Sunnyvale City Council Votes To Ban Medical Marijuana Dispensaries

Medical marijuana dispensaries have no place in Sunnyvale, according to the city council.

The council voted on Dec. 14 to prohibit medical marijuana dispensaries within city limits, ending months of research and debate and going against recommendations by the planning commission. The prohibition will go into effect after a second reading of the ordinance in January.

"I don't think we want to be a community that allows this kind of storefront," Mayor Melinda Hamilton said. "We don't allow gambling, we don't allow any more strip clubs or other nuisance businesses. I think this says a lot about the community we are.

"We want to be a community that's compassionate, but not one that's compassionate at the expense of our future," Hamilton said.

More than 60 people turned out to the meeting, and more than 40 spoke in a debate that lasted nearly four hours. The council approved the city staff's recommendation to prohibit dispensaries, passing a draft ordinance by a 4-2 vote. Councilmen Tony Spitaleri and David Whittum voted against the ban, and Councilman Ron Swegles was absent.

"A ban doesn't work when you don't provide alternatives," Spitaleri said. "To not explore how this can work and how we can regulate it is a shame."

The planning commission discussed the issue at its Nov. 22 meeting, recommending the city council direct staff to write up a draft ordinance to allow medical marijuana dispensaries. Had the council followed the planning commission's recommendation, a draft ordinance would have been presented for discussion at a January meeting.

Of the more than 40 public speakers at the meeting, the vast majority supported a ban on medical marijuana dispensaries.

"A well-crafted ordinance is one thing, but the reality of the regulation and safety of these business is another," resident Mei-Ling Stefan said.

Resident Carol Eyring, who brought her daughter, Kaylene, to the podium, added, "Do not prostitute our city and our children for the price of taxes from medical marijuana dispensaries. Just say no to drugs."

Community development director Hanson Hom said in his staff report that the city believed the costs to regulate and police medical marijuana distribution was "significant," and the lack of state oversight on the issue was a major concern. Whittum said that concerns over rising marijuana use among teens would not be allayed by prohibiting medical marijuana dispensaries.

"I think the proponents of this ban should leave tonight and come up with a way to deal with the issues that have been raised tonight," Whittum said. "This problem isn't going away. Teenagers aren't going to stop smoking marijuana just because [we ban MMDs]."

"I think regulation is preferable to turning a blind eye," he added.

The city studied the issue of medical marijuana distribution for most of the year. The council passed a temporary moratorium in May banning medical marijuana dispensaries, then extended it in July to give city staff time to study possible effects and gauge public reaction to possibly allowing dispensaries. The city held three public outreach forums and posted an online survey for residents to complete.

Supporters of allowing dispensaries argued that medical cannabis patients deserve safe access to marijuana and that tight regulation of the dispensaries would allow the city to manage the issue.

"What you're looking at is if you want to grab the reins, regulate and get control of this issue," resident Craig Litwin said. "That's far superior to turning your backs on it."

The most common concern among council members was that the city was being asked to deal with a wide-ranging, statewide issue without support or guidance from the state. Medical marijuana cultivation and use is legal in California, but the state does not provide financial or political assistance to cities to deal with the issue, council members said.

"The state has not given us the tools to deal with this," Councilman Jim Griffith said. "I understand that Oakland can handle regulating medical marijuana distribution, but we have a fraction of the resources of Oakland. We're not ready to deal with this yet."


NewsHawk: Ganjarden: 420 MAGAZINE
Source: San Jose Mercury News
Author: John Dugan
Contact: San Jose Mercury News
Copyright: 2010 San Jose Mercury News
Website: Sunnyvale City Council votes to ban medical marijuana dispensaries
 
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