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Vote Is 4-1 For Approval Of New City Ordinance
Medical marijuana patients won't be getting their prescriptions filled in Auburn anytime soon.
The Auburn City Council approved a new ordinance Monday night disallowing facilities that distribute medical marijuana within city limits
Councilman Keith Nesbitt was the lone no in the 4-1 vote as the other council members, Kevin Hanley, Bob Snyder, Bridget Powers and Mayor Mike Holmes, voted to outlaw dispensaries.
Many proponents at the meeting said outlawing dispensaries goes against the will of California voters, who approved the "Compassionate Use Act" in 1996.
But that has created a legal quandary for several California cities, including Auburn. Some have sought to prohibit medical marijuana dispensaries since the U.S. Supreme court ruled federal drug laws apply, even in states that have condoned medical or "compassionate" use of the substance.
Although there weren't plans to establish a dispensary in Auburn, the city now joins others such as Roseville and Rocklin, which have prohibited dispensaries.
Some implored the council to keep access for patients.
"You don't have to be followers, but you can be leaders," said Ryan Landers, California state director of the American Alliance for Medical Cannabis.
Landers told the council that patients from the Auburn area go to Sacramento County to fill their cannabis prescriptions.
"Another thing to base your decision on is the number of patients within your city limits. You'd be surprised to know who they are. Some are your own friends who are scared to let people know they use medical marijuana," he said. "I understand what it's like to have to go to other communities because your own is not accepting of you."
Four others spoke in support of keeping Auburn's code as it is, which merely regulated where dispensaries could be located. No member of the public advocated outlawing them altogether.
But for several members of the council, the issue boiled down to federal law superceding state law.
Councilman Kevin Hanley said the debate was one for the federal level, but he also expressed concern for local businesses.
"(The council has) spent a lot of time thinking of ways to strengthen the business district," Hanley said. "But what I believe is that locating a medical marijuana dispensary next to a Roper's Jewelers in downtown or an Awful Annie's in Old Town will have a deleterious effect on the surrounding businesses in those districts."
Auburn Police Chief Valerie Harris said she conducted an informal survey of six different businesses, all of which said they would not be favorable to having a dispensary next door.
Hanley also said allowing dispensaries would expose the city to unannounced drug raids from the federal Drug Enforcement Agency.
Harris said the city had not received any formal applications to establish a dispensary in Auburn, but has received an e-mail inquiring about the community's stance on medical marijuana. The closest medical marijuana dispensary is in Colfax.
Hanley said it was inevitable that someone would try to establish one in Auburn.
"It's going to happen, it's going to go to the Planning Commission for deliberation and it's going to come here, so does this council want to say tonight that we don't want a medical marijuana dispensary in our city?"
Councilman Bob Snyder agreed, saying that the federal law needs to be respected until it is changed. Councilwoman Bridget Powers concurred.
However, Councilman Keith Nesbitt said he listened to those speakers who asked the council to vote with their heart.
"Anybody who's seen the effects of chemotherapy can't be against the compassionate use law," said Nesbitt, whose wife has battled cancer.
He said he was also concerned about proximity to schools.
"I'm voting on the principle that the most local government has the most effect on the people," he said. "I do not believe the federal government has the right to undermine the California electorate."
He added an emphatic "no" at the roll call vote of the council, which approved changing the ordinance.
Medical marijuana patients won't be getting their prescriptions filled in Auburn anytime soon.
The Auburn City Council approved a new ordinance Monday night disallowing facilities that distribute medical marijuana within city limits
Councilman Keith Nesbitt was the lone no in the 4-1 vote as the other council members, Kevin Hanley, Bob Snyder, Bridget Powers and Mayor Mike Holmes, voted to outlaw dispensaries.
Many proponents at the meeting said outlawing dispensaries goes against the will of California voters, who approved the "Compassionate Use Act" in 1996.
But that has created a legal quandary for several California cities, including Auburn. Some have sought to prohibit medical marijuana dispensaries since the U.S. Supreme court ruled federal drug laws apply, even in states that have condoned medical or "compassionate" use of the substance.
Although there weren't plans to establish a dispensary in Auburn, the city now joins others such as Roseville and Rocklin, which have prohibited dispensaries.
Some implored the council to keep access for patients.
"You don't have to be followers, but you can be leaders," said Ryan Landers, California state director of the American Alliance for Medical Cannabis.
Landers told the council that patients from the Auburn area go to Sacramento County to fill their cannabis prescriptions.
"Another thing to base your decision on is the number of patients within your city limits. You'd be surprised to know who they are. Some are your own friends who are scared to let people know they use medical marijuana," he said. "I understand what it's like to have to go to other communities because your own is not accepting of you."
Four others spoke in support of keeping Auburn's code as it is, which merely regulated where dispensaries could be located. No member of the public advocated outlawing them altogether.
But for several members of the council, the issue boiled down to federal law superceding state law.
Councilman Kevin Hanley said the debate was one for the federal level, but he also expressed concern for local businesses.
"(The council has) spent a lot of time thinking of ways to strengthen the business district," Hanley said. "But what I believe is that locating a medical marijuana dispensary next to a Roper's Jewelers in downtown or an Awful Annie's in Old Town will have a deleterious effect on the surrounding businesses in those districts."
Auburn Police Chief Valerie Harris said she conducted an informal survey of six different businesses, all of which said they would not be favorable to having a dispensary next door.
Hanley also said allowing dispensaries would expose the city to unannounced drug raids from the federal Drug Enforcement Agency.
Harris said the city had not received any formal applications to establish a dispensary in Auburn, but has received an e-mail inquiring about the community's stance on medical marijuana. The closest medical marijuana dispensary is in Colfax.
Hanley said it was inevitable that someone would try to establish one in Auburn.
"It's going to happen, it's going to go to the Planning Commission for deliberation and it's going to come here, so does this council want to say tonight that we don't want a medical marijuana dispensary in our city?"
Councilman Bob Snyder agreed, saying that the federal law needs to be respected until it is changed. Councilwoman Bridget Powers concurred.
However, Councilman Keith Nesbitt said he listened to those speakers who asked the council to vote with their heart.
"Anybody who's seen the effects of chemotherapy can't be against the compassionate use law," said Nesbitt, whose wife has battled cancer.
He said he was also concerned about proximity to schools.
"I'm voting on the principle that the most local government has the most effect on the people," he said. "I do not believe the federal government has the right to undermine the California electorate."
He added an emphatic "no" at the roll call vote of the council, which approved changing the ordinance.
