BUTTE COUNTY SUPERVISORS FORMALIZE POT DISPENSARY BAN

OROVILLE -- Medical marijuana dispensaries have officially been
banned in all unincorporated areas of Butte County.

In a unanimous vote Tuesday, the Board of Supervisors made permanent
an interim ordinance banning dispensaries that was passed in January 2010.

But according to Butte County Counsel Bruce Alpert, such facilities
were illegal before any vote was taken.

Alpert said there had been suggestions among some in the medical
marijuana community that pre-existing dispensaries would be allowed
or "grandfathered in" even if the ban was approved.

"That is an erroneous assumption," he said.

Alpert explained that dispensaries - places where people with medical
marijuana recommendations can purchase cannabis - "have never been
allowed under our code and this would formalize that."

He also said the ordinance, which goes into effect in 30 days, is a
land use measure and not a criminal matter, and violations will not
be prosecuted criminally.

In the past, capacity crowds have jammed the supervisors' chambers
anytime a medical marijuana matter was on the agenda. This time the
discussion took just a bit over half an hour and only a handful of
people spoke on the topic.

Richard Tognoli, a former dispensary operator, told the supervisors
they are taking medicine away from "the real people, the people with
the missing limbs, the people with cancer."

Suggesting that the supervisors had already made up their minds
before the meeting began, Tognoli said, "I feel like I came to talk
to the wall today."

Alpert said the dispensary ordinance does not have any impact on
people growing their own marijuana under Proposition 215, which
allows cultivation of marijuana by people who have recommendations.

Alpert also said the U.S. Department of Justice has sent
notifications to dispensary operators, landlords and local government
officials that it is a federal felony to operate such facilities.

Gordon Dise, speaking in opposition to the ordinance, argued that
constitutionally state and local officials cannot enforce federal
laws, and therefore the ordinance was invalid.

Andrew Merkel, vice president of the now-closed marijuana dispensary
North Valley Holistic Health, said passage of the ban would force
people to seek the drug on the black market.

Chico Supervisor Maureen Kirk said she felt sympathy for people who
need the marijuana and that she wished "there was some way legitimate
users could get it," but she was concerned about the federal crackdown.

On a motion by Supervisor Larry Wahl of Chico, and seconded by
Oroville Supervisor Bill Connelly, the board voted unanimously to
adopt the ordinance.