Board blocks medical marijuana dispensaries

2010-01-28 / Front Page

BY DAN TUCKER GAZETTE PUBLISHER

Over the objections of a single resident during open public comment, Tuesday the Mariposa County Board of Supervisors voted unanimously to enact an interim urgency ordinance to prohibit establishment of medical marijuana dispensaries in the county.

After District 3 Supervisor Janet Bibby explained to a sparse audience that “the existing County zoning regulations don’t provide for dispensaries,” she went on to say that the action in no way is taking away individual use, as long as those individuals comply with the law and the intent of California’s “Compassionate Use Act.”

Bibby spelled out the board’s primary motivation in rushing the ordinance. She sited the fact that “the County encourages small, home-based businesses,” which can have up to five employees. However, without regulations specific to marijuana dispensaries, they could be established as a home enterprise business in any area of the county, including adjacent to schools and day care operations.

The temporary ordinance is in effect for 45 days from passage

and can be extended.

District 5 Supervisor Jim Allen concurred and said that the ordinance was crafted with input from the sheriff’s and district attorney’s offices. Allen also expounded on the excessive abuse that exists in the current system, and said, “crime statistics show that dispensaries can increase crime in a given area.” Allen is also the former sheriff.

Board chairman, District 4 Supervisor Kevin Cann, echoed that the County is “without sufficient regulations to address dispensaries,” and passage of the ordinance would provide the County time to come up with regulations to deal with this issue here.

During public comment, Mariposa resident Florence Bryce challenged Allen to produce statistics that illustrated any increase in crime with relation to dispensaries, saying she had done a Google search and couldn’t locate any.

Bryce also implored the board to consider the hardship the ordinance would place on patients who are physically unable to raise their own marijuana. “There are people who depend on this drug,” Bryce said. She also ask the board to deal with the issue responsibly and compassionately, and to not give credibility to “some medieval belief that this is always bad.”

Sheriff Brian Muller addressed the board from the podium and stressed the importance of the item’s passage due to “its impact from the public safety aspect.”

Muller explained that to date there are 120 counties and cities that have banned dispensaries, and added “it’s a far greater task to shut down these dispensaries after they have been established.”

The sheriff offered some sobering crime statistics from Los Angeles County and San Francisco, where dispensaries have proliferated. Muller’s details listed a 200 percent increase in robbery, a 130 percent jump in vehicle burglary, a 52 percent rise in burglary, and a 57 percent escalation of aggravated assault in LA neighborhoods where dispensaries were located. The statistics from San Francisco were similar.

Muller also explained that just last week the California Supreme Court struck down the possession limits established by the legislature, and reestablished that ceiling to levels prescribed by the physician, regardless of the amount. He also cited the reported negative impacts on surrounding businesses.

Allen moved to adopt the ordinance, and Bibby seconded that action. The vote was unanimous.

In a related action, the board voted to designate the Mariposa County Health Department as the agency tasked with issuing medical marijuana identification cards.

County Health Officer, Dr. Charles Mosher, explained to the board that obtaining a card is purely voluntary, not mandatory, but that state law mandates each county have the ability to issue the cards, which are viable for 12 months.

Mosher doesn’t anticipate a rush of users seeking the cards, since there will be a $213 processing fee by the health department on top of fees charged by the state.

District 2 Supervisor Lyle Turpin took issue with the dollar amount. Turpin believes the fee will prohibit some patients from securing the cards, and he added, more than once, “We need to know who these people are.”

Mosher countered with an explanation that the fee is merely to cover his department’s processing costs, and “that in fairness to the taxpayers” this is an expense that should be covered.

The board unanimously approved designating the health department as the administrating agency, and upheld the $213 fee.

IF YOU WOULD LIKE TO COMMENT ON THIS STORY, VISIT WWW.MARIPOSAGAZETTE. COM, AND PLEASE PARTICIPATE IN THE ONLINE POLL REGARDING MEDICAL MARIJUANA DISPENSARIES.

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Sheriff's Statistics Wrong


Sheriff's Statistics Wrong

I am one of the biggest tea-totalers in Mariposa County - not even imbibing in alcohol or cigarettes (the legal drugs) - however, I have a very great respect for the truth. Therefore, I would like to see the report from which Sheriff Muller quotes and which is, apparently, what the Board of Supervisors is basing their decision upon as it differs substantially from the statistics that I have been able to find.

According to the FBI's latest report (and I am referring to their Preliminary Semiannual Uniform Crime Report which covers January to June 2009 - http://www.fbi.gov/ucr/2009prelimsem/table_4al-ca.html ) most crimes in the cited areas are down. In fact, according to that report, burglaries were not up 200% in Los Angeles as Sheriff Muller stated. Instead they, and ALL categories of crimes that were quantified in Los Angeles were DOWN.

San Francisco saw similarly impressive rates, with the exception of forcible rapes and burglaries which were up 13.79% and 7%, respectively.

However, in my mind a more telling barometer are the statistics for Oakland (a city with well known and well publicized crime problems in past years.) There, the proliferation of dispensaries has become so great that the city has been nicknamed "Oaksterdam". And there, stats are down across the board except for forcible rape (a crime of power) and burglary. (And while studying the latter statistic, one must also keep in mind that these are bare statistics which do not go to motive so the quantity of burglaries motivated by the depressed economy in the name of survival are unnoted.)

I can't begin to wonder at the motivations for such an error on Sheriff Muller's part. However, the real dichotomy for me comes from what is now being said and a drug identification and enforcement training that I attended several years ago that was put on by the Mariposa County Sheriff's Department for another county agency. The Deputy/Trainer stated that the department preferred busting pot growers/users over meth cookers because the meth cookers (who were usually meth users) were violent, intractable and unpredictable while the pot growers (who were usually pot users) were civil and docile. In fact, we probably all have similar mental pictures for what we term "pot heads" and that's usually someone who's calm and often times "mellow" to the point of laziness. My apologies to pot smokers but my point to the Supervisors is this: Given the effects of marijuana as a euphoric and given the real statistics as enumerated in the FBI report cited above, what kind of crime can we LEGITIMATELY fear?

So, after reading many articles from up and down the state, it would seem that what Mariposa County should be worried about is putting in place zoning laws for dispensaries. From my reading, the only verifiable problems that have ensued in cities were caused by two issues only: zoning issues from not having ordinances in place, and from not defining the maximum number of dispensaries allowable in a defined area.

Perhaps, we should set aside the false facts and histrionic hand wringing, realize that times are changing, and actually deal with the real issues at hand in order to prevent real trouble down the line.

Let the people of mariposa

Let the people of mariposa vote yes or no. Isn't it supposed to be for the people by the people. Not, for five board members by five board members? Are county and country for that matter need to be givin back to the people. This is another example of government control be it small town government or large national government.

Too bad only one person spoke

Too bad only one person spoke out on this matter.

The county will delay and

The county will delay and delay this as long as they can so they don't have to make a decision. There interest isn't in the people, it's politics as usual.

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