VALLEY CITIES AIM TO RESTRICT POT CLUBS

Local Governments Wary As Feds Target Marijuana Businesses

PLEASANTON -- For better or for worse, "pot clubs" -- places where medical
marijuana is sold legally under California's Proposition 215 -- are no
longer just a big-city concern.

Livermore, Pleasanton, Dublin and Danville all are considering drafting
rules that would ban or restrict the establishment of businesses that sell
or distribute medicinal marijuana.

Manteca has adopted a temporary moratorium on marijuana clubs while the
city decides whether to ban or restrict them through a permanent ordinance.
The Pleasanton City Council will consider adopting a moratorium when it
meets Tuesday.

Because many believe marijuana can lessen the side effects of prescription
medications and relieve pain, California allows residents to use marijuana
with a doctor's recommendation. Since the passage of Proposition 215, the
Compassionate Use Act of 1996, businesses that dispense "medical marijuana"
have multiplied in cities such as Oakland, San Francisco and Los Angeles.

Such pot clubs are coming under increasing scrutiny by authorities, who say
lax practices can lead to marijuana and other controlled substances being
sold to recreational drug users.

Alameda County officials have decided to cull the number of marijuana
dispensaries operating in unincorporated areas from six to three by this
fall, and will charge $3,800 just to process applications from would-be pot
club operators.

The six marijuana dispensaries now operating are located in Ashland,
Cherryland and San Lorenzo, and all will have to apply to continue operating.

Fremont, San Leandro, San Pablo and Emeryville have adopted moratoriums,
making it more likely that pot club operators will seek out cities without
ordinances, Pleasanton city staff members said in a report to the council.

"As neighboring jurisdictions adopt moratoriums on medical marijuana
dispensaries, it becomes more likely that such dispensaries will be located
here," the report said.

Livermore, Pleasanton and Danville all have had "at least one" phone call
from would-be pot club operators.

Manteca has placed a moratorium on medical marijuana dispensaries, and the
council may pass a permanent zoning ordinance that either bans pot clubs or
places restrictions on where and how they may operate.

"We haven't decided yet whether we're going to ban them or control them,"
said Capt. John Orcutt of the Manteca Police Department. "The zoning issues
would be very restrictive, I would anticipate, if we do allow them into town."

Manteca officials "didn't wait for it to happen to us -- we took action
right away," by adopting a moratorium on marijuana dispensaries, Orcutt said.

"It's important to us to keep a family atmosphere. If (pot clubs) come into
town, they can come into areas where we don't want them -- close to
churches, schools, and parks," he said.

Pleasanton officials have similar concerns.

"We don't want a situation where we've got pot houses where kids have
access to and are purchasing marijuana that's supposedly legal in a way
that's sanctioned by the city," Pleasanton Mayor Jennifer Hosterman said.

Medical marijauna advocates say the clubs are necessary because the drug is
not available through pharmacies.

Although sympathetic to that argument, Hosterman said cities must ensure
the clubs, if allowed, don't harm residents.

"It's not about making a determination about whether marijuana ought to be
used medically," Hosterman said. "There is a lot of good evidence and
studies that marijuana can be useful for addressing the symptoms of various
illnesses. We want people to be able to have access to that drug if they
need it. We also want to make sure it is used properly."

Danville City Attorney Robert Ewing said medical marijuana "has not been
much of an issue here. We got one call maybe six months ago," from a
prospective marijuana club operator.

"But we are aware of what the other cities in the Tri-Valley are doing, and
we will more than likely take the issue to our council at some point,"
Ewing said.

The medical marijuana debate was complicated by last month's U.S. Supreme
Court decision upholding federal laws that ban the possession and use of
the drug.

But California Attorney General Bill Lockyer has issued bulletins to state
law enforcement agencies saying Prop. 215 still applies, and that police
should not seize marijuana or make arrests when someone is using the drug
in accordance with state law.

Orcutt said Manteca police are following those guidelines, which allow
individuals to grow up to 12 plants or possess six "buds" of marijuana.

Medical marijuana dispensaries, which stock much larger quantities of the
drug, are susceptible to raids by federal agents.

Pleasanton city staff are recommending that the council adopt an "urgency
ordinance" placing a 45-day moratorium on pot clubs while the city studies
the issue. The ordinance requires the support of at least four of the
council's five members, and may be extended for up to 22 months.

City officials want to study whether they have the ability to approve and
regulate an activity that's barred by federal law, and study procedures
adopted in other cities.

If the city decided to allow marijuana dispensaries, it might require
criminal background checks of operators and their employees, prohibit
dispensaries near schools and other sensitive areas, and place limits on
hours of operation.