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collective, which the city would consider a pharmacy, is in an area zoned for office and residential, said City Attorney Paul Valle-Riestra. The city's code enforcement officer checks to see if C3 is still open. The city has cited the business three times. The fines started at $100, then went to $250 and have peaked at $500 per citation. C3 is appealing the violations.……Both police and the city's code enforcement officer continue to monitor the collective, Valle-Riestra said. The city could seek an injunction to stop the dispensary operation, but has not done so. The collective has not applied for a zoning change, said Valle-Riestra. The violations are not related to the 45-day moratorium the City Council passed Aug. 18 banning medical marijuana dispensaries in the city……. http://www.mercurynews.com/breakingnews/ci_13240609?nclick_check=1 Walnut Creek sues to shut down medical marijuana dispensary By Elisabeth Nardi /Contra Costa Times /09/17/2009 Walnut Creek sued Tuesday in Contra Costa County Superior Court to shut down the C3 Collective — the city's first medical marijuana dispensary. City leaders assert that the dispensary at 1291 Oakland Blvd., which opened in August, is operating illegally, violating Walnut Creek's zoning laws. Meanwhile, leaders of another collective said Tuesday they plan to open a dispensary in Walnut Creek. Larry Flick of Greenleaf said he plans to open a wellness center that would dispense medical marijuana and offer massage, yoga and counseling. He said he operates other centers and plans to work with the city to get a Walnut Creek center open. These latest developments follow the City Council's go-ahead Tuesday night directing city staff to study allowing or permanently prohibiting medical marijuana dispensaries in Walnut Creek. This rather procedural action drew a crowd, mainly of medical marijuana users, who pleaded with the council to allow dispensaries. City Attorney Paul Valle-Riestra said the city currently prohibits such dispensaries. In August, the City Council passed a 45-day moratorium on dispensaries after learning that C3 was operating. Shortly thereafter, staff found a zoning law that prohibits any use that violates federal law. Marijuana is illegal federally, for all purposes, so a moratorium is not even necessary, Valle-Riestra said. The city has been fining C3, a nonprofit private collective, as much as $500 a day to get it to close. The lawsuit was the next step, Valle-Riestra said. "Clearly the citation process wasn't persuasive," he said…….. http://www.insidebayarea.com/green/ci_13351312 Medical marijuana ban extended City Council wants 10 more months to weigh options By Tanya Sierra /Union-Tribune Staff Writer /September 3, 2009 CHULA VISTA — The moratorium on medical marijuana dispensaries that was set to expire tomorrow has been extended for 10 months while city officials monitor a related appellate court case, study information they have gathered and decide how or whether to regulate pot collectives. The City Council voted 4-0 to extend the temporary ban, knowing it may not take that long to figure out a process..… Medical Marijuana and Associated Issues California Chiefs of Police Association Medical Marijuana Task Force July to September 2009 42 http://www3.signonsandiego.com/stories/2009/sep/03/medical-marij uana-banextended/?metro&zIndex=159637 Shasta Lake OKs moratorium on medical marijuana dispensaries By Record Searchlight staff /September 2, 2009 SHASTA LAKE -A 45-day moratorium on the establishment of medical marijuana dispensaries here was unanimously approved Tuesday night by the Shasta Lake City Council. Their emergency action came after two such operations, one which opened its doors Monday afternoon, were approved at the staff level earlier this month……. http://www.redding.com/news/2009/sep/02/shasta-lake-oks-moratorium-medical-marijuana-dispe/City extends its ban on pot dispensaries September 5, 2009 NATIONAL CITY: The National City Council has agreed to extend an urgency ordinance that prohibits any medical marijuana dispensaries from opening while it studies the potential effect on the community. Council members unanimously voted at a meeting Tuesday to extend the ordinance for 10 months and 15 days. The ordinance prevents any business that sells or provides medical marijuana from opening in National City....... http://www3.signonsandiego.com/stories/2009/sep/05/city-extends-its-ban-potdispensaries/?metro&zInd ex=160998 Council adopts medical marijuana moratorium BY: Paula McCambridge /Friday, Sep 11th, 2009 The Atascadero City Council passed a motion 5-0 to create a 45-day temporary moratorium before anyone can establish or operate a medical marijuana facility in the city. City attorney Brian Pierik recommended the moratorium to the council saying that it would allow a research-and-discuss ion period to investigate any potential facility’s legitimacy. “It is recommended that the council adopt the urgency ordinance,” he said. “It would prevent the approval of a medical marijuana facility within the city for 45 days. At the end of 45 days, the matter would be returned to you for a decision as to whether to extend the moratorium……. http://www.atascaderonews.com/V2_ne ws_articles.php?heading=0&page=72&story_id=2137 Supes extend medical marijuana ban Critics say pot dispensaries should be permanently banned EDWARD SIFUENTES -esifuentes@nctimes.com | Wednesday, September 16, 2009 Sheriff's deputies and federal narcotics agents raid a Vista marijuana dispensary last week at 1050 South Santa Fe Avenue. (File photo by John Koester -For the North County Times) The Board of Supervisors voted unanimously Wednesday to extend the county's medical marijuana dispensary moratorium an additional 10 months while administrators develop an ordinance to regulate pot providers. The vote comes a week after authorities conducted a countywide operation to shut down more than a dozen medical marijuana establishments that officials said were operating illegally. The supervisors implemented the temporary ban last month, but county officials said they need more time to develop the ordinance. The moratorium, unless it is extended again, would end in August 2010. ….. http://www.nctimes.com/news/local/sdcounty/article_205625f7-ff12-55f8-9688-2e9cebfae5ba.html Medical Marijuana and Associated Issues California Chiefs of Police Association Medical Marijuana Task Force July to September 2009 43 Supervisors OK 45-day moratorium on new medical marijuana dispensaries Written by Elizabeth Larson /Thursday, 17 September 2009 LAKEPORT – A unanimous Board of Supervisors vote Tuesday put into effect a 45-day moratorium on the opening of new medical marijuana dispensaries, which officials said is meant to offer county staff time to complete a draft zoning amendment to deal with the establishments. Supervisors Rob Brown and Jim Comstock worked with County Counsel Anita Grant and Community Development Director Rick Coel to draft the six-page urgency ordinance. Grant noted during the meeting, “The point here is to buy you a little breathing room to ensure that you address everyone's rights under the law.” Brown said the proposal was in response to an “explosion” of collective and dispensary openings that started this spring after the board began discussing the fact that the county's zoning ordinance doesn't specifically allow for them. That had led to notices of violation on six such establishments, which the board agreed to stay. He said the board wasn't going to discuss the merits of medical marijuana or Proposition 215, the Compassionate Use Act of 1996, which allow medical use of the drug in the state. Brown said his intention was for the temporary moratorium only to affect those dispensaries and collectives which had opened after the Notices of Violation were issued in April. “Anybody who's planning on putting one in right now or is in the process of putting one in shouldn't be allowed to put it in,” said Brown. Supervisor Jeff Smith pointed to news reports about other areas dealing with similar issues. That same day, the boards of supervisors for Shasta and Tehama counties considered similar urgency ordinances to place temporary moratoriums on collective and dispensaries, with Shasta voting one down and Tehama approving their version. Rushing asked if anyone can explain why why the issue is coming up so frequently. “Because there's a lot of money to be made in it,” said Brown. Smith said it's also harvest time, but he believed many jurisdictions want to get ahead of what is happening with such marijuana sales outlets. Before opening public comment, Board Chair Denise Rushing set some ground rules for the large number of people in the chambers. “I'm going to need to cut you off if you talk about the medical benefits of marijuana,” she said. “We've had plenty of that already. That's not what this is about.” She said a committee to deal with the zoning issues hasn't been formed, and that the effort is taking place all in the public eye. Lower Lake attorney Ron Green presented several suggestions to alter the resolution which he and retired District 1 Supervisors Ed Robey drafted. He said they were meant to clarify the moratorium's language. He wanted the document's third paragraph changed to note that the Lake County Zoning Ordinance does not “presently explicitly allow” dispensaries and collectives. “The reason for that is that the zoning ordinance may in fact allow for medical marijuana dispensaries under the category of similar uses that are permitted in each zoning class,” Green said. He said dispensaries are most similar to pharmacies and drug stores, as well as liquor stores. “Where does the Lake County Zoning Ordinance presently allow it anywhere?” asked Brown. Green said he interpreted some of the commercial zoning language to allow for similar uses. Comstock said he wanted to hear from Grant and Coel on Green's points. “Whether this would be similar to a pharmacy, I disagree with that type of interpretation,” said Coel, noting that a pharmacy has a licensed pharmacist and retail facility. “It's just a different setup than a storefront collective or dispensary.” Rushing said she was concerned because she didn't intend for them to discuss the zoning ordinance, just the moratorium. Grant recommended they leave that language alone, since it could potentially limit future discussions on that point. Green also suggested that the language about which dispensaries would be affected was ambiguous. He said it should be made clear that, from this point forward, no new dispensaries or collectives should open. During the discussion Grant clarified that the draft ordinance was meant to keep in force a stay of Medical Marijuana and Associated Issues California Chiefs of Police Association Medical Marijuana Task Force July to September 2009 44 enforcement against the six establishments that had received notices of violation. “The board is perfectly able to freeze it as of today,” she said, but they should set operations standards in case people try to argue about when they really opened. Brown said it was better to leave the language the way it was so that those outlets that had received the notices could still operate. Of the ones that have opened since the spring notices went out, Brown said, “They acted at their own risk, and they're not allowed. Until we get this ordinance figured out, they're not allowed.” Green said some of they may not have understood that they were opening at their own risk Supervisor Anthony Farrington said all dispensaries should comply with state law, and if they do they should be allowed to operate. An additional suggestion by Green and Robey was meant to address those concerns, he said. He also suggested having collectives and dispensaries show proof of operation. Of the nine community members who spoke, seven were for the moratorium and two against. Middletown resident Fletcher Thornton said he wanted to see the temporary moratorium go into effect so rules could be established. He said there's a new dispensary on Main Street in Middletown, 150 feet from a school. “Don't tell me it's not allowed, because it's there,” he said, adding he'll ask the Middletown Area Town Hall to make suggestions to the board about how to zone dispensaries. Ronda Mottlow said she didn't support the moratorium, which she said was just another way to deny access to medical patients in need. Considering the county's rural nature, Mottlow said concentrating the establishments in the cities is a disservice to the people who need the drug. Dave Moses, managing partner of all Alternative Solutions dispensaries from here to Los Angeles County, also opposed the temporary moratorium. He said a community committee needs needs to be established in Lake County, as has been done in other areas, to draft rules. He accused Brown of benefiting from marijuana-related arrests from his bail bonds business, and also referred to the problems Brown has had on his property will illegal marijuana growers. After Moses left the microphone, Brown defended himself, saying no one growing marijuana on his property was involved with medical marijuana, and his private business is irrelevant to the discussion. Moses started making comments from the back of the room as Brown was speaking. “If you wanna say something come up here and say it. Don't pop off from the back,” Brown replied. Rushing told Moses he had to stop yelling from the back. When he didn't stop, she used her gavel for the first time this year. Other community members who are part of collectives said they favored the temporary measure. Diane Barkey of New Day Herbal Center in Clearlake Oaks said they sometimes give medical marijuana away free to those who need it. “We're here for the patient,” she said. Saying she supported the moratorium, Barkey added, “Most of us are in it for the right reasons, and I know we are.” Frank Molina, who owns a dispensary in Nice, echoed Barkey's sentiments. He said he's seeing a proliferation of collectives and dispensaries, and suggested it may be appropriate to set a limit for each area. Walter Zuercher, speaking on behalf of the Clear Lake Riviera Community Association, said they strongly support the ordinance. Dispensaries and collectives belong in places with good police protection, he said. Anita McKee, an area resident, said a dispensary recently reopened in a residential area in the Clear Lake Riviera. During its previous opening the area suffered crime issues, she said. The board unanimously accepted the urgency measure with Green's revisions, minus the addition of the word “explicitly” to the third paragraph. Rushing suggested they needed to agendize a future discussion about forming a community committee to discuss zoning matters connected to to dispensaries and collectives. http://lakeconews.com/content/view/10359/764/ Medical Marijuana and Associated Issues California Chiefs of Police Association Medical Marijuana Task Force July to September 2009 45 Council extends marijuana moratorium By JESSICA CEJNAR, staff writer /September 22, 2009 3:11 PM BARSTOW • Medical marijuana dispensaries will not be allowed within Barstow city limits for another 10 months and 15 days, due to an ordinance passed by the City Council on Monday. Councilmembers voted unanimously to extend a moratorium on medical marijuana dispensaries after Associate City Planner Michael Massimini told members that city staff needed more time to wade through the documentation on the issue……. http://www.desertdispatch.com/news/barstow-6945-council-extends.html Madera Co. bans pot dispensaries By Pablo Lopez /The Fresno Bee /Tuesday, Sep. 22, 2009 Madera County supervisors voted unanimously Tuesday to approve an ordinance that bans medical marijuana dispensaries in the county. Supervisors said dispensaries can increase crime, including drugdealing, robbery and loitering, which impairs the health, safety and welfare of the community…..An explosion of medical marijuana dispensaries across the state has left cities and counties scrambling to figure out how to handle them. Fresno, for example, has sued nine such dispensaries in an attempt to shut them down. http://www.fresnobee.com/updates/story/1647660.html Fresno tries to stamp out pot dispensaries Medical marijuana businesses crop up around town, with federal and state law at odds. By Russell Clemings /The Fresno Bee /Saturday, Sep. 05, 2009 All of a sudden, medical marijuana has become a thriving business in Fresno --in storefronts around town and in Superior Court. In recent months, at least nine dispensaries have taken root in the aftermath of a change in federal drug policy. Now city officials are asking a judge to shut them all down under a city zoning rule that the businesses say is impossible to comply with.…..Simpson ordered the attorneys for all nine businesses to submit their arguments a week before the Sept. 17 hearing. But he sent clear signals Wednesday that he was leaning toward granting the city's request for an injunction, based on a recent appellate ruling in another medical marijuana case in Riverside County. "The conclusion looks virtually inescapable at this point that the operation of a medical marijuana dispensary in violation of the zoning ordinance is something that this court would be required to enjoin," the judge said. Whether he will change that view after hearing what the defense has to say remains to be seen. But their attorneys are confident that the law is on their side. "Ultimately, this will be decided in favor of the patients," Clark said. "We will get this sorted out." http://www.fresnobee.com/local /story/1627325.html?storylink=mirelated Pot shop ban extended in Corning Council wants more time to study medical marijuana issues Julie R. Johnson /Corning Observer /Thursday, Sep 24 2009, Corning has given itself an additional 10 months and 15 days to decide what to do about zoning and regulations for medical marijuana dispensaries within the city limits. The extension came on a 4-1 vote after the council held a public hearing on Tuesday. Councilwoman Becky Hill was the opposing vote. The initial 45-day interim urgency ordinance banning medicinal marijuana dispensaries was approved Aug. 11, the extension will take the ordinance to Aug. 9, 2010.…..The Tehama County Board of Medical Marijuana and Associated Issues California Chiefs of Police Association Medical Marijuana Task Force July to September 2009 46 Supervisors passed a 45-day interim urgency ordinance banning medicinal marijuana, collectives and cooperatives within county jurisdiction on Sept. 15. http://www.corning-observer.com/news/marijuana-5979-dispensaries-council.html No Marijuana Dispensary in Claremont, Court Rules By Kenneth Ofgang, Staff Writer /Thursday, September 24, 2009 California’s medical marijuana law does not require cities to approve zoning for dispensaries, the Court of Appeal for this district has ruled. Div. Two, in an Aug. 27 decision certified Tuesday for publication, affirmed Los Angeles Superior Court Judge Dan T. Oki’s injunction barring Darrell Kruse and Claremont All Natural Nutrition Aids Buyers Information Service, or CANNABIS, from operating a dispensary anywhere in the city of Claremont….. http://www.metnews.com/article s/2009/clar092409.htm Yucaipa bans medical marijuana dispensaries By By NOELLE KIELY /Staff Reporter /Thursday, September 24, 2009 Yucaipa city council adopted an ordinance prohibiting the establishment of medical marijuana dispensaries in the city of Yucaipa. The permanent ordinance came after the temporary ban expired. The ordinance, which will go into effect 30 days from the Sept. 14 meeting, received a 3 to 0 vote with no council discussion and Mayor Pro-tem Allan Drusys and Tom Masner absent.….. http://www.newsmirror.net/articles/2009/09/25/news/doc4aba83 260eb9f308706027.txt Madera County votes to ban medi-pot dispensaries Wednesday, September 23, 2009 Madera, Calif. (AP) --Madera County supervisors have voted unanimously in favor of banning medical marijuana dispensaries in the county, including three already in operation. The supervisors voted Tuesday to approve the ordinance, arguing that the dispensaries become magnets for crime, such as robbery, loitering and illicit drug dealing…… http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/09/23/state/n115143D82.DTL&type=politics San Bernardino bans medical marijuana dispensaries By CHRIS RICHARD /The Press-Enterprise /Tuesday, September 22, 2009 San Bernardino became the latest Inland city to ban medical marijuana dispensaries late Monday. City Council members voted unanimously, with Dennis Baxter and Rikke Van Johnson absent, in favor of a ban, Deputy City Clerk Linda Sutherland said……..Several Inland cities, most recently Yucaipa on Sept. 14, have outlawed dispensaries. San Bernardino had imposed a temporary moratorium in March 2007 and extended it twice, most recently in February 2008, a staff report shows. The report notes that California's decriminalization conflicts with federal law. Studies by other cities show dispensaries contribute to increases in noise, traffic, burglaries and robberies, the report state…….. http://www.pe.com/localnews/inland/stories/PE_News_Local_N_nban23.48273d2.html Rialto City Council seeks medical marijuana ban Josh Dulaney, Staff Writer /09/29/2009 08:01:01 PM PDT RIALTO -Medical marijuana facilities may be banned from the city. The City Council in a 4-0 vote last week introduced an amendment to the municipal code prohibiting medical marijuana dispensaries Medical Marijuana and Associated Issues California Chiefs of Police Association Medical Marijuana Task Force July to September 2009 47 and cooperatives. "All those provisions are all just primarily saying that we're establishing the sections of the code that would prohibit medical marijuana dispensaries in commercial and industrial areas throughout the city," said Michael Story, development services director, in a report to the council….. http://www.contracostatimes.com/california/ci_13446903?nclick_check=1 Other States are beginning to experience some of the same problems we in California have experienced for a number of years. The violence associated with the wholesale sale and growth of marijuana continues to follow the popularization of marijuana usage. Colo. medical marijuana users surge in number Charlie Brennan KDVR Reporter /July 1, 2009 DENVER -Colorado saw a record number of people register with the state as users of medical marijuana, which many attribute to the Obama administration's statement earlier this year that it did not intend to continue with federal raids on some marijuana dispensaries. Even though states have approved the use of medical marijuana, it does not change the fact that pot use remains prohibited by federal law. In May, 1,230 Coloradans were approved as "patients" who could obtain marijuana from a designated caregiver, providing they have a documentation of a diagnosis from a physician who is recommending marijuana for a debilitating medical condition. The May figure represents a significant surge from the 1,022 new patients in April, and is more than double the number for March, which was 602. The total number of patients who currently possess valid registry cards is 7,630. The average age of all patients is 24, and 72 percent of approved applicants are male. Those numbers are in-line with a similarly strong surge in the number of storefront clinics that dispense the drug, for complaints ranging from the effects of cancer to a category simply labeled "severe pain." Although the the state does not license -nor does it keep track of -medical marijuana clinics, it is estimated that there are now at least 35 in the Denver metro area, where a year ago there were roughly a half dozen……"Amendment 20 and the laws and regulations that were put in place to support amendment 20, do not refer to dispensaries or clinics at all," Hyman said. "They are not mentioned whatsoever, and we have no relation with those entities." http://www.kdvr.com/news/kdvr-medical-marijuana-070109,0,7162888.story Lab says marijuana use up in Hawaii workplace Pacific Business News (Honolulu) /Friday, July 10, 2009 Marijuana use in the second quarter was up 8 percent, to the highest level since 2004, according to statistics from Diagnostic Laboratory Services. Marijuana use was up from 2.3 percent in the first quarter to 2.7 percent in the second quarter of 2009, with 270 employees testing positive of the approximately 10,000 tested…….“The positive rate for marijuana has increased during the recession to the highest level (2.7%) since Diagnostic Laboratory Services began keeping these statistics in 2004.”…… • Crystal methamphetamine: 0.6 percent, or about 60 employees, tested positive. • Cocaine: 0.2 percent, or about 20 employees, tested positive. • Opiates or prescription drugs: 0.2 percent or about 20 employees, tested positive. • Marijuana: 2.7 percent, or about 270, employees tested positive. http://www.bizjournals.com/pacific/stories/2009/07/06/daily45.html Medical Marijuana and Associated Issues California Chiefs of Police Association Medical Marijuana Task Force July to September 2009 48 Driver Survey Finds Less Drinking, More Drugs By Tara Parker-Pope /July 13, 2009 Random roadside checks show that the percentage of people driving under the influence of alcohol appears to be declining, but many weekend drivers test positive for drug use. The findings come from the latest roadside survey by the National Highway Traffic Safety Administration based on breath, saliva, blood samples and questionnaires taken from randomly selected drivers in 300 locations around the United States. In 1973, 7.5 percent of drivers had a blood alcohol concentration of .08 or higher. (A level of .08 is above the legal limit in all 50 states.) In the latest survey, the percentage of people driving above the legal alcohol limit had fallen to 2.2 percent. For the first time, the roadside survey also used screening methods to detect marijuana, cocaine and prescription drugs. The survey found that 16.3 percent of nighttime weekend drivers tested positive for drugs. Nearly 9 percent had used marijuana, whereas nearly 4 percent tested positive for cocaine and a similar number had used prescription drugs. The drug tests only indicate the presence of the drug in the body and don’t indicate when the drugs were used or whether the driver was impaired. The survey data showed that men were more likely to be impaired by alcohol than women. Drivers were most likely to be legally drunk between 1 a.m. and 3 a.m., compared with daytime or evening hours. The vehicles most likely to be operated by drunk drivers were motorcycles and pick-up trucks. The survey data were collected in 2007 from roadside locations throughout the country. Drivers were selected at random and waved off the road to a survey location by police officers, but the drivers were approached by interviewers who were not police officers. The drivers were assured that the survey was voluntary and anonymous. Of the 11,000 randomly selected drivers, about 90 percent agreed to give breath samples and 70 percent agreed to give saliva samples, said Jeff Michael, associate administrator for research and program development at the National Highway Traffic Safety Administration. The interviewers used extra incentives to encourage participation in the survey. Drivers were given $10 for saliva samples and $50 for blood samples. When a driver refused to take part in any of the testing, they were then offered $100 as an added inducement. Only a few hundred drivers refused to take part in the survey. While that may suggest those drivers were impaired by alcohol or drugs, the numbers were small enough that they were unlikely to have a large effect on the data. In addition, because the same methods were used during each survey, the results are a useful indicator of driving impairment trends from year to year….. http://well.blogs.nytimes.com/2009/07/13/drive r-survey-finds-less-drinking-more-drugs/?hp Colorado’s top doctor backs medical marijuana restrictions, says program ‘out of control’ Colleen Slevin /July 20th, 2009 DENVER — Colorado’s chief medical officer said Monday the state’s medical marijuana program will “continue to grow out of control” unless more restrictive rules are adopted. Dr. Ned Calonge testified before the state health board in support of proposed new rules that would limit marijuana providers to five patients each……Calonge, chief medical officer for the state health department, said those rules are creating confusion and the program is susceptible to fraud. He said