SirBlazinBowl
New Member
The Pleasanton City Council voted Tuesday to adopt a 45-day ban on medical marijuana dispensaries here, but not without expressing concern for those who need the drug to relieve pain for cancer and other serious illnesses and are having trouble obtaining it.
State law allows individuals to use marijuana for medical purposes with a doctor's recommendation under guidelines established by Proposition 215, the so-called "Compassionate Use Act of 1996" that California voters approved. Federal law, however, prohibits the dispensing of marijuana for any use and, legal experts have said, trumps the California state law.
Pleasanton's action was in concert with a similar move Tuesday night by the Dublin City Council, and follows similar actions by other California communities and counties. The moratorium on allowing cannabis dispensaries follows reports by law officers that the establishments are selling marijuana to those with questionable doctor prescriptions who then re-sell the pot or smoke it for pleasure. A county deputy sheriff who spied on a dispensary in San Leandro said he found no "patients" buying the marijuana packets who appeared to have any health problems.
Police Chief Tim Neal, who recommended the 45-day ban, told the council that his own mother, who died of pancreatic cancer in 2002, used Marinol, a capsule form of the active ingredient in marijuana, to ease her pain. He said he is also on the board of Hope Hospice, an organization that works to obtain Class I painkillers like Marinol to help dying patients.
"But the cannabis clubs are not following the provisions of Prop. 215," Neal said. "They are unregulated outlets that could be opened anywhere in Pleasanton where a pharmacy could go, in your neighborhood shopping center, for instance. They would be an open invitation for abuse."
The need for the ban became apparent after San Francisco, Oakland and several West County cities started closing down dispensaries after finding sales abuses. Moving east toward cities that have been less concerned about marijuana problems, dispensary investors spotted Pleasanton and nearby cities. At least one inquiry has been made as to how long it would take to receive an operating permit here.
Although under Prop. 215 seriously ill Californians have the right to obtain and use marijuana for medical purposes, serious issues have arisen in its implementation. The guidelines, according to Neal, are so loose that it's hard to tell who can legally buy and possess marijuana. In addition, there has been no federal recognition of medical marijuana, causing conflicts between federal and state laws. Police recently found two marijuana plants in a man's apartment that he was harvesting to provide medical relief to his wife, with a doctor's permit to do so. They chose not to charge the owner nor seize the plants under Prop. 215, although federal law states that the plants are illegal.
"This ban has nothing to do with the merits of medical marijuana dispensaries, but only addresses our short term concerns," said Mayor Jennifer Hosterman after Tuesday's vote." Pleasanton residents who are legitimately using marijuana for medical purposes will be permitted to do so."
Councilwoman Cindy McGovern said an Alameda County Supervisor has suggested opening a medical marijuana dispensary at the county hospital where its sale could be tightly controlled. Others on the council said that might be an approach to follow locally.
City Atty. Michael Roush said the council will have to reconsider its moratorium on dispensaries in Pleasanton within 45 days. The ban can then be continued two more times for a total of about two years, but not after that.
Newshawk: SirBlazinBowl (420Times.com)
Source: Pleasanton Weekly
Copyright © 2005 Embarcadero Publishing Company
Contact:https://www.pleasantonweekly.com/morgue/2005/2005_08_19.acan19.shtml
Website: | PleasantonWeekly.com |
Author: Jeb Bing
State law allows individuals to use marijuana for medical purposes with a doctor's recommendation under guidelines established by Proposition 215, the so-called "Compassionate Use Act of 1996" that California voters approved. Federal law, however, prohibits the dispensing of marijuana for any use and, legal experts have said, trumps the California state law.
Pleasanton's action was in concert with a similar move Tuesday night by the Dublin City Council, and follows similar actions by other California communities and counties. The moratorium on allowing cannabis dispensaries follows reports by law officers that the establishments are selling marijuana to those with questionable doctor prescriptions who then re-sell the pot or smoke it for pleasure. A county deputy sheriff who spied on a dispensary in San Leandro said he found no "patients" buying the marijuana packets who appeared to have any health problems.
Police Chief Tim Neal, who recommended the 45-day ban, told the council that his own mother, who died of pancreatic cancer in 2002, used Marinol, a capsule form of the active ingredient in marijuana, to ease her pain. He said he is also on the board of Hope Hospice, an organization that works to obtain Class I painkillers like Marinol to help dying patients.
"But the cannabis clubs are not following the provisions of Prop. 215," Neal said. "They are unregulated outlets that could be opened anywhere in Pleasanton where a pharmacy could go, in your neighborhood shopping center, for instance. They would be an open invitation for abuse."
The need for the ban became apparent after San Francisco, Oakland and several West County cities started closing down dispensaries after finding sales abuses. Moving east toward cities that have been less concerned about marijuana problems, dispensary investors spotted Pleasanton and nearby cities. At least one inquiry has been made as to how long it would take to receive an operating permit here.
Although under Prop. 215 seriously ill Californians have the right to obtain and use marijuana for medical purposes, serious issues have arisen in its implementation. The guidelines, according to Neal, are so loose that it's hard to tell who can legally buy and possess marijuana. In addition, there has been no federal recognition of medical marijuana, causing conflicts between federal and state laws. Police recently found two marijuana plants in a man's apartment that he was harvesting to provide medical relief to his wife, with a doctor's permit to do so. They chose not to charge the owner nor seize the plants under Prop. 215, although federal law states that the plants are illegal.
"This ban has nothing to do with the merits of medical marijuana dispensaries, but only addresses our short term concerns," said Mayor Jennifer Hosterman after Tuesday's vote." Pleasanton residents who are legitimately using marijuana for medical purposes will be permitted to do so."
Councilwoman Cindy McGovern said an Alameda County Supervisor has suggested opening a medical marijuana dispensary at the county hospital where its sale could be tightly controlled. Others on the council said that might be an approach to follow locally.
City Atty. Michael Roush said the council will have to reconsider its moratorium on dispensaries in Pleasanton within 45 days. The ban can then be continued two more times for a total of about two years, but not after that.
Newshawk: SirBlazinBowl (420Times.com)
Source: Pleasanton Weekly
Copyright © 2005 Embarcadero Publishing Company
Contact:https://www.pleasantonweekly.com/morgue/2005/2005_08_19.acan19.shtml
Website: | PleasantonWeekly.com |
Author: Jeb Bing
