LEGALITY OF POT SHOPS STILL HAZY

Despite the more than 110 medical marijuana dispensaries that have popped
up in Northern California since the state's approval of the 1996
Compassionate Use Act, the legitimacy of pot shops in the state remains
very much in doubt.

The future of medical marijuana distribution hinges on a United States
Supreme Court decision that is expected as soon as this summer, experts
say, and until then marijuana dispensaries operate in a nebulous region
between a vague authorization by state statutes and an federal law that
refutes marijuana as a plant with medicinal purposes.

And when Truckee enacted a temporary moratorium blocking medical marijuana
dispensaries in town last month, the decision was made with these
uncertainties in mind.

"I am not convinced they are legal," said Nevada County District Attorney
Michael Ferguson of marijuana shops.

The State's Stance

Medical marijuana was first legalized by California proposition 215 in
1996. But the law was broad enough to leave the specifics of legal amounts,
distribution and enforcement cloudy.

In 2003, the state senate attempted to clarify the medical marijuana law by
enacting Senate Bill 420. Despite setting personal marijuana possession
limits, outlining a medical marijuana identification card system, and
reaffirming the legality of marijuana for medicinal use, the bill also
spurred a new round of questions and interpretations.

One of the largest unanswered questions is how registered medical marijuana
users can obtain the drug.

"We have to differentiate between a medical marijuana dispensary and a
medical marijuana collective," Ferguson said.

A collective -- which grows, divides and distributes marijuana among a
group of patients without charging money -- is allowed under state law,
Ferguson said. But as soon as an establishment starts accepting money for
cannabis, it is not supported by current medical marijuana statute, he said.

"They start charging money," Ferguson said, "and they are selling marijuana."

Placer County Deputy District Attorney David Tellman agreed that
dispensaries that sell pot are on shaky ground.

"I think there is an open question if the dispensaries are authorized by SB
420," Tellman said.

With the definitions of "collectives" and "primary caregiver" up for
interpretation, the application of the Senate bill is still "as clear as
mud," Tellman said.

In the end, Placer County looks at whether they can convince a jury that
the person violated law beyond a reasonable doubt before taking a marijuana
case, said Tellman.

Two Dispensaries, Two Outcomes

Just down Interstate 80 from Truckee, two medical marijuana dispensaries
opened up in 2004. In their short existence the two shops have had wildly
different experiences.

Roseville's Capitol Compassionate Care opened as a small marijuana
distribution center in late January. But towards the end of 2004 the center
had grown to employ 14 people and reportedly cultivated nearly 2,000
marijuana plants.

In early September federal officials raided the dispensary, confiscating
marijuana and other property. Although no drug charges were filed by the
federal agents and the shop reopened the next day, the dispensary
voluntarily shut down in less than a month.

Meanwhile, the Golden State Patient Care Collective opened in Colfax after
co-owners Jim Henry and Cheryle Riendeau were discouraged from opening a
dispensary in neighboring Nevada County.

A year after their doors opened, the Colfax store is still seeing 50 to 100
patients come into the shop each day, said Anita Lincoln, a Golden State
Patient Care Collective employee. And unlike the Roseville location, the
federal government has largely left them alone.

The shop, which is located in an office complex off of Highway 174, has two
security guards, security cameras and alarm systems, Lincoln said.

"We have security but we've never had to use them," she said.

In a town that does not even have a regular pharmacy, most of the
dispensary's patients are between 50 and 70 years old and are visibly ill,
often limping or on crutches, said Lincoln.

Federal vs. State Law

Federal law and California law butt heads on the medical marijuana issue,
and it remains unclear which statute takes precedent. A Supreme Court case,
Raich v. Ashcroft, is expected to resolve this conflict.

The crux of the Supreme Court case is whether medical marijuana cultivation
and distribution is considered "interstate commerce," which falls under
federal jurisdiction.

The federal government argued that even if marijuana is cultivated and
given away for free it still constitutes interstate commerce. The
plaintiffs said that marijuana that is cultivated and consumed in a single
state, and is not bought or sold, is subject only to state law.

The Supreme Court finished hearing arguments on the case last year and is
currently formulating a decision.

When that decision is handed down it will eliminate much of the murkiness
surrounding the enforcement of medical marijuana uses, said Sgt. Ron
Ashford of the Placer County Sheriff's Department.

"In the legislation there is a lot of room to move there -- a lot of
leeway," Ashford said.

Meanwhile, patients and operators of the marijuana dispensaries wait for
the court decision that is expected to either endorse or criminalize the
distribution of medical marijuana.

"We have a ton of patients that are terrified," said Lincoln, from her job
at the Colfax marijuana dispensary. "If we get taken away they will not
know what to do."

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TOWN OF TRUCKEE'S DIRECTION

The Truckee Town Council adopted a 45-day prohibition on medical marijuana
dispensaries in town at their May 19 meeting. Within 45 days the council
will once again take up the medical marijuana discussion as they review
proposed zoning regulations for marijuana shops. These regulations, which
will become an amendment to the town's development code, have to be
approved by the town's planning commission and town council before becoming
effective.