UNION CITY PUTS OFF MEDICAL POT SHOP -- AGAIN

UNION CITY -- Though medical marijuana patients legally are allowed to
inhale the drug that relieves many of their symptoms, they shouldn't hold
their breath waiting for a place to buy it in Union City.

The City Council voted Tuesday to extend a moratorium on medical marijuana
dispensaries in the city for another year -- the maximum state law allows.

Citing the "unsettled legal landscape," including the recent U.S. Supreme
Court decision allowing federal laws regarding medical marijuana use to
trump state law, city officials said they need more time to study the
impacts of dispensaries.

The City Council first passed a moratorium in March and asked city staff
members to return with an ordinance that would specify conditions for a
dispensary moving into the city.

Councilmember Richard Valle left the meeting before the 4-0 vote was taken,
saying he needed to be at the Hayward City Council meeting. Before leaving,
he chastised city staff members for their recommendation and for not
providing an ordinance.

"In terms of practical medical use for people who are severely or
terminally ill, most will agree it's a good thing. And so did the voters
(when passing the state's Compassionate Use Act in 1996). Twelve plus four
months is already 16 months. If I'd seen something in four months, I might
be inclined (to accept the moratorium)."

Valle said later he would have voted against his colleagues had he been
present for the vote.

City Manager Larry Cheeves said that a draft ordinance had, in fact, been
prepared, but he was seeking the council's advice on whether this was an
appropriate time to introduce it.

"We don't want to take an action that is going to be overturned or subject
us to a lawsuit," Cheeves said.

Councilmember Jim Navarro said he needs to understand the issue better,
having become aware of the 1996 act only about 11/2 years ago. He also said
that business owners where the city's first dispensary was to open -- in an
industrial area off Whipple Road -- told him they were not informed the
dispensary was coming.

The subject, however, was reported by The Argus in March, when the City
Council first considered it. And Shane Carter, the dispensary's operator,
said he had walked around the surrounding area, telling people of the type
of business he was operating.

Carter, himself a medical marijuanauser, said he wanted to open the
dispensary in order to provide a safe and comfortable place for patients to
go. It's they who will suffer the most from this, he said.

His attorney, Robert Raich, has twice argued medical marijuana cases before
the U.S. Supreme Court. Raich said he does not think the city is likely to
approve a dispensary within its limits in the near future.

"From what I've seen, it appears the City Council doesn't have much
sympathy for the plight of patients in Union City," he said.