FEDS SAY CHICO COUNCIL, CITY STAFF COULD FACE PROSECUTION FOR
FACILITATING MARIJUANA DISPENSARIES

CHICO -- Chico City Council members, the police chief and other city
staff could face federal prosecution by facilitating dispensaries
with the city's medical marijuana ordinance.

The U.S. Attorney's Office wants to deter the city from allowing
dispensaries that violate federal drug laws, said Dave Burkland,
Chico city manager.

U.S. Attorney Benjamin Wagner for the Eastern District of California
met with Burkland, Police Chief Mike Maloney and City Attorney Lori
Barker July 14 in Sacramento.

Burkland plans to tell the council at its Aug. 2 meeting the risk it
takes by keeping the ordinance that allows for two dispensaries of up
to 10,000 square feet each. He was told anyone directly involved with
the implementation of the ordinance could face action, such as
planning staff, police and himself.

"As far as they're concerned, any activity that would be illegal
would be illegal no matter the scale of it," Burkland said.

Wagner's office said they would not comment on the private meeting
between him and Chico staff.

On July 5, the council adopted the ordinance that regulates
dispensaries and residential grows with a 4-3 vote. Mayor Ann Schwab
and Councilmen Bob Evans and Mark Sorensen dissented.

On July 1, Schwab and the city received a letter from Wagner stating
his concern the council would pass the ordinance that violates
federal law. Council members discussed the letter, but the majority
still voted in favor of the ordinance.

As of Thursday, Burkland had not formulated what he will recommend to
the council next month on the ordinance and its implementation, he said.

He thinks the residential portion of the ordinance, which allows for
outdoor grows with setbacks and a maximum of 50 square feet of
growing space and indoor grows with a permit, might be OK as written,
Burkland said.

Schwab thinks the meeting in Sacramento raised points council members
"need to seriously consider to protect our community," she said.

At the July council meeting, Schwab wanted to decrease the size of
the dispensaries and made a motion to do so that was struck down.

"The majority of council was in favor of going forward with these
large facilities," she said. "I think that's going into dangerous and
uncharted territory."

Schwab does not think the council members in favor of the ordinance
wanted to authorize illegal drug trade, she said.

"I think their intentions are to provide a source of medicine for
those who are seriously ill," Schwab said.

Schwab wants seriously ill people to be able to get medical marijuana
to help them with their medical conditions, she said. But she thinks
the city needs to be careful.

"Having large, unregulated facilities I think only invites crime into
our community," the mayor said.