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Town to take stand on marijuana dispensary
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| Patrick Billings is the executive manager for California Alternative Medicinal Solutions, where, founder D.J. Ross says, minimal amounts of marijuana are kept on the premises nut no marijuana products are displayed. |
By Rebecca Unger
Hi-Desert Star
YUCCA VALLEY — Medical marijuana — it’s the law! Or is it? The Yucca Valley Town Council on Thursday will consider a moratorium on the establishment of new dispensaries and the distribution of medical marijuana at existing businesses. The moratorium is listed on the agenda as an interim urgency ordinance to stem what a staff report calls an “immediate threat to the public health, safety and welfare” while the Town finds its footing regarding state Proposition 215, which legalized medical marijuana in California in 1996. Both the federal government and San Bernardino still consider the drug illegal.
Deputy Town Manager Shane Stueckle said the ordinance was prompted by comments and complaints about California Alternative Medicinal Solutions, a dispensary that was established in the Monterey Business Center, across the street from Yucca Valley’s public works facility and adjacent to two businesses whose clients are children.
The nonprofit, mutual-benefit collective of member patients and caregivers has been operating as an alternative-treatment center in the small industrial park for the past three months.
Founder D.J. Ross, a former county probation officer, said he spoke with the neighboring tenants to explain the nature of CAMS. The husband and wife who run the children’s karate and ballet studios nearby are supportive, he claimed.
“We all have friends and family members who need medical marijuana, and we wanted to create a safe place for them to get their medication,” said Ross. “However, this is a small aspect of what we do. We provide all manner of alternatives like acupressure, chiropractic, yoga, tai chi and magnetic treatments.”
Land use, not legality at issue
When sheriff’s department Capt. Donnie Miller was made aware of the collective, he contacted the sheriff’s narcotics division, the district attorney and county legal counsel. Miller said he was told as long as CAMS fulfills the specific rules and regulations of Proposition 215, it may continue to operate.
In the report prepared for the Town Council, Stueckle identifies the issue as “not the legality or illegality of medical marijuana, but the land-use issues involving dispensaries of medical marijuana.” Stueckle declares the public’s health, safety and welfare are the basis for land-use decisions.
Per the staff report, the Town has no zoning regulations about dispensaries, and Stueckle’s report recommends the council “establish a moratorium to temporarily preclude the establishment of medical marijuana dispensaries within the town.”
Proposition 215 was approved by California voters 12 years ago, and San Bernardino and San Diego counties are the last two holdouts in recognizing the measure’s legality. This August, a group of 45 activists marched peacefully and spoke passionately at a county Board of Supervisors meeting, but were unsuccessful in stopping the supervisors from filing a petition for review with the California Supreme Court.
A state judge had earlier ruled the county’s arguments for refusing to uphold Prop. 215 were “groundless.”
In a court case involving police seizure of medically used marijuana plants, the City of Garden Grove recently was told by a state appeals court, “It is not the job of the local police to enforce the federal drug laws.” When the city tried to take its grievance to a higher authority, the U.S. Supreme Court rejected the appeal.
Proposition 215’s language is clear: “Nothing in this act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-medical purposes.” But what has not always been clear is how the Compassionate Use Law can coexist with federal laws that prosecute the possession, use and sale of marijuana.
San Bernardino County law enforcement has taken a tough stand on medical marijuana. Sheriff Gary Penrod has said it is right to challenge the legitimacy of Proposition 215 because “federal law supersedes state law.” Locally, sheriff’s Sgt. John Ginter bemoans the disconnect, which doesn’t make it easy when officers or detectives on the street see painstaking investigations into criminal drug activities that go for naught if district attorneys decline to prosecute a case that could be complicated by Prop. 215.
While Stueckle and Ginter are concerned about the criminal “secondary impacts” associated with medical marijuana, an unanticipated impact has been a hit at philanthropy.
Copper Mountain College received an application from CAMS to set up a $15,000. scholarship. “I went to CMC, and even though I had grants, it was expensive,” explained would-be benefactor Ross. However, the CMC Foundation Executive Director, Syndee Slayton, now says, “The college has to be careful about how we’re positioned on this.”
Ross said he was told by Stueckle that CAMS will be allowed to remain open and “distribute medication” in the event of a moratorium. This is good news to founder, who feared a moratorium would have a chilling effect and halt all services at the collective.
“But we don’t want the community to think that we’re just pouring weed out of here,” added Ross.
Deputy Town Manager Shane Stueckle said the ordinance was prompted by comments and complaints about California Alternative Medicinal Solutions, a dispensary that was established in the Monterey Business Center, across the street from Yucca Valley’s public works facility and adjacent to two businesses whose clients are children.
The nonprofit, mutual-benefit collective of member patients and caregivers has been operating as an alternative-treatment center in the small industrial park for the past three months.
Founder D.J. Ross, a former county probation officer, said he spoke with the neighboring tenants to explain the nature of CAMS. The husband and wife who run the children’s karate and ballet studios nearby are supportive, he claimed.
“We all have friends and family members who need medical marijuana, and we wanted to create a safe place for them to get their medication,” said Ross. “However, this is a small aspect of what we do. We provide all manner of alternatives like acupressure, chiropractic, yoga, tai chi and magnetic treatments.”
Land use, not legality at issue
When sheriff’s department Capt. Donnie Miller was made aware of the collective, he contacted the sheriff’s narcotics division, the district attorney and county legal counsel. Miller said he was told as long as CAMS fulfills the specific rules and regulations of Proposition 215, it may continue to operate.
In the report prepared for the Town Council, Stueckle identifies the issue as “not the legality or illegality of medical marijuana, but the land-use issues involving dispensaries of medical marijuana.” Stueckle declares the public’s health, safety and welfare are the basis for land-use decisions.
Per the staff report, the Town has no zoning regulations about dispensaries, and Stueckle’s report recommends the council “establish a moratorium to temporarily preclude the establishment of medical marijuana dispensaries within the town.”
Proposition 215 was approved by California voters 12 years ago, and San Bernardino and San Diego counties are the last two holdouts in recognizing the measure’s legality. This August, a group of 45 activists marched peacefully and spoke passionately at a county Board of Supervisors meeting, but were unsuccessful in stopping the supervisors from filing a petition for review with the California Supreme Court.
A state judge had earlier ruled the county’s arguments for refusing to uphold Prop. 215 were “groundless.”
In a court case involving police seizure of medically used marijuana plants, the City of Garden Grove recently was told by a state appeals court, “It is not the job of the local police to enforce the federal drug laws.” When the city tried to take its grievance to a higher authority, the U.S. Supreme Court rejected the appeal.
Proposition 215’s language is clear: “Nothing in this act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-medical purposes.” But what has not always been clear is how the Compassionate Use Law can coexist with federal laws that prosecute the possession, use and sale of marijuana.
San Bernardino County law enforcement has taken a tough stand on medical marijuana. Sheriff Gary Penrod has said it is right to challenge the legitimacy of Proposition 215 because “federal law supersedes state law.” Locally, sheriff’s Sgt. John Ginter bemoans the disconnect, which doesn’t make it easy when officers or detectives on the street see painstaking investigations into criminal drug activities that go for naught if district attorneys decline to prosecute a case that could be complicated by Prop. 215.
While Stueckle and Ginter are concerned about the criminal “secondary impacts” associated with medical marijuana, an unanticipated impact has been a hit at philanthropy.
Copper Mountain College received an application from CAMS to set up a $15,000. scholarship. “I went to CMC, and even though I had grants, it was expensive,” explained would-be benefactor Ross. However, the CMC Foundation Executive Director, Syndee Slayton, now says, “The college has to be careful about how we’re positioned on this.”
Ross said he was told by Stueckle that CAMS will be allowed to remain open and “distribute medication” in the event of a moratorium. This is good news to founder, who feared a moratorium would have a chilling effect and halt all services at the collective.
“But we don’t want the community to think that we’re just pouring weed out of here,” added Ross.
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| Locals object to plans to expand base |
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The following are comments from the readers. In no way do they represent the view of hidesertstar.com.
artbyanne wrote on Dec 14, 2008 6:22 PM:
" The reporter did not get her facts straight.First of all,the owners of the ballet & karate studio are not husband & wife,but mother and son.Secondly,they in NO way support the alternative medicine clinic that is right NEXT DOOR to children who are attending their classes for ballet & karate.I,as a parent who has two girls in ballet,am very concerned about this kind of place that may attract the wrong kind of element that I wouldn't want hanging around. "
Bosn Bulldog wrote on Dec 22, 2008 12:23 PM:
" I am a retired Chief Warrant Officer who is left after 24 years with chronic pain that per VA is not correctable. I can not work, nor function without very large amounts of prescription medication (Fentinyle, oxycontin, nurotin) and pain side effects loss of bladder function, thyroid crash (Synthroid), 0 testoserone production so I have a patch to supplement that, and of course severe depression and anxiety attacks so Zanax, Celexa, and wellbutrin. Then we top it off with percocet for break-through pain. Which is terrible, Ican't walk more than a few steps or exert myself without severe pain in my back both legs and feet. I don't use medical marijuana because it would be against my program and legally would be sufficient to endanger my current medication requirements but I just don't see what difference it makes if it helps because there are very few things that give me a quiet painfree few moments. Fight crime not patients who just don't have the strength to care.
Thank You "
Thank You "
Mich0126 wrote on Mar 5, 2009 9:41 AM:
" I just think the town of Yucca Valley should be ashamed to ban this. I lived in 29 Palms, and I was amazed at how many medically sick residents there is. I seen more wheel chair stricken people on 29 Palms highway then I ever seen in my life. Does Yucca Valley think that all residents in the high desert are fine without pain? It's medicine to these people, and should be available to them. Yucca Valley is living in the past with no compassion for their neighbors pain. I'm sure it's ok with Yucca Valley for people to get hooked on strong pain medication instead. Get a clue Yucca Valley. "
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Branson Hunter wrote on Dec 13, 2008 7:19 PM:
The San Bernardino County Sheriff and some County Supervisors that have taken a tough stand on medical assisted cannabis, may some day change their tune as they health changes, and it will. (see below).
Even Copper Mountain College (CMC) is taking a milquetoast position and playing the old game of politics by dancing around a generous $15,000 scholarship provided by the non-profit medical center that also furnishes compassionate medical assisted cannabis to qualified people according to law. I think some colleges administrators may, sadly, be out-of-touch and doing a disservice so some students. I say take the money and use it wisely on needy students. What's a matter with you people. Act like a real college, the center of enlightenment; not like a bunch of -- which way is the wind blowing -- cream puffs.
Still, Sheriff Gary Penrod has said it is right to challenge the legitimacy of Proposition 215. With all due respect Sheriff, you are not above law, the people of the state, the Appellate court, or the Supreme Court. If you want to make law, go to law school and get appointed to the high court. If you want to enforce federal marijuana laws, go to work for the DEA.
I don't understand why you would desire to force elders out in the streets to buy medical pot from criminals! Do your job, not try and interpret or make law! Moreover, the court ruled a county’s arguments for refusing to uphold Prop. 215 were “groundless” -- "It is not the job of the local police to preempt California law to their liking in favor of federal marijuana drug laws,” The Appellate Court said it best: “It is not the job of the local police to enforce the federal drug laws.”
With all the liquor stores and the pharmacies in the Basin, is there a problem there? No. Ease up. Follow California law and court decisions or get a job in the private sector -- because you are doing our State our County and our sick, suffering and dying citizens a disservice.
A Yucca Valley veteran who was very well respected in the community (also a disabled vet) died of cancer a couple of years ago. His insides were nearly eaten away. Blood oozed uncontrollably from his anal canal. He preferred medical cannabis to liquid morphine to ease the pain, nausea and other extreme complications. He dies under the tender and compassionate care of home Hospice care. Another Y.V. military Veteran and senior citizen is now dying; he's in a coma in the Regional Hospital in Palm Springs as I write this. I use to drive this law abiding gentleman to the Loma Linda Vets Memorial Hospital. This man had serious and acute pain before his demise.
Would the good Sheriff and some Supervisors have wanted these senior veterans to obtain their medical cannabis from street criminals. What is it with you people! You are so out-of-touch on this issue.
All told, the small numbers of people in this County that have a doctors prescription to use medical cannabis, who are authorized by the state to purchase it in controlled dispensaries, have current state law and appellate court decisions on there side (to which the Supreme Court wouldn't review a city's appeal to overturn the medical assisted cannabis law) -- should be able to legally purchase it in this County. They will get it, either there or out in the street from criminals and punks. Is that what the Sheriff and some County Supervisors want?
Ladies and gentlemen of CMC, the County Sheriff, and some County Supervisors -- enjoy your Christmas spirits this season, and do restrict those deadly cigars and cigarette, and don't forget to have a replete medicine cabinet of doctor-prescribed medications. I digress. I apologize... Just trying to make a point. However, we certainly do have a nation of dopers -- thanks to the extraordinary creative powers of the most powerful corporations in the world, the pharmaceutical industry. Wouldn't it be comforting to enjoy TV without all those prescription drugs adds that tell us to tell our doctors we need their new drug? Why they even make up names for normalities, laugh about it, and have us medicated for no reason at all. The combination of drugs are killing our people. [Google it.]
Are some of the County Board of Supervisors, CMC, and County Sheriff afflicted with "'Reefer Madness' Redux." Judge not Mr. Sheriff! Lighten up Supervisors. CMC, gracefully accept the generous $15,000 scholarship.
If you good people want to be a judge, go to law school and get appointed to the appellate bench or the Supreme Court. Get off your old fashion high horse. Many in our State looks upon San Bernardino County like it's the Old Wild West, or sadly view our leaders as governing buffoon (which they are not). I love Santa Bernardino County, but not the bad PR it gets.
It would be so nice to have a compassionate County Sheriff who believes in enforcing California State laws and California courts in connection with compassionate medical cannabis laws and court decisions-- even though he does not agree with it.
Okay, that's the extent the venting. And I do indeed respect the law and all of our law enforcement officers out there, who on a daily basis are put in harms way. Protect us, follow the law, and thank you for your service.
Branson "