CITIES FOLLOW POT BAN TREND

Dublin, Pleasanton Pass Extensions on 45-Day Moratoriums on Vendors

Pleasanton and Dublin jumped on the bandwagon Tuesday, joining other
cities that have passed temporary bans on medical marijuana dispensaries.

The 45-day moratoriums unanimously approved by the Dublin and
Pleasanton city councils can be extended twice, for an additional 22
months total.

The moratoriums give the cities legal standing to deny pot clubs
permission to set up shop, while officials draft rules either
prohibiting the establishments or governing their siting and operation.

Some medical marijuana advocates have complained that cities have
used such moratoriums to put off deciding whether dispensaries will be allowed.

Elected officials in both cities that passed moratoriums Tuesday were
sensitive to that argument.

"I'm very concerned about our community not having access to medical
marijuana," said Pleasanton Mayor Jennifer Hosterman. Pleasanton
Councilman Matt Sullivan vowed that "this is not just going to be a
stalling tactic."

In Dublin, Councilwoman Claudia McCormick had similar views.

"I get the feeling that we're trying to put this aside for awhile
hoping it will go away or hoping we won't have to deal with it,"
McCormick said. "I for one think that we do need an ordinance, we do
need to regulate it."

Other Dublin council members agreed, but underscored the need for
public debate. Mayor Janet Lockhart said she did not want the issue
to turninto one where her personal views of medical marijuana
dictated the decision.

The Dublin council is expected to discuss continuing the moratorium
at its Sept. 20 meeting before the matter is brought back with a more
lengthy staff recommendation for an ordinance.

Pleasanton will need at least one year to draft rules for
establishing and operating medical marijuana dispensaries, City
Manager Nelson Fialho said

California's Proposition 215, approved by voters in 1996, gives
"seriously ill" residents the right to use marijuana with a
physician's recommendation. Medical marijuana advocates say pot can
help treat conditions such as cancer, anorexia and glaucoma or in
combating the side-effects of some prescription drugs.

Marijuana isn't available at pharmacies, so pot clubs have opened for
business in cities around the state. Their owners say they are
providing a medical service.

Critics say marijuana that's sold to legitimate patients at "pot
clubs" easily can end up in the hands of teenagers or recreational
drug users. Because they may have quantities of marijuana and cash on
the premises, pot clubs also can become targets for robberies.

Pleasanton Police Chief Tim Neal said the city's moratorium won't
affect residents who have a doctor's permission to possess or grow
their own medical marijuana. Just hours before Tuesday's meeting,
Neal said, Pleasanton police were called to a home where a man was
growing two marijuana plants. When the man produced a doctor's
recommendation allowing him to use medical marijuana, he was allowed
to keep the plants.

Neal said Pleasanton police have seized marijuana plants in the past,
only to have courts order them returned to their owners.

But Neal said medical marijuana dispensaries can serve as a conduit
for teenagers who have no medical need for pot. He said Pleasanton
police have twice arrested local youths who obtained marijuana from
"over the hill" pot clubs.

Manteca, Fremont, San Leandro, Union City, San Pablo, Concord and
Emeryville have adopted moratoriums on pot clubs, while Berkeley and
Oakland are among the cities that have adopted rules governing their
siting and operation.

Passage of an interim ordinance requires a city to make a finding
that there is an immediate threat to public health, safety or welfare.

Pleasanton only has received one inquiry from a prospective pot club
operator, and Councilman Steve Brozosky wondered if the city was
"trying to solve a problem that is not here yet today."

City Attorney Michael Roush said that without a moratorium or
ordinance, the city might face a court challenge if it tried to deny
a pot club operator's application to set up shop in Pleasanton.

In both Pleasanton and Dublin, only one member of the public spoke
against the moratoriums.

Joe Partansky of Concord urged the Pleasanton council to vote against
a moratorium, saying some people who use medical marijuana aren't
able to grow their own. Many don't want to buy it illegally on the
street, he said.

"If all the cities decide to have a moratorium at the same time,
where do people go?" Partansky said.