CHICO, CA – Dylan Tellesen is looking for the city of Chico to step up in what he says is an extremely urgent issue – medical marijuana dispensaries.
A local artist, Butte College instructor and most recently, executive director of Citizen Collective, a proposed medical marijuana dispensing collective, Tellesen said the need for a legitimate and safe dispensary locally is great.
Holding a prescription for medical marijuana himself, Tellesen, who suffers from debilitating migraines, has a vision for what he believes could be a terrific community service. He says Citizen Collective would provide medical relief to local residents in an environment similar to a pharmacy and offer medical marijuana users a place to go that isn't a "shoddy and unprofessional" operation out of someone's home.
The dispensary would employ well-trained staff who have undergone background checks, would provide educational classes to patients and would work hand-in-hand with city and law enforcement officials, Tellesen said.
"Citizen Collective would provide access to patients in a way that's ethical, safe and comfortable," Tellesen said. "It's just a safer model; it's more legitimate."
But local officials say there are several roadblocks preventing Tellesen's plans, namely the legality of storefront dispensaries.
Tellesen has focused much of his efforts on encouraging a city ordinance that would provide for the zoning of dispensaries.
Zoning laws operate in a way that a specific use is authorized for a particular area. That use must be explicitly identified, and if it is not, the use is prohibited in that zone.
Assistant City Manager John Rucker, who is the city's designated expert on the topic of dispensaries, said medical marijuana dispensaries are not identified for use in any Chico zone.
"They are not permitted under our zoning," Rucker said. "We are quite firm about that."
Rucker said the municipal code would need to be amended in order to allow dispensaries to exist within the city limits. Citizens can apply to change the zoning ordinance.
As of Friday, Rucker said no person or group has applied to change the current zoning regulations to allow medical marijuana dispensaries.
But Rucker said even if Tellesen applied to change the city's zoning regulations and was successful in that endeavor, he would still come up against a much larger hurdle: criminal prosecution.
"The zoning is not going to influence the criminality of dispensaries," Rucker said.
Butte County District Attorney Mike Ramsey said even if a city zoning amendment passed to allow dispensaries, they would still be illegal and operators would be engaging in criminal activity.
"The law does not allow for the sale of marijuana," Ramsey said. "It is clearly illegal."
So why are dispensaries popping up in other cities around California with what appears to be little legal recourse?
Ramsey said Proposition 215, which legalizes the use of marijuana for medical purposes, is "notoriously vague" and that "dispensaries have always hidden in the shadows" of the 1996 proposition. The ambiguity in the language of the law ultimately creates a subjective interpretation of it, with some cities and counties clearing the way for dispensaries while others have closed their doors to them.
Although the language of the law may be unclear, one thing is certain in Butte County – the person charged with interpreting the laws locally has deemed storefront dispensaries illegal. Until and unless a California Supreme Court decision or California voters choose otherwise, it seems as though Ramsey's legal interpretation of Proposition 215 stands and those who choose to ignore it could face criminal prosecution.
Still, with dispensaries dominating most city, county and state discussions, the city of Chico will certainly be faced with taking a stance on the sale of medical marijuana sooner or later.
Tellesen, who said he is "primed and ready to go" with Citizen Collective, hopes that conversation will be pushed to the forefront of the city's priorities.
Even though Tellesen does stand to gain if dispensaries are allowed to operate, he said he is more concerned about what Chico could lose should the city fail to take immediate action.
"Other cities have put their heads in the sand," Tellesen said. "It forces patients into the black market."
Tellesen said many collectives and cooperatives – which Ramsey and Rucker both admit are legal – are already illegally selling medical marijuana in unsafe environments. Rucker admitted there may be some illegal dispensaries in operation in Chico.
If Chico enacts an ordinance allowing zoning for dispensaries, Tellesen said it allows a mechanism for the enforcement of dispensaries and ultimately provides a safer community for all residents.
"This is a real opportunity to do something great for our city," Tellesen said.
The city is already in the process of drafting an ordinance prohibiting the outdoor cultivation of medical marijuana, which is expected to go before the Internal Affairs Committee late this year or early next year.
Tellesen plans to formally present his ideas for Citizen Collective at that time and said he is looking for Chico officials to take a "leadership role" in a discussion being debated throughout California.
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Chico Enterprise-Record
Author: TONI SCOTT
Contact: HOME - Chico Enterprise Record
Copyright: 2008 - Chico Enterprise-Record
Website:Chico pot dispensary likely to face challenges
A local artist, Butte College instructor and most recently, executive director of Citizen Collective, a proposed medical marijuana dispensing collective, Tellesen said the need for a legitimate and safe dispensary locally is great.
Holding a prescription for medical marijuana himself, Tellesen, who suffers from debilitating migraines, has a vision for what he believes could be a terrific community service. He says Citizen Collective would provide medical relief to local residents in an environment similar to a pharmacy and offer medical marijuana users a place to go that isn't a "shoddy and unprofessional" operation out of someone's home.
The dispensary would employ well-trained staff who have undergone background checks, would provide educational classes to patients and would work hand-in-hand with city and law enforcement officials, Tellesen said.
"Citizen Collective would provide access to patients in a way that's ethical, safe and comfortable," Tellesen said. "It's just a safer model; it's more legitimate."
But local officials say there are several roadblocks preventing Tellesen's plans, namely the legality of storefront dispensaries.
Tellesen has focused much of his efforts on encouraging a city ordinance that would provide for the zoning of dispensaries.
Zoning laws operate in a way that a specific use is authorized for a particular area. That use must be explicitly identified, and if it is not, the use is prohibited in that zone.
Assistant City Manager John Rucker, who is the city's designated expert on the topic of dispensaries, said medical marijuana dispensaries are not identified for use in any Chico zone.
"They are not permitted under our zoning," Rucker said. "We are quite firm about that."
Rucker said the municipal code would need to be amended in order to allow dispensaries to exist within the city limits. Citizens can apply to change the zoning ordinance.
As of Friday, Rucker said no person or group has applied to change the current zoning regulations to allow medical marijuana dispensaries.
But Rucker said even if Tellesen applied to change the city's zoning regulations and was successful in that endeavor, he would still come up against a much larger hurdle: criminal prosecution.
"The zoning is not going to influence the criminality of dispensaries," Rucker said.
Butte County District Attorney Mike Ramsey said even if a city zoning amendment passed to allow dispensaries, they would still be illegal and operators would be engaging in criminal activity.
"The law does not allow for the sale of marijuana," Ramsey said. "It is clearly illegal."
So why are dispensaries popping up in other cities around California with what appears to be little legal recourse?
Ramsey said Proposition 215, which legalizes the use of marijuana for medical purposes, is "notoriously vague" and that "dispensaries have always hidden in the shadows" of the 1996 proposition. The ambiguity in the language of the law ultimately creates a subjective interpretation of it, with some cities and counties clearing the way for dispensaries while others have closed their doors to them.
Although the language of the law may be unclear, one thing is certain in Butte County – the person charged with interpreting the laws locally has deemed storefront dispensaries illegal. Until and unless a California Supreme Court decision or California voters choose otherwise, it seems as though Ramsey's legal interpretation of Proposition 215 stands and those who choose to ignore it could face criminal prosecution.
Still, with dispensaries dominating most city, county and state discussions, the city of Chico will certainly be faced with taking a stance on the sale of medical marijuana sooner or later.
Tellesen, who said he is "primed and ready to go" with Citizen Collective, hopes that conversation will be pushed to the forefront of the city's priorities.
Even though Tellesen does stand to gain if dispensaries are allowed to operate, he said he is more concerned about what Chico could lose should the city fail to take immediate action.
"Other cities have put their heads in the sand," Tellesen said. "It forces patients into the black market."
Tellesen said many collectives and cooperatives – which Ramsey and Rucker both admit are legal – are already illegally selling medical marijuana in unsafe environments. Rucker admitted there may be some illegal dispensaries in operation in Chico.
If Chico enacts an ordinance allowing zoning for dispensaries, Tellesen said it allows a mechanism for the enforcement of dispensaries and ultimately provides a safer community for all residents.
"This is a real opportunity to do something great for our city," Tellesen said.
The city is already in the process of drafting an ordinance prohibiting the outdoor cultivation of medical marijuana, which is expected to go before the Internal Affairs Committee late this year or early next year.
Tellesen plans to formally present his ideas for Citizen Collective at that time and said he is looking for Chico officials to take a "leadership role" in a discussion being debated throughout California.
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Chico Enterprise-Record
Author: TONI SCOTT
Contact: HOME - Chico Enterprise Record
Copyright: 2008 - Chico Enterprise-Record
Website:Chico pot dispensary likely to face challenges
