St. Helena Says 'No' To Medical Pot

St. Helena residents will have to go out of town to legally buy their medical marijuana.

In the face of strong public opposition, the St. Helena City Council voted 4-1 this week to abandon an ordinance that would have allowed up to two marijuana dispensaries in the industrial and service commercial zoning districts.

"I don't think having a dispensary here will enhance St. Helena," said Councilwoman Sharon Crull, adding that she personally supports medical marijuana. "I just don't think it's necessary, I don't think it's good for our town, and I don't think the people here want it."

In last week's St. Helena debate, Councilman Eric Sklar cast the only dissenting vote.

Although Sklar didn't elaborate on Tuesday, when the council asked city staff to draft an ordinance in January he voiced strong support for dispensaries, saying medical marijuana helped relieve his late father's pain while he was battling cancer.

About 70 members of the public attended Tuesday's council meeting. More than half of the 25 people who addressed the council strongly opposed the ordinance. Some questioned why it had been drafted at all.

Public health concerns have led Yountville and American Canyon to ban dispensaries, said Lisa Toller. "Why can't we?" she asked.

Opponents said that aside from being poorly regulated, dispensaries would send the wrong message to local teens, who already abuse alcohol and drugs at rates higher than state and national averages.

They dismissed the argument that local marijuana patients shouldn't have to drive to Napa or Santa Rosa to purchase marijuana.

"We don't have access to a lot of things here in St. Helena," said Sara Cakebread, a mother of two teens. "We have to drive to Santa Rosa (and Napa) to buy underwear for our kids."

Critics also pointed out that the vast majority of people who have spoken in favor of the ordinance are from outside St. Helena.

"Who is going to benefit from this?" asked John Sales. "The citizens of St. Helena or some pushers from outside the county?"

Supporters of dispensaries told the council that having legal marijuana available locally would prevent patients from resorting to the black market.

In response to concerns about dispensaries increasing marijuana's use by teens, proponents said teens seeking marijuana for recreational use wouldn't be interested in the dispensary because its prices would be significantly higher than prices on the street.

"If you license a dispensary in this town and have tight regulations ... they're going to be very afraid of stepping over any lines because they don't want that permit yanked away as soon as they do something wrong," said Matt Potter, an analyst with the medical marijuana consulting firm CannBe.

Regardless of their personal opinions about medical marijuana, city council members agreed that local residents have clearly expressed their opinions about the issue.

"We're not here to necessarily just voice our own personal opinion," said Councilwoman Bonnie Schoch. "We represent everybody here."

She added that the city needs to hear from the St. Helena Unified School District, which never commented formally on the ordinance.

City Councilwoman Catarina Sanchez said the council needs more information, such as how much local demand exists and whether dispensaries would pose a threat to kids.

The council voted 4-1 not to adopt the ordinance, which effectively kills it. They stopped short of pursuing a moratorium on dispensaries because City Attorney John Truxaw said dispensaries are already illegal in St. Helena.

The city's zoning ordinance has a list of business types that are acceptable in various zoning districts. Since marijuana dispensaries aren't mentioned, a moratorium is unnecessary, Truxaw said. But he warned that dispensaries are among the most highly litigated issues in the state.

In January, after the city received an inquiry about establishing a dispensary, city staff suggested that the council might want to adopt a short-term moratorium. But instead, council members directed staff to draft an ordinance regulating dispensaries.

The ordinance attracted little controversy when the planning commission reviewed it. On May 4 commissioners passed the ordinance on to the council, stressing that they were not endorsing dispensaries, only following the council's direction to draft an ordinance.

In an e-mail, Planning Commissioner Peter White urged the council to vote against the ordinance.

"As a planning commissioner, I was not asked my opinion about whether or not we should have dispensaries but if the council was so moved to have them – what zoning regulations should govern them," he wrote. "In my judgment, the more restrictive the better, and in hindsight a total ban would be the best."

About 35 e-mails opposing the ordinance were addressed to the entire council. But individual council members reported receiving "hundreds" of e-mails for and against the ordinance over the last few weeks.


NewsHawk: Ganjarden: 420 MAGAZINE
Source: Napa Valley Register
Author: JESSE DUARTE
Contact: Napa Valley Register
Copyright: 2010 Napa Valley Register
Website: St. Helena says 'no' to medical pot
 
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