California, Livermore

[budman]

<span class=postbold>See Also</span>: 10 Jul 06 - Staff report recommending extension of moratorium.

Article Last Updated: 07/12/2006 03:35:56 AM PDT

Livermore City Council extends marijuana plan

Conflicting state and federal laws are problem

Inside Bay Area
By Lea Blevins, STAFF WRITER



LIVERMORE — The City Council has approved what Mayor Marshall Kamena called a "recipe" for another year of a medical marijuana dispensary moratorium.

The council voted 4-0 Monday, with Councilwoman Lorraine Dietrich absent, to direct city staff members to prepare an ordinance extending the moratorium for an additional year. The current moratorium ends Sept. 11.

City staff will bring the item back to the council before the current moratorium — set in October 2005 — ends, when the Council will hold a public hearing.

Staff members stated that because of the discrepancy between state law — which allows marijuana use for medical purposes — and federal law — which prohibits marijuana under all conditions — the moratorium would give the city another year to see how pending court cases on the matter are decided.

"We're in a quandary because we're sworn to uphold both state and federal law," Chief of Police Steve Krull said. "I think the proper resolution is extending the moratorium."

The council could have elected to adopt an ordinance permitting and regulating dispensaries or to adopt an ordinance prohibiting them, but chose to take advantage of the additional year allowed for a moratorium and play the wait-and-see game.

City Attorney John Pomidor warned that the city would "expose" itself to the possibility of a lawsuit if the council banned dispensaries now.

Dublin and Concord are the only East Bay cities to ban dispensaries thus far.

Nearby cities of Pleasanton, Fremont, San Leandro and others also have chosen moratoriums.

Alameda County, along with the cities of Berkeley, Oakland and Martinez, allow dispensaries with regulations. The nearest dispensary to Livermore is in Castro Valley.

Although the council and city staff will have a while longer to consider the matter if the yearlong moratorium is approved, some council members hinted that they could be open to allowing dispensaries within certain zoning districts.

Council Members Marj Leider and Tom Reitter both talked about permitting a dispensary near or actually inside the police station as a way to prevent crime that has been associated with dispensaries, such as robbery and the sale of illegal drugs.

On Monday night, the council also voted 3-1, with Kamena dissenting, to change the method used to calculate density for properties with more than one street frontage.

In 2003, the city adopted a new General Plan that changed the definition of gross acreage to all the land within the boundaries of the property and up to the mid-line of all adjacent fronting streets.

Residential density will now be calculated using a propertys largest street frontage only.

Leider, who made the initial request for discussion on density calculations, said that new developments would be more palatable to adjacent neighbors if fewer units are packed into a small space.

I think its easier for the neighbors and the public to accept, Reitter agreed.

Staff members provided examples of approved and pending development projects to show the difference in the number of units between including one street frontage and all street frontages.

A 0.34-acre site along South Livermore Avenue and Third Street would allow 11 units instead of 13. A 29-acre site along Las Positas Road and Bennet Drive would allow 533 units instead of 545.

Kamena disagreed with the decision because he said there was no problem with the existing policy, and he feared smaller developments could suffer under the new density calculation.


Lea Blevins can be reached at lblevins@angnewspapers.com or (925) 416-4819.

[palmspringsbum]

Posted on Tue, Jul. 25, 2006

Livermore extends moratorium on pot dispensaries

By Meera Pal
CONTRA COSTA TIMES

LIVERMORE - The City Council has extended its moratorium on medical marijuana dispensaries in Livermore -- due to expire Sept. 11 -- for another year.

The council on Monday night directed its staff to return Sept. 11 with a plan for investigating the issue before a permanent decision is made.

Council member Lorraine Dietrich asked the staff why nothing has been done since the first moratorium was adopted almost a year ago.

Councilman Tom Reitter said a year was too long to wait to clarify the issue.

"How can we make this type of facility work in Livermore?" Reitter said. "There are people who need this facility closer to their home."

The extension was opposed by Livermore business owner Michael Ferrucci, who has been an activist in efforts to make it legal for patients to grow and possess marijuana for medicinal use.

"There is no imminent danger or threat to the public," Ferrucci said.

When the council first adopted the moratorium in 2005, Ferrucci suggested addressing law enforcement concerns by locating a dispensary near a hospital or police station.

City staff members said they have been monitoring developments regarding medical marijuana dispensaries during the current moratorium,

The extension will allow the staff to study the legal, zoning, business and governmental issues, according to a report to the council from Livermore police Chief Steve Krull, city attorney John Pomidor and community development director Marc Roberts.

Last week, the Pleasanton City Council extended its own pot club moratorium but stopped short of banning medical marijuana dispensaries. The council asked for more information on the impact dispensaries have had in other communities.

Voter-approved state law allows for a person to use marijuana for medicinal purposes if recommended by a doctor. But federal law prohibits marijuana use for any purpose, including medical ones, resulting in conflicts between state and federal law.

Because of that state/federal conflict, some counties and some cities, including Concord and Dublin, have banned medical marijuana dispensaries in their jurisdictions.

Bay Area cities and counties that have adopted regulatory ordinances allowing dispensaries include Oakland, Berkeley, Hayward, Martinez, Santa Rosa, San Jose, Santa Cruz, San Francisco and Alameda County. Alameda County will begin accepting applications for a medical marijuana ID card program next month.


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Reach Meera Pal at 925-847-2120 or mpal2@cctimes.com.

[palmspringsbum]

Posted on Wed, Nov. 15, 2006

Livermore seeks permanent ban on marijuana dispensaries

By Brian Foley
MEDIANEWS STAFF
The Contra Costa Times

LIVERMORE - City officials are moving forward with plans to permanently ban medical marijuana dispensaries.

An existing moratorium is scheduled to expire Sept. 11, 2007 after the council voted to extend it two months ago. City officials say that the City Council didn't want to wait until the last minute to make a permanent decision.

"We ran the course on investigating and researching and reached a critical point where we were able to come up with a recommendation for the council," said city attorney John Pomidor. "The council didn't want us taking it to the last moment."

On Monday, the council voted 4-1 to instruct its staff to draft an ordinance.

"We've done extensive research," said City Manager Linda Barton. "We were unable to find a model or an example of a successful operation that didn't deal with secondary impacts."

Those secondary impacts include a reputation that dispensaries draw crime. On top of that, a problem looms for cities because of disparities between state and federal laws. While Proposition 215 legalized marijuana for medicinal purposes at the state level, the federal government regards the drug as illegal.

Councilman Tom Reitter, the dissenting vote, favored communicating with the city of Oakland and its dispensary operators before making a permanent decision.

On Monday, a handful of opponents urged the council to show restraint, reminding them that with Congress shifting to Democratic control that federal marijuana laws might change.

An Oakland attorney, James Anthony, lambasted the city staff's report on the subject that heavily relied on past negative incidents with dispensaries. Anthony called the report "a hatchet job" that ignored positive aspects. He pointed to Oakland, which regulates, permits and oversees four successful dispensaries.

"(The staff report) was very one-sided," he said. "It consisted of cut-and-paste horror stories associated with unregulated dispensaries."

Barbara Killey, an Oakland administrative hearing officer, confirmed that Oakland police has "had almost zero problems with dispensaries." She said Livermore officials have not contacted her.

Livermore resident Michael Ferrucci, a medical marijuana patient, hopes for a strong turnout when the City Council formally votes on an ordinance. He said Tri-Valley residents who are sick shouldn't have to drive to Oakland and Hayward for medicine.

"I want to invite the public -- cancer patients, M.S. patients, pain patients -- to show up and have their eyes on the council as they take their medicine away," he said.

Pomidor expects the city staff to present an ordinance to the council in January.

In June, Dublin formally banned dispensaries and in July, Pleasanton extended its year-long moratorium.

Brian Foley can be reached at bfoley@trivalleyherald.com or 925-416-4818.

[palmspringsbum]

Posted on Tue, Dec. 12, 2006

Livermore delays move to ban medical pot dispensaries

By Brian Foley
MEDIANEWS STAFF
The San Jose Mercury News

LIVERMORE - The City Council delayed plans Monday to ban medical marijuana dispensaries, instead requesting more information from cities that allow and regulate them.

The city has a moratorium on dispensaries, which expires in September 2008. City staff and Police Chief Steve Krull recommended passing a permanent ordinance to ban them, citing their reputation for drawing crime. City Attorney John Pomidor added that Proposition 215, which legalized marijuana for medical purposes, contradicted federal law. It was unclear from the outset how the vote would fall.

After a lively debate, the result was a 3-2 vote to delay an outright ban, with Mayor Marshall Kamena and Councilman John Marchand dissenting.

Councilman Tom Reitter was the most outspoken against implementing a ban; he offered a hypothetical situation, that a patient who obtains medical marijuana in Oakland could have it taken away during a routine traffic stop in Livermore.

"I just think that's wrong because you are taking someone's (medicine)," he said. "They would be pushed out into the street to buy it illegally."

Vice Mayor Marj Leider told city staff to find positive examples of cities regulating dispensaries. "All of the information we got from the police and staff was negative," she said. "I don't see the big hurry (to ban them) right now."

Kamena said if the moratorium expires and the council doesn't take action, dispensaries can open by default. He said his decision to pass an ordinance is based on "the community standards."

Marchand said he was "torn" in his decision, but said he supports an ordinance because dispensaries require city resources in enforcing regulations and providing security.

"It does require a great deal of oversight by the city, by the police," he said. "There is not a significant income stream to provide that oversight to the community."

Three residents urged the council to delay passing a permanent ordinance. Andrew Glazier, a patient, said several other local residents were too intimidated to show up to Monday's meeting. He told the council it sometimes is necessary to go against federal law.

He also said dispensaries can be safe if regulated correctly. "I'm not pro-marijuana as so much pro-access for the needy," he said after the meeting.

City Attorney John Pomidor maintained that dispensaries can attract crime. "There is a potential for secondary effects that we don't want to have to face right now," he said. "The second reason is the federal law."

Pomidor said the city plans to draft a letter to federal officials to request removing its inconsistencies with California law. He said the city will wait until next month to send the letter, when a new Congress under Democratic Party control takes power.

Staff writer Brian Foley can be reached at 925-416-4818 and bfoley@trivalleyherald.com._

[palmspringsbum]

Livermore Joins Other Cities In Banning Pot Clubs

The Contra Costa Times
Tue, 25 Sep 2007
Eric Kurhi

LIVERMORE -- Livermore joined neighbors Dublin and Pleasanton in banning medical cannabis dispensaries within city limits by passing a similar ordinance Monday night.

The new law was approved after its second reading without any opposition or fanfare. Broader discussions on the topic were held last November, at which time it was decided that secondary impacts of such facilities -- most notably increased crime -- outweigh the benefits to the community.

At that time, City Manager Linda Barton told the Council that based on findings in other communities that allow medical marijuana facilities, it would add significantly to the police department's workload and could require additional staff.

Pleasanton banned the dispensaries in June, but are trying to work with Alameda County to see how great the demand is for such facilities.

Dublin passed a ban last year.

Other Bay Area cities with bans on dispensaries include Concord, Dublin, Pleasanton Hill, Antioch, Oakley, Pinole, San Pablo and Hercules.