COUNCIL REPEALS POT DISPENSARY ORDINANCE

CHICO - Council members admitted the medical marijuana dispensary
ordinance they had passed was faulty and voted Tuesday night to repeal it.

The 5-1 vote was the third and final step, for now, to prohibit
dispensaries in the city. Councilman Scott Gruendl dissented.
Councilwoman Mary Flynn was absent.

On July 5, council members voted 4-3 in support of allowing two
medical marijuana dispensaries in the city though the mayor had
received a letter from U.S. Attorney Benjamin Wagner stating the
ordinance violates federal drug laws. Mayor Ann Schwab and Councilmen
Bob Evans and Mark Sorensen voted against allowing the dispensaries.

City staff met with U.S. Attorney Benjamin Wagner on July 14 and
learned they and other employees along with council members could
face federal prosecution for facilitating dispensaries. City Manager
Dave Burkland then recommended council members repeal the ordinance.

On Aug. 2, the council voted 4-3 to direct staff to prepare the
ordinance repealing the ordinance that would have allowed for two
dispensaries in the city. Council Members Mary Flynn, Scott Gruendl
and Andy Holcombe dissented. Two weeks later, the council voted 5-2
to introduce the repealing ordinance. Holcombe switched his vote.

Holcombe said Tuesday he supports a land-use ordinance, but warned
that no matter what it will break federal law.

"Doing something because the U.S. attorney says we should do it is
absolutely wrong," he said.

Council members, including Holcombe, asked city staff to bring a new
dispensary ordinance to them soon.

City attorney Lori Barker said she thinks she will have a dispensary
ordinance ready for council consideration in less than six months.

Three members of the public addressed the council Tuesday night
during the public hearing.

Dmitri Jeziorski said he thinks a vote in support of dispensaries
does not warrant council members' prosecution.

"That seems un-American to me," he said.

The ordinance allowing residential grows outdoors and indoors with
restrictions remains intact and was not repealed.