MARIJUANA ORDINANCE REPEALED

CHICO - The Chico vice mayor switched sides on the medical marijuana
debate at the push of a "bully," voting with the majority of council
Tuesday night to repeal the dispensary ordinance.

"In a sense, we are being bullied," Vice Mayor Jim Walker said. "But
we're being bullied by federal law."

Council members voted 4-3 to rescind the ordinance that would have
allowed for two dispensaries despite the representatives' statements
Tuesday in support of medical marijuana for seriously ill patients.
Councilwoman Mary Flynn and Councilmen Andy Holcombe and Scott
Gruendl voted against the repeal. Sixteen people addressed council on
the issue, the majority were against the repeal.

City Manager Dave Burkland recommended council members repeal the
medical marijuana dispensary ordinance in order to avoid the
possibility of federal prosecution of city staff and council.

On July 5, the council voted 4-3 to adopt the ordinance permitting
two medical marijuana dispensaries of up to 10,000 square-feet each
to open in Chico after going through a public hearing and selection
process. Mayor Ann Schwab, Councilmen Mark Sorensen and Bob Evans
voted against the ordinance. The opposing council members had cited a
July 1 letter from U.S. Attorney Benjamin Wagner for northeastern
California that detailed how the ordinance violates federal law.

On July 14, city staff met with Wagner and learned that Chico
employees and council members could face federal prosecution for
facilitating dispensaries.

The council also voted as Burkland recommended to maintain the
residential portion of the Chico ordinance, allowing indoor and
outdoor grows with restrictions.

Burkland, Police Chief Mike Maloney and planning services director
Mark Wolfe earnestly said they don't feel safe from prosecution if
the dispensary ordinance remained when Evans asked.

"So we would all be carrying you with us," Evans said.

Sorensen said he thinks it is common sense to remove the city from
the mess and repeal the ordinance. "We are waiving a big red cape at
the bull," Sorensen said.

Holcombe listed a number of changes to the ordinance that he thinks
would limit the commercial aspect, including that the dispensaries
could not grow on site, but Sorensen did not accept his amendments.

"I think we can and we should stand up to the bully," Holcombe said.

He said he thinks the city took enough steps back. "We should not
lose focus, this is about sick people and helping them," Holcombe said.

Flynn said she thinks it is possible to do the right thing by
allowing patients access to medical marijuana.

"I've taken an oath saying I'm going to act in the best interest of
my community," Flynn said. "I believe I can act in the best interest
of our community and provide safe access."

Andrew Brown walked up to address the council using a cane and
wearing a North Valley Holistic Health dispensary T-shirt. He said at
one point, he couldn't move his legs but medical marijuana helped him
through his pain and now he can walk.

He also told council he thinks dispensaries provide a safe place for
patients to get their medicine. "I could not see myself in my
condition walking down some alley to some guy who could hurt me and
take my money and I could be left lying on the ground in pain," Brown said.

Dylan Tellesen of Citizen Collective said the council's task is to
help people who need medicine.

"We can today do something profound," Tellesen said. "We can help the
sick and downtrodden. We can fight against injustice. We can help
citizens who have been stigmatized and discriminated against for
nothing other than the particular medicine they need."

Greg Keeney of the Chico Police Officers' Association said though the
issue is complicated, the ordinance allows illegal activity police
cannot be a part of.

Jolene Francis of the Chico Chamber of Commerce told council she
thinks the city doesn't have to fight the federal government and said
the chamber supports the repeal.

City staff will monitor the state and federal governments' actions on
the issue and update council within six months. On another issue, the
council voted 5-2 to adopt an ordinance that restricts indoor wood
burning in the city on poor air quality days from Nov. 1 to March 1.
Sorensen and Evans dissented.