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| Council Snuffs Out Marijuana Dispensaries |
| By oakdaleleader.com |
| Published: 01/06/2010 |
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Members of the Oakdale City Council made it clear that medical marijuana dispensaries are not welcome additions to the city’s business community by taking preliminary steps to enact an ordinance prohibiting them at the Jan. 4 council meeting. Oakdale Police Chief Marty West told the council state law prohibits cities from implementing regulations that counter state or federal laws, and that the city would be in violation of federal law if it issued business licenses to operate marijuana dispensaries. West said marijuana is still regulated by the federal government as a controlled substance, and that a deputy attorney general in the U.S. Department of Justice issued a memorandum in October indicating the department would still enforce laws against those who sell marijuana for profit. U.S. Attorney General Eric Holder has made it clear, however, that the federal government will not prosecute certain marijuana cases in states — including California — that allow the use of marijuana for medical purposes. Selling, possessing, or providing marijuana in any manner is still a federal offense, though. During a public hearing, the council heard from those both opposing and supporting medical marijuana dispensaries, including the former operator of the only such dispensary to ever open in Oakdale. Addison DeMoura, who operated a medical marijuana dispensary in Oakdale, told the council the ordinance would subvert state law. “It’s vindictive city policy to overrule city voters,” he testified. The Oakdale Police Department and the Stanislaus County Drug Enforcement Agency shut down the Oakdale Natural Choice Collective on July 31, 2008. The action came following a two-month investigation that spanned five cities, according to the city. DeMoura and others were arrested on several felony charges including conspiracy, transportation and possession of marijuana, as well as packaging for sales. A Stanislaus County judge later dismissed the charges, and DeMoura has a federal civil suit against Oakdale and Stanislaus County pending. DeMoura told the council he does not plan on reopening a dispensary in Oakdale, opting to instead look for a storefront in an adjacent county. “It’s not worth it. Oakdale has spoken,” he said. DeMoura said Oakdale is leaving approximately $300,000 a year in tax revenue on the table by banning marijuana dispensaries. He also said he believes those who oppose medical marijuana dispensaries lack compassion. “People who live here want medical marijuana,” DeMoura said. Deborah Pottle, an Oakdale resident since 1965, also supported the operation of medical marijuana dispensaries. Pottle said she is a former corrections officer, and suffered a back injury in 1993 that led her to use marijuana for pain relief. “We want the right to have a medical marijuana dispensary in Oakdale,” she said. Pottle said she is unable to use traditional pain medication, both prescription and over the counter types, and her only pain relief comes from marijuana. Pete Colon of Oakdale disputed DeMoura’s statement that those opposed to dispensaries lack compassion. “We, and most anyone for a ban, have compassion. We wish no ill will,” he said. Colon said he is concerned about people using the medical marijuana issue as a pretext to buy and sell marijuana in Oakdale. He said conversations with his stepson, who is a young adult, have reinforced his opinion of how easy it is to obtain a medical marijuana card. “Anyone with $220 can find a physician to write a prescription,” he said. “It’s just so they can get their pot without a problem.” Read More. |
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