US- San Andreas Woman Puts Pot Dispensary Plans on Hold

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A San Andreas woman's plans to open Calaveras County's first medical marijuana dispensary are apparently on hold.

Kim Cue says intimidating comments made by Sheriff Dennis Downum have caused her to delay the opening of her dispensary, or cannabis club.

Downum says his comments, made at several public meetings over the last year, were not meant to threaten Cue. Rather, said the sheriff, he meant to advise county officials about the threat to public safety some dispensaries have caused in other counties.

Downum said he has never spoken with Cue.

He maintains, however, that federal law enforcement would likely shut down any cannabis clubs that open in the county.

While Downum has said he would not notify federal authorities if a dispensary opened, he has pledged to cooperate if agents come in to shut it down.

County supervisors in February passed an ordinance regulating where and how the dispensaries can operate. That move was spurred by Cue, when she in September applied to open a club in San Andreas.

"It's tiring, it's frustrating. Sometimes it's overwhelming," said Cue, who said she wanted to open the club at 154 E. Saint Charles St. in San Andreas but is now hesitant to do so.

"It literally comes down to one person and that's Downum," she said.

Planning Department Director Bob Sellman said he has not yet received an application to open a dispensary at the San Andreas site.

Downum said Cue's plans are likely on hold because she is waiting for a Supreme Court decision on a medical marijuana case, not because of his comments.

"Everybody's waiting for that court decision," Downum said. "Everybody's on hold."

The case, Raich v. Ashcroft, involves Oakland woman Angel Raich who sued the federal government in 2002 for interfering with her right to use medical marijuana under state law.

California voters passed the Compassionate Use Act in 1996, allowing for the limited sale and harvest of marijuana for medicinal purposes.

Cue says she is very interested in the case, in which a ruling is expected in early May. But she added that it's not the only factor in her decision.

Downum's comments have done just as much to make her wait, she said.

Waiting is something Hilary McQuie of Americans for Safe Access, a medical marijuana advocacy group, said Cue should not have to do.

McQuie said individuals and many cities and counties are misinformed about the Raich case. She said the decision will affect individuals who grow medical marijuana but won't have any immediate impact on those who operate dispensaries.

"I know that (case) is why they're waiting," McQuie said. "Legally, they don't need to be doing that, and they shouldn't be."

McQuie noted she has not heard of cases where sheriffs have intimidated individuals who want to open cannabis clubs. She added, however, local law enforcement has no obligation to cooperate with federal officials who might raid a dispensary.

Assistant County Counsel David Sirias confirmed there is no obligation, adding Downum would make the call on whether to cooperate.

"It would be totally up to him," he said.


Contact Chris Nichols at cnichols@uniondemocrat.com or at 588-4540












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© Copyright 2000-2005 Western Communications, Inc.

Published: April 27, 2005


San Andreas, CA- A San Andreas woman's plans to open Calaveras County's first medical marijuana dispensary are apparently on hold.

Kim Cue says intimidating comments made by Sheriff Dennis Downum have caused her to delay the opening of her dispensary, or cannabis club.

Downum says his comments, made at several public meetings over the last year, were not meant to threaten Cue. Rather, said the sheriff, he meant to advise county officials about the threat to public safety some dispensaries have caused in other counties.

Downum said he has never spoken with Cue.

He maintains, however, that federal law enforcement would likely shut down any cannabis clubs that open in the county.

While Downum has said he would not notify federal authorities if a dispensary opened, he has pledged to cooperate if agents come in to shut it down.

County supervisors in February passed an ordinance regulating where and how the dispensaries can operate. That move was spurred by Cue, when she in September applied to open a club in San Andreas.

"It's tiring, it's frustrating. Sometimes it's overwhelming," said Cue, who said she wanted to open the club at 154 E. Saint Charles St. in San Andreas but is now hesitant to do so.

"It literally comes down to one person and that's Downum," she said.

Planning Department Director Bob Sellman said he has not yet received an application to open a dispensary at the San Andreas site.

Downum said Cue's plans are likely on hold because she is waiting for a Supreme Court decision on a medical marijuana case, not because of his comments.

"Everybody's waiting for that court decision," Downum said. "Everybody's on hold."

The case, Raich v. Ashcroft, involves Oakland woman Angel Raich who sued the federal government in 2002 for interfering with her right to use medical marijuana under state law.

California voters passed the Compassionate Use Act in 1996, allowing for the limited sale and harvest of marijuana for medicinal purposes.

Cue says she is very interested in the case, in which a ruling is expected in early May. But she added that it's not the only factor in her decision.

Downum's comments have done just as much to make her wait, she said.

Waiting is something Hilary McQuie of Americans for Safe Access, a medical marijuana advocacy group, said Cue should not have to do.

McQuie said individuals and many cities and counties are misinformed about the Raich case. She said the decision will affect individuals who grow medical marijuana but won't have any immediate impact on those who operate dispensaries.

"I know that (case) is why they're waiting," McQuie said. "Legally, they don't need to be doing that, and they shouldn't be."

McQuie noted she has not heard of cases where sheriffs have intimidated individuals who want to open cannabis clubs. She added, however, local law enforcement has no obligation to cooperate with federal officials who might raid a dispensary.

Assistant County Counsel David Sirias confirmed there is no obligation, adding Downum would make the call on whether to cooperate.

"It would be totally up to him," he said.



Source: Union Democrat
Copyright: © Copyright 2000-2005 Western Communications, Inc.
Contact Chris Nichols at cnichols@uniondemocrat.com or at 588-4540
Website: The Union Democrat - Sonora News
 
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