2009-12-10 / Front Page

Sheriff encourages board to restrict pot dispensaries

BY JILL BALLINGER GAZETTE EDITOR

Mariposa County does not currently have an ordinance in place that addresses dispensaries or grower operations for medical marijuana. If the board of supervisors and sheriff have their way, it soon will.

There have been a number of recent cases involving the abuse of California’s Compassionate Use Act of 1996. In both cases, firearms were involved.

The most recent incident was a reported home invasion robbery where a woman was injured and the culprits got away with four pounds of processed marijuana, $1,100 in cash and some personal property of the home owner. The victim had recently entered into a business venture that allowed him to grow 499 medical plants to be distributed in a dispensary in South Lake Tahoe.

On Tuesday morning, Sheriff Brian Muller encouraged the board of supervisors to continue working to ban such types of business. He said last week’s incident reemphasizes the need for an ordinance to prohibit this kind of business, “regardless of intent.”

The sheriff said the law is being consistently taken advantage of. “The criminal element has taken over,” Muller said of the medical marijuana distribution business. “Hopefully we can eliminate those problems before they can take hold in this County.”

The sheriff said because of the alleged home invasion, the victim’s business partner wants out. “Because of the incident, he has withdrawn his financial support,” Muller told the board.

Supervisor and former sheriff Jim Allen said the board is working on an ordinance. He noted that almost anyone could mail order a prescription for pot. “It’s really been circumvented,” Allen said of Proposition 215, which allows marijuana use by critically ill persons. “It’s out of control. We’ve got to get it under control.”

On Monday, one of the victims of the home invasion robbery contacted the GAZETTE and said that she had also sustained a broken arm during the crime. She was dismayed about the comments made by Phil Maita in last week’s newspaper.

“We never contacted him,” she said. “He came to us. Jack is not the bad guy here. People that know him, as well as our attorney, think there may have been some slanderous statements made.”

The victim said they “have cut all ties” with Maita, as she thinks “he may have had something to do with the home invasion.” She said the idea of having any plants in their home has been “put to rest.”

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