PLEASANT HILL MAY BLOCK MEDICAL MARIJUANA DISPENSARIES

Don "Buzz" Fowler has seen people at their worst make their way to
his business.

The owner of El Sobrante's M E Delivery, one of two medical marijuana
dispensaries in Contra Costa County, says the majority of his more
than 800 clients come to him under the most dire of circumstances.

"I get people coming in crying and skinny and dying," Fowler said.
"Four months later, they've gained weight and they're smiling...these
people got to eat to get over these cancers."

Locating businesses like Fowler's is becoming increasingly difficult
based on city efforts across the county to block medical marijuana
dispensaries from coming into town. Monday, the Pleasant Hill City
Council will join those other cities and decide if it will create an
outright ban on such businesses.

"I do think it's important for us to (put the ban) in place ,
specifically because if we don't have guidelines and an ordinance . .
. once they're there, it's very difficult to get rid of them," said
Sue Angeli, Pleasant Hill councilwoman. "It's easier to enforce the
law to keep them out than create one once they are already in."

The proposed ban would block dispensaries from setting up shop in
order to protect residents from adverse secondary impacts city staff
associated with them, according to a staff report. The ban would not
prevent qualified patients and primary caregivers from using medical
marijuana in Pleasant Hill.

Despite a lack of crime statistics, Pleasant Hill Police Chief Peter
Dunbar told the planning commission about problems he dealt with when
he worked in Oakland over medical marijuana dispensaries. Those
included third-party drug dealing, unauthorized sales and burglaries.

California voters approved the Compassionate Use Act in 1996, making
medical marijuana legal for patients with a doctor's recommendation.
SB 420 established guidelines for distribution, as well as an
identification card program.

Yet these laws conflict with a 2005 U.S. Supreme Court ruling that
found possessing or distributing marijuana, even for medical
purposes, is a violation of federal law.

Other Bay Area cities that have adopted similar bans on dispensaries
include Concord, Dublin, Antioch, Oakley, Pinole, Livermore, San
Pablo and Hercules. Pleasanton is considering one and Contra Costa
County recently extended a moratorium that blocks any new dispensary
from opening in the unincorporated area through April 2008.

Oakland, Berkeley, Hayward, Martinez and San Francisco, among others,
have regulatory ordinances allowing dispensaries.

"If we had the only dispensary here, we would have people coming from
all over and we don't have enough police to handle any secondary
problems, so we shouldn't have them here," said Planning Commissioner
Lola Fellinger.

The only other Contra Costa marijuana dispensary is in Richmond near
Hilltop Mall.

Kris Hermes, legal campaign director for Americans For Safe Access, a
pro-medicinal marijuana organization, said this type of mentality
doesn't address the larger issue of access.

"It allows them to say 'It's not my issue, it's someone else's
issue,' and that's unfortunately not addressing people's issues in
their own back yards," Hermes said. "In general, we're very concerned
when cities and counties feel that banning safe access from their
community is an option. Cities and counties should understand their
obligation to come to the aid of their residents who use these facilities."

If the City Council doesn't pass the ban, potential dispensaries
could locate to Pleasant Hill under the same provisions as a retail
pharmacy with no local controls.

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IF YOU GO

WHAT: Pleasant Hill City Council meeting

WHERE: 100 Gregory Lane, Pleasant Hill

WHEN: 7:30 p.m., Monday, May 7, City Council Chamber

CONTACT: 925-671-5267