GRASSROOT EFFORTS:

JUST SAY NO TO MARTINEZ CANNABIS DISPENSARIES

Anti-Dispensary Contingency Ramping Up Campaign in Effort to Sway Council

A contingency of residents who have previously declined to vocalize
their opposition to a Martinez medical dispensary vowed this week to
attend the upcoming Council meeting to air their opinions on the topic.

John Fuller, a Martinez resident, father, and downtown businessman
who serves on the Parks, Recreation, Marina and Cultural Commission
sent out an email last Sunday stating his strong stance on medical
marijuana dispensaries they don't belong in Martinez.

"I just don't feel that the city of Martinez is the one to have a
dispensary period," said Fuller. "Why does the Council feel that they
have to be the one city that is the caretaker for the county?"

As for the letter, "It was sent out to local families that I thought
would be interested that the City was planning on having
dispensaries," Fuller said.

This past week, however, Fuller's letter circulated a bit further as
it was forwarded to City officials and immediately caught the
attention of several Council members through the use of the R-word recall.

Fuller said, "I found the reaction was kind of funny because for the
first time Council members actually reached out to me to find out
what my concerns really were. Hence, the new R-word in Martinez is
recall not redevelopment."

"The recall was just tongue and cheek to remind the Council that
family values are important," Fuller said in a phone interview on Friday.

"This isn't a campaign to recall, it was sort of a wake-up call to
the Council to remind them what is important to Martinez. We passed
30 million in bonds to improve our parks and recreation facilities
and 45 million dollars to improve our school facilities. Both of
those require more than two-thirds majority to pass, so obviously
Martinez values their kids and their family life as proven by these
two successful bonds passing. I think the Council has forgotten how
much the citizens of Martinez value a positive family environment."

Some of Fuller's sentiments were reiterated on Thursday when local
real estate developer Larry Lippow sent a letter addressed to Mayor
Rob Schroder and circulated to other City officials in which he
states, "As a lifelong Martinez resident, businessman and father, I
would like to share with you some ideas and thoughts about this
issue. I believe medical marijuana dispensaries are the wrong idea
for Martinez."

Lippow enumerates his objections based on the fact that the federal
government continues to classify cannabis as an illegal Schedule I drug.

"The United States Attorney for our federal district has recently
stated that any medical marijuana establishments will be vigorously
prosecuted," states Lippow. "This raised the specter of armed DEA
agents raiding whatever medical marijuana facility the City Council
might approve ... Martinez does not need this type of publicity."

However, Jack Gillund, spokesperson for U.S. Attorney Attorney
Melinda Haag of the Northern District of California said Friday in a
phone interview that Haag has not made any such statements.

"We follow what the [U.S.] Department of Justice put out [in 2009],"
said Gillund, referring to a memo issued on October 19, 2009 in which
Deputy Attorney General David Ogden clarifies the federal stance on
"Investigations and Prosecutions in States Authorizing the Medical
Use of Marijuana."

"This memorandum provides uniform guidance to focus federal
investigations and prosecutions in these States on core federal
enforcement priorities," states Ogden's memo. "As a general matter,
pursuit of these priorities should not focus federal resources in
your States on individuals whose actions are in clear and unambiguous
compliance with existing state laws providing for the medical use of
marijuana."

Asked on Friday on what he based his information, Lippow said he
received it verbally from a "retired police officer."

Lippow also states in his letter to Schroder that Proposition 215
[the Compassionate Use Act of 1995] "does not place the City of
Martinez under any obligation to approve such dispensaries."

He points out that Concord, Pleasant Hill, Walnut Creek, Orinda and
Lafayette all have either a ban or a moratorium on dispensaries.

"Martinez should follow the public policy example of our neighboring
cities," said Lippow.

Proponents of a Martinez dispensary also point to a dearth of
dispensaries allowed in the Diablo Valley as another reason in their
favor, as local patients in need of medical cannabis must travel to
Berkeley or Oakland to obtain their medicine.

City Manager Phil Vince and Deputy City Clerk Mercy Cabral confirmed
this week that the controversial agenda item has been removed from
the February 2 City Council meeting lineup: the first public hearing
on whether the City of Martinez will allow one or more medical
cannabis dispensaries to open for business.

Instead the discussion is slated for the February 16 regular Council meeting.

According to City staff, "the next step is for the [proposal for
issue a MMD license] to go before the City Council as part of a
public hearing ... the recommended changes from the Planning
Commission will be incorporated into the staff report to accompany
the public hearing."

Local dentist Stephen Francis D.D.S. said Thursday while he has yet
to weigh in on the topic in a public fashion, he plans to lodge his
criticism of the idea of moving forward with the Council's Public
Safety Subcommittee's plans to allow up to three dispensaries within
City limits. Francis expressed surprise upon learning of the public
hearing postponement.

"You have all this positive core family stuff happening in Martinez,"
Fuller said. "How does the dispensary help all that? It doesn't.
Unless you are trying to tax it, but is that really compassionate care?"