California, Dublin

[palmspringsbum]

Article Last Updated: 04/29/2006 02:46:18 AM PDT

Will city just say no to weed?
Dublin City Council to consider medical marijuana dispensaries

By Rebecca F. Johnson, STAFF WRITER
The Tri Valley Herald


DUBLIN — The City Council will once again consider the controversial issue of whether to allow medical marijuana dispensaries to operate in the city.

The council adopted a moratorium on any such proposals in August 2005 and extended the action in September 2005. The extension will expire in August, but can be continued for one additional year with at least a four-fifths vote of the council.

However, the council also has a number of options it can take, such as allowing medical marijuana dispensaries to operate under current zoning, establishing a new regulatory and zoning ordinance or banning them altogether.

At the August meeting, some council members expressed the desire to resolve the issue after hearing from staff members and residents in the future.

Mayor Janet Lockhart said she anticipates airing the issue at Tuesday's meeting rather than merely extending the moratorium.

"Moratoriums are just delays," she said. "I'm of the hope we'll have a very good discussion, come to some sort of conclusion and we'll come up with a plan."

Some neighboring cities, including Livermore and Pleasanton, have also established moratoriums.

Other East Bay jurisdictions, including Hayward and Berkeley, allow dispensaries to operate. Dublin Police Commander Gary Thuman said his department contacted other agencies to determine how law enforcement might be affected.

"There are some cities that have reported increases they can directly relate to medical marijuana dispensaries, some crime activity and calls for service," he said.

The city's report, which includes some crime statistics, also provides a list of published research studies on the benefits of medical marijuana for ailments such as nausea and vomiting from chemotherapy, muscle spasms, pain and joint inflammation.

The city's original moratorium was prompted by a dispensary that sought to operate in Dublin. In December, police raided a medical marijuana collective called the "Dublin Greene" where they seized five pounds of marijuana, various hash products and money.

The City Council meets at 7 p.m. Tuesday in the council chambers of city hall, 100 Civic Plaza.


Rebecca Johnson can be reached at (925) 416-4882 or rjohnson@trivalleyherald.com.

[palmspringsbum]

Posted on Mon, May. 01, 2006

Dublin council to take up medical pot boundaries

By Sophia Kazmi
CONTRA COSTA TIMES


Dublin officials will turn to the community Tuesday night for its views on how the city should handle medical marijuana dispensaries within the city's borders.

The City Council will discuss the pros and cons of the five options spelled out in a report prepared by the city attorney, the chief of police and a city planner.

It will provide direction on what avenues to pursue, but not make a final decision.

The options the report lays out are:

• To continue the existing dispensary moratorium for another year

• To allow dispensaries to locate under current zoning law. Depending on various factors, operators may or may not need a conditional use permit to operate. The city could not regulate the number of dispensaries.

• To adopt a zoning ordinance that would define "dispensary," spell out where they can be and possibly include a requirement a conditional use permit. An ordinance could also limit hours of operation and the number of plants on premise, and could ban smoking on and near the site, among other things.

• To adopt both a zoning ordinance and a regulating ordinance that would a require a special permit from the chief of police, plus stringent regulations.

• Ban all medical marijuana dispensaries within city limits.

The council approved a 45-day moratorium in August 2005 that prevented any dispensaries from opening in Dublin. The next month the council extended the moratorium for an additional 10 months and 15 days.

Mayor Janet Lockhart said she does not favor in extending the moratorium. Instead, she wants input from the residents and fellow council members on a more definitive game plan.

"I'm hoping we'll come together to talk about issues, decide if our community can support it and move on," Lockhart said.

Lockhart said she has already heard from residents by e-mail and voice mail, and expects to hear from more of them Tuesday.

Many East Bay cities have established strategies to address medical marijuana dispensaries. Concord has banned them; Hayward permits them in areas zoned for medical facilities and does not require a permit, unless the dispensary is in an area that requires a conditional use permit.

Alameda County allows a total of three dispensaries to operate in the unincorporated areas. They have to be spaced apart geographically, and not near schools. The county requires two-year permits, among other things. Berkeley, Martinez and Oakland have similar requirements.

The Contra Costa County Board of Supervisors voted last month to place a 45-day urgency moratorium on any new facilities in the unincorporated areas, so the county could study the issue.

Sophia Kazmi covers Dublin and Castro Valley. Reach her at 925-847-2122 or skazmi@cctimes.com.

IF YOU GO

DUBLIN CITY COUNCIL MEETING

When: 7 p.m. Tuesday

Where: Council chambers, 100 Civic Plaza

[palmspringsbum]

Article Last Updated: 05/04/2006 03:14:38 AM PDT

Medical pot gets harder to find
Dublin seeks ban on marijuana dispensaries

By Rebecca F. Johnson, STAFF WRITER
The Tri Valley Herald


DUBLIN — Medical marijuana users will have to look outside the city of Dublin to find a dispensary.

Following the lead of 19 other cities in California, including Concord, the Dublin City Council unanimously directed its staff to draft an ordinance banning dispensaries from operating within city limits.

The ordinance, which is expected to be brought back for council approval in June, will follow a moratorium the city placed on dispensaries last August and renewed in September.

Although the City Council had the option of extending the moratorium for an additional year when it expires in August, Dublin Mayor Janet Lockhart said she did not want to prolong the decision.

Im not interested in continuing the moratorium because it just begs the issue. Were not resolving anything. Were not moving forward in any way, she said.

Medical marijuana dispensaries operate in East Bay cities such as Berkeley, Hayward, Castro Valley, Oakland and Martinez. Several council members said given the proximity to other cities, Dublin residents can travel elsewhere to obtain marijuana.

I think theres adequate opportunity for those that are suffering to get relief, Council-woman Claudia McCormick said.

Vice Mayor Tony Oravetz and Councilwoman Kasie Hildenbrand said they were struggling with the idea that state and federal laws do not gel with regard to medical marijuana.

Although California voters passed the Compassionate Use Act of 1996 to allow cultivation of medical marijuana and the state senate subsequently imposed regulations, federal law still prohibits use of the drug.

I'm just not willing to put our city in the position of having a dispensary until we can have federal and state laws match up or until marijuana is not considered an illegal substance, Hildenbrand said. Its a quality of life issue for everyone — the people who need medical marijuana and the people who live here.

Although some members of the public spoke at the meeting when the moratorium was adopted, no one addressed the council at a hearing Tuesday night.

Many cities in Alameda and Contra Costa counties have adopted similar moratoriums in the past year but have yet to vote on any final decision.

Concords action resulted in a lawsuit filed by the Americans for Safe Access, a medical marijuana patient advocacy group based in Oakland. The suit has since been dropped. Dublin leaders acknowledged their decision could make them vulnerable to future litigation, as well.


Rebecca Johnson can be reached at (925) 416-4882 or

rjohnson@trivalleyherald.com.

[budman]

Posted on Mon, Jun. 05, 2006

Dublin considers medical pot dispensary ban

By Sophia Kazmi
CONTRA COSTA TIMES

DUBLIN - If its City Council gives the nod Tuesday, Dublin will become the first Tri-Valley city to ban medical marijuana dispensaries outright within city limits.

A proposed ordinance would prohibit the operation of medical marijuana dispensaries in the city limits. Concord enacted a similar ban last year.

During a public hearing last month, the Dublin council unanimously voted to have city staff create this ordinance, following discussion of the city's options in regulating the dispensaries. No one from the public spoke to the council about the issue.

Council members were hesitant to allow the operation of such a dispensary within city limits for several reasons. One of the main points is conflicting state and federal law on medical marijuana. While California voters in 1996 legalized the use of marijuana for medical purposes, the federal government considers the drug illegal regardless of use.

Mayor Janet Lockhart also said having a dispensary in Dublin is not necessary because three facilities in unincorporated Alameda County are within a 20 minute drive of the city.

Last August, the Dublin City Council placed a moratorium on medical marijuana dispensaries for 45 days. In September, the council added another 10 months and 15 days to the ban, giving the city more time to research its options.

Also on tonight's agenda is discussion of creating an ordinance that would make second-hand smoke a public nuisance. That would enable Dublin residents to take their neighbors to small claims court to hash out a solution to problems of drifting smoke, if necessary, Councilwoman Kasie Hildenbrand said. It would not be ban on smoking in public.

Hildenbrand asked city staff in March to research the idea. She made the request after a resident told her about her neighbor's refusal to stop smoking near property line of the two yards and smoke on the other side of the yard. Hildenbrand said the resident had some sort of medical condition aggravated by cigarette smoke and cannot do anything to make her neighbor smoke on the other side of the yard.

Since many people in Dublin live in close proximity to their neighbors, either in attached, multi-unit housing or single family houses that are bunched together, the nuisance declaration may be useful in handling similar problems with other residents, Hildenbrand said.

Sophia Kazmi covers Dublin and Castro Valley. Reach her at 925-847-2122 or skazmi@cctimes.com.

IF YOU GO

DUBLIN CITY COUNCIL MEETING

When: 7 p.m. tonight

Where: Dublin City Council Chamber, 100 Civic Plaza

[palmspringsbum]

Posted on Tue, Jun. 06, 2006

Dublin latest city to say no to medical pot dispensaries
By Sophia Kazmi
CONTRA COSTA TIMES


DUBLIN - The Dublin City Council voted Tuesday night to ban all medical marijuana dispensaries from operating in the city.

The unanimous 5-0 vote came as no surprise. In May, the council unanimously agreed to have the city staff draw up the ordinance to ban them from Dublin.

The ordinance defines a medical marijuana dispensary as any location where medical marijuana is available to two or more patients, a person carrying a medical marijuana ID card or a primary caregiver.

The ordinance will not affect clinics, health care facilities, or residential care facilities for persons with chronic or life-threatening illnesses. Residential care facilities for the elderly or hospices whose patients are in need of the drug will also be unaffected.

Council members said those who need medical marijuana should have access to it, but because it is still considered an illegal substance and because of crimes that have occurred at or near dispensaries, they believed it was not necessary to put residents' quality of life at risk to provide a service that already exists elsewhere in the county.

"There are facilities available for those who need it," Councilwoman Claudia McCormick said.

Some existing medical marijuana dispensaries in unincorporated Alameda County are within a 20-minute drive of Dublin.

Crime statistics, regulation issues and conflicting state and federal laws also were a factor in the council's decision to enact a ban. All marijuana is illegal under federal law, whereas medical marijuana, when approved by a physician, is legal in California.

Glenn White, the only resident to speak against the ban Tuesday night, said the city should not fear the federal government's stand on medical marijuana. He cited the 9th and 10th Amendments of the Constitution, which require that authority not specifically assigned to the federal government or denied to the people under the Constitution be reserved for the states.

He said there is nothing in the Constitution that addresses medical marijuana, so the state's law permitting its use should stand.

"The federal government does not have the right to regulate medical marijuana," he said, saying that unless there is some interstate commerce involved there is no need for the federal government to be involved in the state's business.

Dublin will be the first Tri-Valley city to ban such dispensaries and it will be the 20th city in California to do so. Some cities, including Concord, have been sued by Americans for Safe Access, whose members say it is in violation of state law to ban the dispensaries. The suit against Concord, however, was dropped.

The process to ban pot dispensaries in Dublin began in August when the council voted on a moratorium prohibiting their creation and operation in the city. At the time, the city had received an inquiry about the possibility of opening such a facility within city limits. In September, the council voted to extend the moratorium an additional 10 months and 15 days to give the city more time to research its options.

Sophia Kazmi covers Dublin and Castro Valley. Reach her at 925-847-2122 or skazmi@cctimes.com