In a unanimous decision Tuesday May 4, the city council voted to ban medical marijuana dispensaries in the city of Alameda. Though the council, city staff and the police have never been accepting of these dispensaries, the decision came more as a result of convenience than distaste.
In November 2008, the city council placed a moratorium on medical marijuana dispensaries within the city. The temporary ban was a result of a facility, the Purple Elephant, opening on Webster Street by claiming to be a retail shop on city forms. The moratorium was set to expire June 2010.
Following council's 2008 decision, city staff drafted a formal ordinance banning dispensaries outright. The city council asked the planning board to make a recommendation as to the decision to pass the permanent ban.
In January, the planning board recommended that council not ban all dispensaries. It suggested that the council look into allowing medical marijuana facilities at certain locations within the city. However, the board determined that the city could not prepare a legalization ordinance by the original moratorium expiration. The board decided that the city should not expend its resources drafting a legalization ordinance, and left whether to ban medical marijuana dispensaries outright to the council.
The city council decided to ban dispensaries indefinitely. Councilwoman Marie Gilmore told the Sun of her vote, "I voted for the ban because it is an area where the law is in a state of flux and it would be good to learn from other cities' experiences. Alameda does not need to be at the forefront of this issue.
"Also, staff, the planning board and the city council could not determine a good location for a dispensary. More importantly, a thoughtful ordinance permitting dispensaries would take a while to craft and go through the public comment process, and staff didn't feel that it could be accomplished by the time the moratorium expired in June, or even November if it were extended." She added that the new ordinance is better than no ordinance at all.
The legality of pot shops has often been under scrutiny. It is uncertain under California law whether they are even allowed, as the Compassionate Use Act, the law that allows medical marijuana, does not mention the use of dispensaries. Drug Enforcement Agency raids on dispensaries have been common, as federal law does not recognize them as legal.
The California Police Chief's Association has reported increases in crime near where marijuana stores are located. When asked whether Alameda experienced any crime as a result of the Purple Elephant being open, Alameda Police Chief Walter Tibbet said it couldn't be determined. However, Tibbet told the Sun, "the vast amount of people going into the Purple Elephant did not appear ill," indicating that many of its clients, from his and others' observations, were misusing their medical marijuana licenses.
In the interest of fairness, the Sun contacted the Harborside Health Center medical marijuana dispensary in Oakland to get its opinion on the council's decision (the Purple Elephant moved elsewhere). Harborside's media relations' person, who asked not to be named, was unfamiliar with council's reasons for banning. She did state that medical marijuana facilities can be beneficial to their communities, as sales tax brings in a substantial amount of revenue. She stated that the dispensaries often create well-paying jobs. Marijuana, she told the Sun, can help with the effects of anxiety, cancer treatment, glaucoma and other illnesses.
The Harborside representative did mention that there are dispensaries that do not properly operate. She also mentioned that many dispensaries sneakily operate for profit, something that is expressly legally forbidden.
The Harborside spokesperson admitted that there are some patients that misuse their medical marijuana licenses, but stated that "there are always going to be people who will want to get high, but that's true with anything. It's not a reason for keeping it out of people's hands."
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Alameda Sun
Author: Sam Felsing
Copyright: 2010 Alameda Sun
In November 2008, the city council placed a moratorium on medical marijuana dispensaries within the city. The temporary ban was a result of a facility, the Purple Elephant, opening on Webster Street by claiming to be a retail shop on city forms. The moratorium was set to expire June 2010.
Following council's 2008 decision, city staff drafted a formal ordinance banning dispensaries outright. The city council asked the planning board to make a recommendation as to the decision to pass the permanent ban.
In January, the planning board recommended that council not ban all dispensaries. It suggested that the council look into allowing medical marijuana facilities at certain locations within the city. However, the board determined that the city could not prepare a legalization ordinance by the original moratorium expiration. The board decided that the city should not expend its resources drafting a legalization ordinance, and left whether to ban medical marijuana dispensaries outright to the council.
The city council decided to ban dispensaries indefinitely. Councilwoman Marie Gilmore told the Sun of her vote, "I voted for the ban because it is an area where the law is in a state of flux and it would be good to learn from other cities' experiences. Alameda does not need to be at the forefront of this issue.
"Also, staff, the planning board and the city council could not determine a good location for a dispensary. More importantly, a thoughtful ordinance permitting dispensaries would take a while to craft and go through the public comment process, and staff didn't feel that it could be accomplished by the time the moratorium expired in June, or even November if it were extended." She added that the new ordinance is better than no ordinance at all.
The legality of pot shops has often been under scrutiny. It is uncertain under California law whether they are even allowed, as the Compassionate Use Act, the law that allows medical marijuana, does not mention the use of dispensaries. Drug Enforcement Agency raids on dispensaries have been common, as federal law does not recognize them as legal.
The California Police Chief's Association has reported increases in crime near where marijuana stores are located. When asked whether Alameda experienced any crime as a result of the Purple Elephant being open, Alameda Police Chief Walter Tibbet said it couldn't be determined. However, Tibbet told the Sun, "the vast amount of people going into the Purple Elephant did not appear ill," indicating that many of its clients, from his and others' observations, were misusing their medical marijuana licenses.
In the interest of fairness, the Sun contacted the Harborside Health Center medical marijuana dispensary in Oakland to get its opinion on the council's decision (the Purple Elephant moved elsewhere). Harborside's media relations' person, who asked not to be named, was unfamiliar with council's reasons for banning. She did state that medical marijuana facilities can be beneficial to their communities, as sales tax brings in a substantial amount of revenue. She stated that the dispensaries often create well-paying jobs. Marijuana, she told the Sun, can help with the effects of anxiety, cancer treatment, glaucoma and other illnesses.
The Harborside representative did mention that there are dispensaries that do not properly operate. She also mentioned that many dispensaries sneakily operate for profit, something that is expressly legally forbidden.
The Harborside spokesperson admitted that there are some patients that misuse their medical marijuana licenses, but stated that "there are always going to be people who will want to get high, but that's true with anything. It's not a reason for keeping it out of people's hands."
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Alameda Sun
Author: Sam Felsing
Copyright: 2010 Alameda Sun
