CITY EFFECTIVELY BANS MEDICAL MARIJUANA

Pinole: Council Tries To Balance Voters' Will And Federal Law, Saying
Clubs 'Shall Be Allowed,' When Legal

Without appearing to take sides in the standoff over medical
marijuana between the state and federal government, the Pinole City
Council has enacted what amounts to a ban on cannabis clubs.

Under Pinole's ordinance, a medical marijuana dispensary or
cooperative "shall be allowed," but "only if consistent with state
and federal law."

The state recognizes medical marijuana, but the federal government
holds that marijuana is an illegal drug with no medical value.

The vote Tuesday was 4-0, with Councilman Peter Murray absent. No
member of the public spoke to the issue. The ordinance will go before
the council for a second vote May 15.

Aside from recreational uses, marijuana is used to alleviate
discomfort caused by an array of ailments, including chronic pain,
AIDS, cancer, multiple sclerosis, epilepsy, nausea, appetite loss and anxiety.

In 1996, state voters approved the Compassionate Use Act, which
authorizes the cultivation and use of medical marijuana upon a
doctor's recommendation. In 2003, SB420 set guidelines for
distribution of the drug.

The federal Controlled Substances Act puts marijuana in the same
class as heroin and LSD: drugs with a high potential for abuse and no
medical use. In 2005, the U.S. Supreme Court affirmed the federal
government's power to enforce federal marijuana laws even in states
such as California that recognize the drug as a medicine.

Pinole's ordinance acknowledges the intent of the city's voters, who
favored the

Compassionate Use Act along with the rest of the state, but it also
acknowledges the federal ban, Assistant City Attorney Inga Lintvedt
said. City Attorney Ben Reyes said that if and when the federal
government recognizes medical marijuana, the council could regulate
cannabis clubs.

The ordinance adopted Tuesday was among four alternatives Lintvedt
presented. The others were to regulate dispensaries, including their
locations and hours of operation; ban them; or treat them the same as
pharmacies and clinics under existing zoning regulations.

Elsewhere in West Contra Costa, San Pablo and El Cerrito banned
medical marijuana dispensaries last year. Hercules, also last year,
banned medical marijuana without mentioning it by name, prohibiting
the issuance of a business license to "any business which violates
state or federal law."

Richmond has no ordinance but says that because its codes do not
address cannabis clubs, they are illegal -- a view contradicted by
the multitude of cities and counties that have enacted moratoriums
while they attempt to craft ordinances. A cannabis club remains in
business near Hilltop mall.

In April, Contra Costa County extended a moratorium on the opening of
new dispensaries in unincorporated areas for a year.