Amador County – The Jackson City Council on Monday unanimously approved adoption of an emergency ordinance prohibiting the establishment and operation of medical marijuana dispensaries and other businesses prohibited by state or federal law. City Manager Mike Daly said staff brought the issue back to the council for “clear guidance” after receiving inquiries from at least three concerned citizens who sought clarification on current medical marijuana laws. Daly said there remained many unanswered questions since the state electorate voted to approve of Proposition 215, also known as the compassionate Use Act of 1996, and Senate Bill 420, also known as the Medical Program Act of 2003, which clarifies the scope and application of Proposition 215. In response to those acts, Jackson adopted Ordinance No. 640 in 2004 “regulating the location and operation of medical cannabis dispensary operations,” but repealed that ordinance in 2007 shortly after the federal Drug Enforcement Administration began prosecuting dispensary operations. Daly said state and federal laws are “contradictory.” He said federal guidelines announced in 2009 by U.S. Attorney General Eric Holder “clarify that so long as people comply with state and local law regarding medical marijuana, they will not be the ‘focus of federal resources’.” Even though dispensary operations are still illegal under federal law, Holder’s announcement sparked a surge in dispensary applications throughout California, and Daly said the number of “potential applicants” in Jackson has increased over the past month. The new ordinance, known as Ordinance No. 664, declares that “the fact that the City has received two inquiries within the past month concerning the process for opening a dispensary in Jackson suggests that there is an imminent risk that a dispensary will attempt to open in Jackson.” It states that “some California cities that have been permitted the establishment of medical marijuana dispensaries have witnessed an increase in crime, such as burglaries, robberies, and sales of illegal drugs in the areas immediately surrounding such dispensaries,” as shown in various studies and reports. One audience member, a lady who chose not to identify herself, raised questions about the status of a dispensary versus a cooperative under the law. Daly told TSPN that U.S. Attorney General’s guidance documents
state that a cooperative or a collective must get a business license or permit from the city, and that a collective is not a business. The council approved the ordinance 4-0. The new ordinance prohibits “in all zones medical marijuana dispensaries and other land uses that are illegal under state or federal law.” Councilmember Marilyn Lewis was absent from the meeting. Story by Alex Lane This email address is being protected from spambots. You need JavaScript enabled to view it.
Thursday, 29 April 2010 07:07
Jackson Approves Ordinance Prohibiting Medical Marijuana Dispensaries
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Amador County – The Jackson City Council on Monday unanimously approved adoption of an emergency ordinance prohibiting the establishment and operation of medical marijuana dispensaries and other businesses prohibited by state or federal law. City Manager Mike Daly said staff brought the issue back to the council for “clear guidance” after receiving inquiries from at least three concerned citizens who sought clarification on current medical marijuana laws. Daly said there remained many unanswered questions since the state electorate voted to approve of Proposition 215, also known as the compassionate Use Act of 1996, and Senate Bill 420, also known as the Medical Program Act of 2003, which clarifies the scope and application of Proposition 215. In response to those acts, Jackson adopted Ordinance No. 640 in 2004 “regulating the location and operation of medical cannabis dispensary operations,” but repealed that ordinance in 2007 shortly after the federal Drug Enforcement Administration began prosecuting dispensary operations. Daly said state and federal laws are “contradictory.” He said federal guidelines announced in 2009 by U.S. Attorney General Eric Holder “clarify that so long as people comply with state and local law regarding medical marijuana, they will not be the ‘focus of federal resources’.” Even though dispensary operations are still illegal under federal law, Holder’s announcement sparked a surge in dispensary applications throughout California, and Daly said the number of “potential applicants” in Jackson has increased over the past month. The new ordinance, known as Ordinance No. 664, declares that “the fact that the City has received two inquiries within the past month concerning the process for opening a dispensary in Jackson suggests that there is an imminent risk that a dispensary will attempt to open in Jackson.” It states that “some California cities that have been permitted the establishment of medical marijuana dispensaries have witnessed an increase in crime, such as burglaries, robberies, and sales of illegal drugs in the areas immediately surrounding such dispensaries,” as shown in various studies and reports. One audience member, a lady who chose not to identify herself, raised questions about the status of a dispensary versus a cooperative under the law. Daly told TSPN that U.S. Attorney General’s guidance documents
state that a cooperative or a collective must get a business license or permit from the city, and that a collective is not a business. The council approved the ordinance 4-0. The new ordinance prohibits “in all zones medical marijuana dispensaries and other land uses that are illegal under state or federal law.” Councilmember Marilyn Lewis was absent from the meeting. Story by Alex Lane This email address is being protected from spambots. You need JavaScript enabled to view it.
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