BENICIA PLANNERS REJECT STAFF RECOMMENDATION TO EXTEND POT CLUB BAN

BENICIA -- Planning commissioners Wednesday unanimously balked at
staff's recommendation that the city make its two-year, temporary ban
on medical marijuana dispensaries permanent.

With the moratorium set to expire in March, a proposed ordinance
prohibiting such establishments is set to go before the City Council on Feb. 1.

Commissioners wanted more information and the proposed ordinance
prior to making a recommendation. Outstanding questions were on the
number of potential users, possible revenues from such clubs, and how
a user gets medical clearance for legally obtaining marijuana.

Several commissioners said they know people who use marijuana for
medical purposes and believe regulated facilities have a place in
Benicia. Three audience members spoke in favor of them.

"A lot of this stuff gets plastered with prejudice," commissioner
Richard Bortolazzo said. "We should have a complete study."

Commissioner Rod Sherry said it felt like staff's recommendation was
being "jammed down our throats" without adequate study or options.

Benjamin Hirsch said his parents both use marijuana for medical
reasons and that they and other users should not have to go
elsewhere, particularly crime-ridden spots in Vallejo to get it.

"I don't see why we can't have a nice beautiful dispensary here,"
Hirsch said. To say that a certain type of person will use them and
that they will attract crime and other problems is not right, he added.

City Attorney Heather Mc Laughlin said if the moratorium expired
without an ordinance in place, planners would be in the awkward
position of reviewing a possible application under existing zoning ordinances.

Zoning regulations currently prohibits pot clubs because they are not
listed as a permitted land use, staff have said.

The council could pass the ban and then direct staff to study the
issue and come back with draft regulations for future consideration,
Mc Laughlin said.

Currently Benicia has no dispensaries, and the Benicia Police
Department has lobbied against allowing them, citing possible crime
as a key concern.