calistoga planning staff and the police chief have assessed the
impacts in communities where dispensaries have been allowed.

Police Chief Jonathan Mills said those impacts have been increased
loitering, illegal drug activity, burglaries and other criminal activity.

Advocates for dispensaries say they raise tax revenue, and that many
clubs have a record of contributing to local nonprofit organizations
and charities.