MEDICAL MARIJUANA STOREFRONTS BANNED

Pleasanton: Council Makes It Illegal to Operate Site Selling
Cannabis; Task Force Approved to Study Issue

After some additional vetting of the medical marijuana issue,
Pleasanton has become the latest East Bay city to ban marijuana
dispensaries from operating within its borders.

The City Council adopted the ban Tuesday night at the recommendation
of the police chief and city attorney after heated discussion among
council members.

The council unanimously approved an ordinance that makes it illegal
to operate a storefront for selling medical marijuana in Pleasanton.

Coupled with the vote, the council also directed the city staff to
keep an eye on pending federal legislation that would eliminate the
conflict between the state and federal government surrounding medical
marijuana use. The council plans to write to local congressional
leaders in support of the State's Rights to Medical Marijuana Act, or HR2233.

The council reached unanimity on the ordinance and direction to the
staff in several motions, but it was not able to reach consensus on a
second motion made by Councilman Matt Sullivan.

A majority of the council did eventually approve his motion calling
for the formation of a task force to study the community's needs for
medical marijuana and whether those needs are being met. Council
members Cindy McGovern and Jerry Thorne voted against the task force.

Both McGovern and Thorne said medical marijuana should not be
distributed from a storefront, but a licensed pharmaceutical
facility, like other controlled substances.

"I will not support outlets Advertisement for any regulated drug,"
Thorne said. "The current distribution system is stupid."

Although Councilwoman Cheryl Cook-Kallio said she cannot disregard
federal law and support the operation of medical marijuana
dispensaries, she did support the idea of forming a task force.

"There is a piece here that I would like to know," she said. "This
may provide an opportunity for people to come forward in a safe way."

One man, dressed in a shirt and tie, did come forward Tuesday to
address the council. He began by showing everyone his Alameda
County-issued medical marijuana ID card. The man, fearing retribution
from the federal government and the possible harassment of his
children, requested he not be identified.

Speaking of the Oakland dispensary he visits to pick up his
prescription, the man said, "It's not a place I want to go, it's a
place I need to go."

He added that he would be happy to serve on a task force to provide
perspective from a patient who benefits from the drug, which was
prescribed to him by his doctor.

Although a majority of the council said it wanted to study the issue
further, the council did agree that a ban should be in place before
the city's two-year moratorium on operating dispensaries expires in August.

Assistant city attorney Larissa Seto told the council that having a
dispensary without regulations in place would be risky for the city.
She added that repealing the ban is always an option.

According to Seto, the city was contacted by a dispensary owner in
April looking to open a storefront in Pleasanton after he was turned
away in Stockton.

Seto, along with police Chief Michael Fraser, made the recommendation
to adopt the ban, citing increased crime statistics near
dispensaries, including the incidents of armed robberies, burglaries
and vagrancy. Fraser also said there are documented cases of medical
marijuana being diverted to people who are not legally entitled to
use it, including teens.

Two residents spoke in favor of the ban, urging the council to
prevent local teens from having access to the drug.

Three people spoke against the ban, with one person arguing that if a
medical marijuana dispensary is banned to protect local youths, why
aren't shops that sell alcohol and cigarettes also banned.

A staff liaison with Alameda County Supervisor Nate Miley noted in a
letter to the council that if dispensaries are located throughout
Alameda County and within each city, patients would have easier
access and each community could meet the needs of its own residents.

As more cities continue to ban dispensaries, existing locations have
become overwhelmed.

In the past few years, about 20 cities have adopted bans, including
Concord, Dublin, Pleasant Hill, Antioch, Oakley, Pinole, Livermore,
San Pablo and Hercules.

Qualified patients can still obtain medical marijuana in Hayward,
Oakland, Castro Valley, San Lorenzo and Berkeley.