California, Ridgecrest

[budman]

Council votes to hold special meeting: Moratorium on medical marijuana sales topic of discussion

By Staff Reporter
Published: Thursday, August 17, 2006 6:18 PM CDT
The Daily Independent

JOHN V. CIANI / jciani@ridgecrestca.com

<table class=posttable align=right width=188><tr><td class=postcell><img class=postimg src=bin/clark-dan.jpg width=188></td></tr><tr><td class=postcap>“I think we need some kind of moratorium until we can write an ordinance that we feel comfortable with.” -Vice Mayor Dan Clark</td></tr></table>The Ridgecrest City Council will hold a special meeting Aug. 23 at 6 p.m. to consider an ordinance imposing a moratorium on licensing medical-marijuana dispensaries in Ridgecrest.

The item arose last night during City Attorney Steve O'Neill's report to the council regarding the regulation of such dispensaries in the city.

“There's really a host of options that we can explore,” he said.

O'Neill said options include placing a moratorium on future businesses and regulating the conduct of the current facility.

Vice Mayor Dan Clark said he is interested in a moratorium.

“That would give us time to research an ordinance, take a look at the facility and the quality of service that's being offered,” he said.

O'Neill told the council the city can enact an interim ordinance for a 45-day moratorium to give the staff time to explore options.

“I would like to have an ordinance. I'm not interested in a moratorium unless we're doing a moratorium only until we pass the ordinance,” said Councilmember Ron Carter. “I want to make sure everything is legitimate and above board. It's legal. It's not something we can stop, but we can have an ordinance of regulations.”

He said regulations should include a guarded door. “No one enters unless they have proper documentation from a doctor. When you first walk in, there's no medical marijuana in that portion, and they take the documentation from the patient.”

Carter said he wants the regulations to include verification of patients from doctors, building security, a separate room for patients to purchase medical marijuana, no smoking and workers have no criminal record.

Clark said he visited the local medical-marijuana dispensary, Epicurean Delights, and talked to some patients, “and they all seemed to have legitimate reasons why they wanted to use marijuana in our community.”

He said he still has concerns about the legitimacy of the whole system.

“There's been major, major glitches in Proposition 215 that I think we all need to be aware of,” Clark stressed. “I think we need some kind of moratorium until we can write an ordinance that we feel comfortable with.”

Mayor Pro Tem Duke Martin said that while he does not totally agree with Prop. 215, “it's something that's the law, and I will uphold the law.”

Epicurean Delights owner Jeff Clark pointed out that patients declare under penalty of perjury that the information provided is true and accurate.

“If you come into my store and buy pot and go out into the street and sell it, you're going to lose your license back to day one, and you're going to be guilty of charges back to day one,” he said.

“I believe in the ordinance. I believe you should an ordinance regulating the dispensaries,” Jeff Clark added.

Talking about security, he said his facility has three locked doors before getting to the dispensary. “Each door has two locks. The dispensary is in a separate room where the actual sales are made. There is a lobby. I don't need people standing outside. I don't want people loitering in my parking lot. I don't want any drug use in the establishment, around the establishment, near the establishment.”

[palmspringsbum]

Council OKs moratorium on medicinal marijuana

By Staff Reporter
Published: Sunday, August 20, 2006 2:25 AM CDT
The Daily Independent

JOHN V. CIANI/jciani@ridgecrestca.com

The Ridgecrest City Council met Friday and voted 4-0 to adopt an urgency ordinance imposing a 45-day extendable moratorium on the licensing of medicinal-marijuana/cannabis dispensaries in the city.

According to City Manager Harvey Rose, during the moratorium the council will be presented with a regulatory ordinance controlling the location and operation of existing and future dispensaries.

The item arose Wednesday during City Attorney Steve O’Neill’s report to the council regarding the regulation of such dispensaries in the city.

Resident Dorothy Brown urged the council not to do something to eliminate the possibility of competition. She also pointed out that California voted to allow the use of medical marijuana.

“It is my belief that the government of the United States, by making the possession of marijuana illegal, has created the worst kind of monopoly,” she said. “The voters of this state have seen fit, by ballot, to permit this activity.”

California voters passed Proposition 215, the Compassionate Use Act, in 1996. The act allows physicians to recommend patients for the medical use of marijuana by a patient, and the cultivation, transportation and use of marijuana for medical purposes by patients and caregivers, while exempting them from criminal laws, punishment, or the denial of any rights or privileges in California.

The measure specifies that it is not intended to overrule any law that prohibits the use of marijuana for nonmedical purposes.

In 2004, the California Department of Health Services established the Medical Marijuana Program to facilitate the registration of qualified patients and their caregivers, through a statewide identification system. Kern County’s MMP will be part of this system.

[Midnight toker]

Tuesday, October 03, 2006

Council extends marijuana moratorium: Proposed ordinance on the table

By Staff Reporter
Published: Sunday, October 1, 2006 1:33 AM CDT
The Daily Independent


JOHN V. CIANI/jciani@ridgecrestca.com

The Ridgecrest City Council Friday voted 5-0 to approve a five-month extension on the licensing of medical-marijuana dispensaries in the city. The extension will give the council time to consider a proposed ordinance regulating such facilities.

The council, at a special meeting Aug. 18, adopted an urgency ordinance imposing a 45-day extendable moratorium on the licensing of medicinal-marijuana/cannabis dispensaries in the city.

Councilmembers received a draft of a proposed ordinances regulating medical-marijuana dispensaries.

Councilmember Ron Carter said limiting the number of dispensaries to two was not appropriate.

“Even if we want to have a number the market is going to determine that,” he said.

He also expressed concern about limiting the hours of operation to 8 a.m. to 5 p.m.

“There’s a lot of people who work,” said Carter. “This is a business. We should leave it up to the business.”

He also expressed opposition to limiting the number of patients to 250 per month.

“Again this is a business. If there’s more patients than 250 that need medical marijuana, that should be available to them without an invitation,” Carter said.

Epicurean Delights partner Stan Harrington said the arrest and other actions of partner Jeff Clark adversely affected their business.

“I do not share Mr. Clark’s views and have been humiliated by his recent actions,” said Harrington. “I feel Mr. Clark has not acted in the best interest of the community and has cast a shadow on what is otherwise a legitimate endeavor.”

Harrington requested an exemption to the moratorium so he can obtain a license to keep Epicurean Delights open. “Mr. Clark and I are in the process of dissolving our partnership in Epicurean Delights. Because of this dissolution of our partnership, it will nullify our business license, there will be no dispensary in town if I’m not allowed to obtain a new city business license. This exemption will in no way will affect the proposed moratorium. Prior to the proposed moratorium, I was in operation.”

He said if he could not keep his business open, patients would have to drive two hours to obtain their medication or get it from the illegal market.

“We are a new business. We pay taxes and have already improved the appearance of the facility we operate,” Harrington added. “The patients that visit my dispensary are honest citizens. They should not be relegated to long travel times that usually worse than the conditions for which they need medical cannabis.”

Resident Dorothy Brown told the council that she prefers a true co-op.

“The dollar sign is eliminated, and that’s the important part of medical marijuana,” she said. “There’s definitely a need. I object to having one lone business in town. Anytime you have exclusive anything, it invites trouble.”

Police Chief Mike Avery said if the council grants an exemption, a background check on the operator should be completed.

Councilmembers balked at such an exemption.

“The reason why we put the moratorium in place is so we could put an ordinance into the books that regulated to our satisfaction the proposed business,” said Councilmember Steve Morgan. “I see no reason to extend any license or to change what our intent was — which was to put something on the books before we had a second, third, fourth or fifth — however many businesses you wish within the city. My opinion is to extend the moratorium and not allow any license to be issued.”

Mayor Chip Holloway said businesses owners have a responsibility to public.

“This business has a responsibility at another level,” he said. “This is a business that came into the community very controversial, and there are very strong opinions on both sides. It’s ultimately the business owner’s responsibility to do the right thing, and the buck has to stop somewhere.”

Holloway said there is a need for this type of business, and it needs to be regulated appropriately.

“It needs to be run without any kind of hint of any kind of problem or impropriety,” he added. “For the first one out of the box to come to this community and have this many problems this quickly is terrifying to me. This is another example of something that is going to hurt the people who need it the most.”

The council will consider introducing the proposed ordinance Wednesday.

[budman]

No decision yet on marijuana ordinance

By Staff Reporter
Published: Thursday, October 5, 2006 4:30 PM CDT
The Daily Independent


The Ridgecrest City Council last night sent a proposed ordinance regulating the operation of medical-marijuana dispensaries back to staff for further work.

The item was on the agenda for introduction and first reading.

Epicurean Delights Compliance Coordinator Don Blakemore told the council the dispensary is open under local management.

“We have negotiated, as a small group of peace advocates, a settlement of the differences of the managing partners,” he said. “They will be retiring to their farms in Bakersfield and Lake Isabella, and the dispensary here is under local management.”

He told the council the dispensary serves approximately 120 certified patients.

“We certainly appreciate the draft ordinance. It gives us a blueprint to work with so we can come up with a workable business plan so that we can fit into the community as a law-abiding facility,” said Blakemore. “We don’t want this to be a source for crime, an attractive nuisance or anything like that. We simply want to be able to service the people that are in need.”

Councilmember Ron Carter called the proposed ordinance complicated and lengthy.

“When I read the one from the county, it has exactly the same information as the draft from our attorney, but it’s much clearer and streamlined,” he said. “I would propose that we go with what was passed by the county.”

He proposed that the chief of police be the regulating authority.

“I’m not ready to act on this,” said Councilmember Steve Morgan.

Vice Mayor Dan Clark said he would like the proposed ordinance to require security guards.

“My thinking is that if we were to consider this, I would like to see a security guard that is run through a separate agency,” he said.

“We’re open to that except for the cost,” said Blakemore, “We are in a low-crime town. We are looking at adequate entrance security, and we would really like to keep our costs down so we don’t have to pass them on to the patients who, for the most part, are on disability and limited incomes. We’re not dealing with a high-crime clientele, and we’re not dealing with a large amount of product or money on the premises.”

“I’m not ready to pass anything at this point, especially after listening to the chief.” Clark said. “This is somewhat convoluted at best in terms of legal clarity for the police chief. If we can’t have the police as the regulatory agency, then I’ve got real problems with that because we need a regulatory agency to look at this business and make sure that in fact it’s safe and that they’re not going to be robbed and whatever product is dispensed is safe for the public.”

The council met Friday and voted 5-0 to approve a five-month extension of a moratorium on the licensing of medical-marijuana dispensaries in the city to provide sufficient time to consider a proposed ordinance regulating such facilities.

[palmspringsbum]

Dispensary seeks new location

By Staff Reporter
Published: Sunday, October 22, 2006 1:17 AM CDT
The Daily Independent

JOHN V. CIANI/jciani@ridgecrestca.com

Epicurean Delights medical-marijuana dispensary is seeking a new location, according to Compliance Coordinator Don Blakemore.

Speaking during public-comment portion of the Ridgecrest City Council meeting Wednesday, he said the business agreed to hire an outside security agency to ensure only qualified patients are allowed to enter.

“We are looking at finding a new building so that we are outside the 1,000-foot limit to [James] Monroe Middle School,” said Blakemore.

He said the business is approximately 980 feet from the school.

Blakemore said he has begun an anti-driving-under-the-influence education program.

Mayor Chip Holloway suggested that Blakemore wait until the council adopts a regulatory ordinance before finding a new location.

“There has been some talk about conditional-use permits as far as that ordinance,” he said. “That may or not may not happen.”

Vice Mayor Dan Clark thanked Blakemore for obtaining outside security.

“That was one of my major concerns. You listened, and I appreciate that,” he said.

[palmspringsbum]

Tuesday, December 12, 2006

Council tables medical-marijuana ordinance

By JOHN V. CIANI - Staff Reporter € jciani@ridgecrestca.com
Published: Friday, December 8, 2006 12:33 PM CST
The Daily Independent

The Ridgecrest City Council last night voted to table a proposed ordinance regulating the operation of medical-marijuana dispensaries in Ridgecrest.

City Manager Harvey Rose said the proposed ordinance was amended in accordance with the council's wished from its Nov. 15 meeting.

“There's going to be an impact whether it's in the county or in the city,” said Police Chief Mike Avery.

He said a 55-page document from the California Police Chiefs Association talked the secondary effects of medical-marijuana dispensaries in their communities. It included two incidents in Kern County and Bakersfield. The report lists several incidents involving medical-marijuana dispensaries in several cities and counties throughout the state.

According to the report, Drug Enforcement Agency officers and Kern County Sheriff's deputies arrested three subjects in raid on the Free and Easy cannabis dispensary in Bakersfield Sept. 8, 2005. Kern County sheriffs summoned the DEA after being called to investigate a robbery at the facility. Police found plants growing at one subject's home plus 20 pounds of marijuana, and illegally possessed firearms.

In July 2005, the director of American Kenpo Kungfu School of Public Health was arrested for cultivating more than 2,000 plants at three different locations. He was charged with conspiracy to distribute and possess more than 1,000 plants. The offenses carry a minimum of 10 years in prison.

“There's no way I can quantify what that impact is going to be on the police department, but I can tell you it will impact our job. We're going to have to respond to more incidents because of this, whether it's loitering around the medical-marijuana dispensary to people illegally selling off their portion.” Avery said.

He said while in the course of his duties as assistant city manager, a maintenance worker found a medical-marijuana prescription bottle in the Skate Park.

“I cannot tell you if it came from the local one, but I can say is our kids have had access now to that, and that concerns me greatly,” he added.

When Mayor Chip Holloway opened up the item to public comment, 17 people - six for and 11 against - the proposed ordinance came to the microphone.

Dr. Everett Witzell was the first to speak against the ordinance.

“It's a sad day for health if indeed our city has a dispensary for marijuana,” he said. “We do know, unfortunately, that smoking marijuana causes more quicker emphysema. It's a sad, sad day when we will permit something that's illegal by the federal government to be in our city.”

Epicurean Delights Compliance Officer Don Blakemore said his facility has been in operation since July.

“The Constitution of the state of California was amended in 1996 by Proposition 215, which made medical marijuana legal,” he said. “We're not here about placing a place of intoxication in our city. We have those rampant in our cities. We're talking about a place where needy people can come to get safe, regulated medication and take it home. It's a place where certified patients only can come and get their medication, and if kids are getting a hold of their parents' medication, I'm concerned about that too.”

Blakemore said the medical-marijuana bottle found in the Skate Park did not come from his dispensary. “We don't sell it in bottles.”

St. Michael's Episcopal Church Rector and Indian Wells Valley Christian Ministers Fellowship President Rev. John Paul Wadlin said the fellowship opposes the distribution of marijuana in the city.

“When I came to this town four-and-one-half years ago and rode with the police department, one of the big problems they had was tracking down the distribution of marijuana, and I cannot see how we can expend our manpower and resources in the police department to try to stamp out and eradicate the distribution of marijuana while on the other hand supporting the distribution of marijuana.”

Resident Al Huey suggested the council continue its moratorium.

“Many cities have established moratoriums while additional data is gathered. There are several lawsuits ongoing in the state of California, and some with the federal government,” he said. “I think it would be wiser to stay under the umbrella of a moratorium as long as you could and gather information and maybe where this issue is going to come down legally speaking.”

Another resident, Don Post, told the council his wife is a medical-cannabis patient.

“She's also a 100-percent disabled veteran. She's taken a multitude of other drugs for her problems, and medical marijuana is the one thing that really helps her,” he said. “Medical marijuana is a legal drug in California. I think if we ask those patients to go to Lancaster or Bakersfield to obtain it so as not to send a mixed message to our children, this audience would be of a different opinion and attitude. I believe that a chicken-little approach to this issue would be a travesty to these individuals who do not nave the means or ability to drive three or four hours round-trip to obtain their legal medication.”

Resident John Sandt told the council he was a police officer in Los Angeles and San Bernardino counties.

“The Constitution says federal law pre-empts state law,” he said. “It's true that people in California passed a law, but it ignores the fact that they're in conflict with federal law. It doesn't matter what you do.”

Jean Throckmorton said she lives with constant pain but opposes the medical-marijuana dispensary.

“I believe we need to address chronic pain as much of the medical profession does - through proper diet, exercise, programs of therapy that work,” she said. “I believe making it legal in the city will only make it more available to everyone. It is a really bad idea for our city to go on record saying that we approve of distributing marijuana in any form.”

Resident Dorothy Brown spoke in support of the proposed ordinance because she said it gives the chief of police jurisdiction over dispensaries in the city.

“I think the chief of police should have control within his jurisdiction of the medical-marijuana dispensaries, unless he would like it in the county where he has no jurisdiction, where he cannot keep an eye on things,” she said.

“Nobody has said that marijuana does not work for some people. Nobody has accused those of you who use this drug of doing it illegally,” said Walt Maurer. “My personal opposition to this is very simple - it's called public endangerment.”

Mayor Pro Tem Steve Morgan said his position on the ordinance is unchanged.

“I think there has been presented more evidence, and I think that as time rolls on, we would get more and more evidence to show not that we do not believe in the Medical Cannabis Act of 1996, but rather it is just not appropriate within the confines and the borders of the city of Ridgecrest.”

“I feel we do have a legitimate need for medical marijuana,” said Councilmember Ron Carter. “Research, I believe, indicates that. I talked to a lot of medical doctors. I've talked to a lot of patients. I haven't changed how I feel about helping these people.”

Councilmember Dan Clark suggested tabling the item.

“Originally when this came across our desks, I was absolutely opposed to it,” said Councilmember Dan Clark. “Then listening to attorneys and talking to staff, and if we said no we would be sued. That was a major concern of mine.”

He said the city wrote an ordinance, and the council went through it with a fine-tooth comb to try to regulate something the council is uncomfortable with.

“Now the police chief has submitted a 55-page document that we have to read that is saying the police chiefs in the state of California had some real concerns,” said Clark. “Now I don't know what I want to do again. I'm not willing to vote on this one way or the other.”

“It seems like every argument you can make that we should have it, there's another argument that says we shouldn't have it,” said Vice Mayor Tom Wiknich. “I have a real problem putting our police department into a situation where we have a federal law that says you can't do it, and state law says you can.”

Holloway said the meeting was the third major discussion on this issue.

“The real issue in my mind is do we want this facility in the city or in the county,” he said. “If I have to pick my poison, it's better to have it in the city so at least I can regulate it. I have more factual evidence as to whether that's a good choice for the community, and I have a responsibility to protect the community.

“I doubt very seriously that you will find one person in this audience who doesn't want to reach out and help every individual in this room who testified that they need this product,” said Holloway. “I think this ordinance for this dispensary is tight. I think you are well regulated. I think you will do the right thing.”

He said he agreed with Clark's approach to delay action on the ordinance.

[palmspringsbum]

Medical-marijuana dispensary closes doors

The Daily Independent
By Staff Reporter
December 19, 2006

<table class=posttable align=right width=300><tr><td class=postcell><img class=postimg width=300 src=bin/epicurean_delights.jpg></td></tr><tr><td class=postcap>The building on West Ridgecrest Boulevard that housed Epicurean Delights, a local medical-marijuana dispensary, now stand vacant after the business closed.</td></tr></table>Epicurean Delights, a local medical-marijuana dispensary located on West Ridgecrest Boulevard, closed its doors, but the circumstances of the closing are unclear. The business opened its doors in July.

The closure comes at a time when the Ridgecrest City Council is considering an ordinance regulating the operation of such facilities.

Some believed the facility was closed as a result of action by the federal Drug Enforcement Agency.

DEA Public Information Officer Special Agent Casey McEnry said the federal agency did not conduct an enforcement operation at that location.

“We have not been able to identify any federal agency involved with the medical-marijuana dispensary,” said Ridgecrest Police Chief Mike Avery. “Other information I have obtained suggests that DEA was not involved.”

Epicurean Delights Manager Nick Hall said he closed the dispensary pending council action on the proposed ordinance, adding that the DEA was not involved in the closure of the facility.

“Because there is no ordinance and because there’s so many people who don’t want us here right now, I just closed up,” he said. “If the city passes an ordinance, I’ll reopen it. If they don’t, it’s going to stay closed. It’s something the community really needs.”

Hall said if the council passes the ordinance, he will open a dispensary under his own name.

Compliance Officer Don Blakemore also withdrew his support of the medical-marijuana dispensary.

In a letter to the council, he stated that he withdrew his support citing Avery’s concerns about possible impacts on his department.

“I do not wish to oppose him in this matter,” Blakemore stated. “My every effort has been to make this process as easy as possible for everyone. We found an untenable situation, and for a time we did create, I think, a near-ideal model for a dispensary despite the odd architecture and the horrible name.”

He said if the council wishes to go forward with the ordinance, the proposal should contain a one-year sunset clause with a provision for renewal based on council consensus.

Blakemore also recommended an iimmediate-termination-of-permit clause if a violent crime occurs and a suspension-of-permit clause after three police responses for nonviolent crimes or complaints pending the police chief’s review. He also recommended a limit on the amount of product and cash that can be kept on the premises.

The council, at its Dec. 6 meeting, voted to table the proposed ordinance so members can review a 55-page report from the California Police Chiefs Association.

The document from the California Police Chiefs Association talked the secondary effects of medical-marijuana dispensaries in their communities. It included two incidents in Kern County and Bakersfield. The report lists several incidents involving medical-marijuana dispensaries in several cities and counties throughout the state.