California, Cloverdale

[palmspringsbum]

Article published - Feb 28, 2008

Cloverdale latest city to ban medical pot clubs, gardens

By Clark Mason
THE PRESS DEMOCRAT


Cloverdale on Wednesday became the fifth city in Sonoma County to ban medical marijuana dispensaries, citing the risk of crime and other problems associated with pot clubs.

Following the lead of two cities in nearby Mendocino County, the Cloverdale City Council also banned outdoor medicinal marijuana gardens.

"Outdoor cultivation is just asking for problems," City Councilwoman Carol Russell said, reflecting the views of fellow council members who heard about trespassing marijuana thieves and barking guard dogs that keep neighbors awake at night.

"We are protecting kids here and other people from these dangers," Russell said.

Council members said they also want to reduce the number of complaints associated with the strong odor from budding plants, which was a factor in decisions by Ukiah and Willits to outlaw outdoor pot gardens.

Medical marijuana users could still grow plants indoors and officials said they could obtain pot from other dispensaries, including at least two that make home deliveries.

On a 4-0 vote, the council tentatively approved the ordinance. Councilman Gus Wolter was absent. A final vote is likely to be taken at the council's next meeting.

Four cities in Sonoma County -- Petaluma, Rohnert Park, Windsor and Healdsburg -- have banned marijuana dispensaries over the last year.

Sonoma adopted a moratorium, but it has since expired. Santa Rosa and Sebastopol allow a maximum of two dispensaries and Cotati allows one.

Sonoma County allows dispensaries within urbanized areas of the unincorporated county. Currently there is one in Guerneville and one south of the Santa Rosa city limits.

Medical marijuana advocates say more dispensaries are needed and that they can operate without problems if there is strict management.

California voters approved the use of marijuana for medical reasons with a doctor's recommendation in 1996, but left it to individual cities and counties to develop regulations as to how much people can possess and grow.

In Mendocino County, there has been a backlash against a law passed by voters in 2000 that decriminalized cultivation of up to 25 pot plants for personal use. Critics said that attracted crime and made the county a haven for pot growers. A repeal measure is on the June ballot.

Federal law prohibits any marijuana use, which has created a dilemma for local officials. Cloverdale Police Chief Mark Tuma said local police are sometimes asked to assist federal agents on pot raids and it poses an ethical conflict for police to facilitate a dispensary.

City Councilman Joe Palla, a former chief of police, said officers take an oath to enforce all laws, including federal and state laws.

The Cloverdale Police Department strongly urged the council to ban dispensaries and outdoor marijuana gardens.

Tuma said some cities have experienced increased crime in and around dispensaries, including burglaries and robberies.

There have been more than two dozen police calls related to medical marijuana-growing in the past year in Cloverdale, he said.

You can reach Staff Writer Clark Mason at 521-5214 or clark.mason@pressdemocrat.com