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Sausalito bans pot clubs for another 10 months

Carla Bova Marin Independent Journal

Sausalito, CA June 30, 2005 -- Sausalito has extended its moratorium on medical pot clubs until next year, saying state and federal laws remain conflicted.

The City Council on Tuesday unanimously extended its 45-day moratorium for 10 months and 15 days. Councilman Paul Albritton said he favored the extension, which he called a "wait and see" option.

"I don't think that we need to be in a position of creating a variety of rules and regulations until this begins to shake out a little bit more between the federal and state law," Albritton said.

The city initially considered the measure after receiving inquiries regarding medical marijuana outlets in town and getting an application for one on Gate 5 Road.

In 1996, California voters approved Proposition 215, known as the Compassionate Use Act, which allows the use of medical marijuana for patients who have a doctor's recommendation.

The federal government says the cultivation, possession and distribution of marijuana is illegal. On June 6, the U.S. Supreme Court announced that Congress' constitutional authority to regulate the interstate market of drugs extends to the use of medical marijuana.

Assistant Planner Ben Noble said that while the decision clarified that people who cultivate or use marijuana for medical treatment risk legal action by the federal government, it did not overturn the act or invalidate any other state law regarding the use of marijuana for medical purposes. Noble noted the decision did not speak directly to the issue of dispensaries.

"The decision increases the uncertainty regarding the ability of local governments in California to permit and regulate medical marijuana dispensaries," Noble said.

Noble recommended the council extend the moratorium so that the city would have more time to assess the implications of the Supreme Court decision and to observe how other cities and the federal government react to existing dispensaries.

He noted the moratorium could be extended again for up to an additional year.

"It is conceivable state law will be enacted clarifying the legality of dispensaries or federal law regarding the status of marijuana as a controlled substance will change," Noble said.

Council members agreed the decision left the situation ambiguous.

"I was one of the vocal opponents of the moratorium É when we started all this, and my ideas changed, I think, with the Supreme Court decision over the last few weeks, which clearly establishes a schism between federal and state law on how medical marijuana is actually treated," Albritton said. "I don't want to invite what I think is unwanted federal excessive enforcement against our residents or against our visitors. I am concerned we would create an attractive nuisance or an attractive opportunity for that kind of enforcement."

Mayor Dennis Scremin said the dilemma remains: how to support legitimate use of medical marijuana for those with illnesses without enabling the possibility for potential abuse.

"We have people in tremendous pain and they can benefit greatly from this usage," he said. "At the same time É we are aware that the difficulty right now is how it is dispensed and how easy it is to get a cannabis card.

"The onus is still on the government to find a way to resolve this conflict and find a solution that is fair to those that really would benefit from this."